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,^ ... -^'*'^!i«?f»^=S!«*?
C.T37
HowelFs State Trials.
VOL. XXIV.
[BEING VOL. III. OF THE CONTINUATION]
S4 & S5 GEORGE III A.D. 1794.
COMPLETE COLLECTION
<" : -■■•:•- • ••• - -
OF
AND
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM TH£
EARLIEST PERIOD TO THE YEAR 1783,
WITH XOTES AXD OTHER ILLUSTRATIOJ^S :
COMPII.ED BY
T. B. HOWELL, Esq. F.R.S. F.S.A.
AND
CONTINUED
FROM THE YEAR 1783 TO THE PRESENT TIME;
BY
THOMAS JONES HOWELL, Esq.
VOL. XXIV.
[BEING VOL. III. OF THE CONTINUATION]
34. * 35 GEORGE III A. D. 1794.
LONDON:
PruUed hy T. C. Hansard, Peterborough-Court, FUet-Street t
FOR IjONGMAN, HURST, REES, ORME, and BROWN ; J. M. RICHARDSON ;
BLACK, KINGSBURY, PARBURY, and ALLEN ; BALDWIN, CRADOCK,
AVD JOY ; E. JEFFERY ; J. HATCHARD / R. H. EVANS ; J. BOOKER ;
J. BOOTH; BUDD ahd CALKIN; AND T. C. HANSARD.
1818.
r ''!;W:^Hf?
TABLE OF CONTENTS
TO
VOLUME XXIV.
GEORGE THE THIRD, A. D. 1794.
GOS. Trial of DAVID DOWNIE for High Treason; at a Special
Commission of Oyer and Terminer^ holden at Edinburgh Sep-
tember 5th and 6th : 84 Giobok IIL a. d. 17d4> • 1
6M. The Trial of THOMAS HARDT for High Treason, before the
Court holden under a Special Commission of Oyer and Ter-
mmcr, at the Sessions House in the Old Bailey, on the 28th,
29th, dOth, and 81st days of October, and the 1st, 8d, 4th,
and 5th days of Norember: 85 Gioaai lU. a. d. 1794 19^^
CORRIGENDA.
CORRIGENDA.
Vol. XXIV.
p. 90Sy 1. 15 from ike hatUm^for design, to read design to.
p. S59, 1. 33, to the word ** treason," should he affixed the following Note : — As to which, see
in this Collection the cases of Lord Strafford, Vol. 3, p. 1381 ; of Peter
Messenger and others. Vol. 6, p. 879 ; of Daniel Dammaree and others,
VoJ. 15, p. 591 ; and, of Lord George Gordon, Vol. «1, p. 485.
p. S56, /aft line but one^or laws read law.
PL 660, iaU line^ jfor pp, 104, 108, read pp. 231, et seq. ed of 1817.
p. &I5, line 19» J'or rember read rememuer.
p. 8^7, /. ^3, J'ratn the bottom^ for doos read does.
p. 810, last line but onCyfor belonged read belonging.
p 919, lest line bnU three, dele see.
p. 106 ly line 4, .A"* unanimity. rea</ unanimity :
f I061y imti One but one, /or Debates, renij Debate.
STATE TRIALS,
Trial of David Downie* for High Treason; at a Special 1
CommUsion of Oyer and Terminer, holden at Edinburgh^
September 5th and 6th : 34 George IIL A. o. 1794.t
Mi^^kta^h Friday, Septmhir 5th, 1794.
^ r i Pre^iident, Lord Chif f Baron
of i, Lord Eskgrove, Mr. Baron
fiorton, ijora ^wtnton, Lord Dimsmnan.
Cemmut/ar ikt Crowity—Thc Lord AdvocaU,
■ "^ " :itOf Genenl, Mr. Anstruther, Mr*
I- — Mr* Warr^ndcr,
If €IiMiu£/ /or tht Primner. — Mr. Cnllen, Mr.
iCkft, Mr Fletcher to assist
|j(i««r Mr. John Dttlon.
\ Ckrk tff ijrruif HI.— Vou, the prisoner at
' btr^ f he^** i,'*rtKl nu'n that you shall hear
fsUedf and 3)ipear^ are to pass be-
tween fitir Vortl Ihc king ain) you,
«|PQ» tJ*r tf I ifc and death ; if, ihere-
iJie, jroQ ^^ i^e them, your time is to
•peak witiF tui^TD \\s they come to the book to
re thein called as follows:
--Pritontr^ I challenge him.
^Pti$, I challenge h'mi,
ifk^^Pris. I challenge him.
li?r. — Prii, I challenge him.
— Pri%, I rh^llen^e hira,
:i- — Pri%. I ' ' him.
L — iViY I him.
^Prh. I lij.Hjrii-f iiim,
— Frii, I challenge him.
'"^" — Prit. I chaTtengc him.
(of Queen Street in the
liace^ — Priv, I challenge him.
1,— Prif, I challenge him.
m Ibc case of Robert Watt in the prc-
; VoJumep, 1167.
■kco mHhort-hand by Mr. Blanchard.
Ibift emae uiother, but imperfect^ account
VM MiMMiMd Mmilar tn tfmt of Watt's trial,
vbini Iteft slfeaidy hern noticed^ ante^ Vol, S3.
^ IHIT.
John Scougall» — Prw. I cha;llenge hrm.
John Horner, — Pri*. [ challenge him,
Tho. Hutchinson, — J'ris. I challenge him. J
Archibald Campbell,^ iV is. I challenge him,
George Kinnear,— Pri>. I challenge hint*
2. Wi^lliani Frxser (of Kirk brae head in lhe<
Earish of 8t. Cuthbert*9, of the county of £di»>^
urgh) was sworn,
John Andrew, — Pris. I challenge him,
William L:Lmb, — Pri$, 1 challenge him.
3. Wilham Fettes (of Princes-street, in th*^
city of Edinburgh) was sworn,
William Scut,— Pri*. I challenge him.
James Raunie, — Pris l\ hallengehim*
Jmnes Jameson,— Prii. I challenge him.
4. James Ijndsiiy (of Qtmlity-strcet, Leilh^j
wine Merchant^ was sworn.
Alexander Sherift,— Pr w. I challenge him.
Alexandt^r Rinnear, — Pri^. I challenge him*
5. James Hamilton (of Princcs-strcet, iti^
tlie city of Kclinhurgh, uphobterer) was sworni
6. Alexander Ponton (of Canal-street m\
the city of Edinburgh, wri^ht) was sworn.
David Deuchar (ol High-street, in thecityj
of Edinburgh, seaUengravcr) was sworn. '
8. Chark's Uobinson, (of PrinceS'Slreet^ J
in the city of Edinburgh, painter) wa^ sworn,
9. George Rae (of Leith-wynd, in the parisb'^
of Canongale, candle maker) was sworn^ ^
to. John Bonnar (of Si. Uavid-strt^et, ia^
the city of Edinburgh, painter) was sworn.
It. Pavid Milne (of Queen-street, in thd ,
city of Edinburgh, merchant) wa^ sworn.
Fran. Buc.Sydeserff,— Pm. Irhallengcbim*
James Price, — Prm. 1 challenge him.
12. John Black (of InrkS Clu^e, in the city ^
of Edinburgh, woollen-ilrttper) was sworn.
List or tiii: Jrav.
Robert Young.
William Fraser.
William Fettcji.
James Lindsay.
James Hamilton.
Alexander Ponton.
U
David Deuchar,
Uharl<;s Robertson.
J' ir
JiilVirj .ijiilie.
John Bhvk.
Cfcrk of Arralgti^ — Ccunl thc«c- [He
Ihen called over Ihc names of ihe Jurors
sworn : thuy were accord in j;ly counted.]
Clerk of Arraigns, — Crycr,niake proclama-
tion.
Cryer,—Oyet^ , If any ooii can iaform my
lords, Uie king's attorney general, or this in*
quest now tu be lakt n<, of tlie high treason,
whereof the prisoner at tiic bar stands in-
dicted, let them come forth, and they sliall be
heard ; for now the prisoner stands at the bar
upon bi.^ deliverance, and all others that are
bound by reco^Lcance to give evidence
against the prisoner at the bar, let them coine
furth and give their evidence, or else they for-
feit Ibeir recognizance ; and all jnrynien that
have been called, and have appeared, and are
^01 Mworn^ joaj depart the court.
Clerk nf ^rrai^nj.— David DowdIc, hold
up your haod (which he did).
ilkrk of Arroigns to tlie Jury.— Gciitlc-
meu, you that arc sworn, look upon the priso-
ner, and hearken lo !ii> 4:harj;e ; he stands in-
dicted by the name of David Downie» lale of
Edinburgh, iii the county of Edinburgh, not
Jiaving the fear of God in his heart, nor weigh'
iog the duly of hib allegiance, but bt-in;^ moved
as a false traitor agaiust our lord the kuig, and
wholly withdrawing the cordial love and true
and due obedience, fidchtV) and allegiance^
which every true and faithlul subject »ht>iild»
and of right ought to hear, towards our lord
the king, and wickedly^ nialickiOHly, and
Irailerously, contriving to break axid disturb
the peace, and to change, subvert and over-
throw the government happily estabJLshed in
this kinjEidom, and lo eicite, move, and raise
in-surrertlon, and rebellion, and to dejwse our
J ord the king from the govemraenl of Great
Britain, ^nd to put him to death, on the firO.
day of March last, and on divers oiht r dayi^. —
f be first overt act is, that be, on Uie hrst of
Marcli, did maliciously, wickedly, and ( r alter •
maiy meet, conspire, consult, and mme to
IliOpc and procure a meeting of divers stiujccts,
to be assembled and held within Uie kingdom
of Great Brrtarn» under the name of a con-
vention, for tlir i,{ assummg to them-
selves, at siicli \if. powers ofgoveni-
jneiit and If'gjsiaiMjn, M.ur this kingdom, in-
dependent, kind Ml defiance of ttie aiitliority.
and a^aiust the whole of the parliament of
this kirigduni, aud of subverting and aitering
the ndc and government, and deposing our
lord the knig from the government and royal
stale.
The second oved act is that he roet^ and
consulted to instigate, incite, encoura^, and
porsuHdu the subjects of our brd the king, to
<Miuse and procure divrrs meelmgs ana as*
scrub lies, for the purpose of choosing dele-
gates frum amon^ themselves, to jucel in a
i,i. -».»,, .r ...J... .^ .. n^imj of a r - r- *- -: * ■
j^c of as8'
_ lit: ui I -iJ"!
Trial of David Dowm€
iembled to cluio&e a convention to' be hekl,
the object of which was, to redress nadooal
grievances, by usurping to themselves the
power of government and legislation of this
kingdom, in defiance of the authority of
parhament.
Tli« fourth overt act is, cODsultiiig Xo bring
about, in such convention, lo be held without
the consent of parliament, an alteration and
cbange in the modeof representatioo, and in^
stigaBng and inciting persons to send dele*
gates to such convention, for the same pur-
pose.
The fifth overt act is, that he conspired, with
other false traitors, by farce to oblige the km^
to alter the measures of government, and to
comply with certiin unlawful dcrmaods^ pio-
posiuons, and meastireS| to be theicafUt
made by bim, relating to the king's adminis-
tration of the government of this kingdom.
TJic sixth overt act is, that he conspired to
mise, and make insurrection and rebelhon,
against our lord the kin^.
The seventh overt act is, that he conspired
to oblige the king by force to comply witli
certain demands to be made hv Wun. 4r»U cofw
sent to tlie introduction of u% afld
n^eabures respecting the go\ ' uf this
kingdom.
1 he eighth overt act i«, that he conf^irtdj
consulted, and agreed with other false traiKn^^
to seize and take the caatle of Edtnbur^gh into
his possession, by force of arni»> with gtjn5r
pikes, spears, baiile-«&kea, and other of&naivt
weapons, and Uy provide leaders to be ap-
pointed and instructed by him, and to ky in
wail, and surprise the forces of our lord the
king, sUiLioned in the said Castle of Edin-
burgh, and to attack and 6gbt them, and to
take into hb poises:iion by force, the public
banks, and excise uflite, and to seije wl
imprisun the justice clerk, the lords of councU
and ^cs.'^ion, and justiciary, and the lord pro^
vusf of Kdijiburgh.
The ninth overt act is, that he did trvftismte
and incite divers subjects of our l^'i <.;
to consent tU| anil approve the la^i J
traitcrous propusal^v ^^*^ ^ &td aiui as^fp<i mm
in eiiceiing, and carrying the $ame into cxe^
culton.
Ttie tenth overt act if, that he fOiMpired
and consulted UlUl other fal^ Ir^itnrt tn uto-
cure arms for tlu) pirpo^ oi it
and allacrs, to enable him l^^ ;*
ill the legal eiterciae of his royal power vid
authority.
The eleventh overt act is, '' n^jpiied
to raise and le%y moDey, tli< r-irry
into effect his truiterous puri
'llic Iweltth overt act is, tl '»
rkrtri: ' ,' ' ' V ' di>pcrs*M cfri^n iim-
ir- liipnabUj p&ipen, «Dd
>ur \m Um
aa"
''J
*)
J^ High Trtas6n.
A. D. 1794.
[6
[lft|ift¥ ibe Bame to him, with intem Umt
flhould b4£ accautited for^ and
math way as shmjld be most eal-
10 make, and mi'^e insurrectioQ and
tlMioo af^inst the king.
' Thm Iktfteenth overtiLct is, that be hired and
fgicfd John Fairiey, to oury and disperse
tKsk pipcsi am )a«^t aforesaid, sxid delivered
purpose, with
r said lord the
uir \Mii! in the exercise
0 assist in prosecuting
i^ade to subvert the go-
tjv^rt act is, that he in*
1 Fairlcy, to insljgatp,
/ . ts of our said lurd the
iimru:e and support, and to
■y as flhould be colJectcd to
lilWntb overt act is, that he eitt-
the fiaid John Fair ley, to in&tignte and
ibo iiuhject; ofonr said lord the king, to
m afraa, and to arm themselves, to resist
kiig^aod U» aid and assist him m subver-
tbt fEi&vtnuneot.
futeeolh overt act b, that he em-
HlUiam Brown, to m»ke and procure
foe arming himself and other false
and pajd tliem munev for the same.
H^mteenth overt act is, that he em-
Onock to make arms for the
Ttw eic|i<«tnih overt act is, that he con-
il, aoid foi into his posses^t uu arms^ and
I IhcvD Goocaalcd in his dwelling house, in
\ fo be made use of, for the traitcrous
talbcesaid, agamst the duty of his al-
ft^&sl the form of llie statute in
aiU^ and provided, a^uinsi the
iatd lord the king, nis crown
indictment he hath been ar-
aod thereunto hatb pleaded Not
ad f«Drhiii trial hath pot himself upon
the eouotry, which country you are ;
etiafife i% to tnqitire whether he he
f '^ '.'"", ^- . ' . "' ■ : .'ids
. sy
lu riKinjier wiiai gfju.iija ami inaitcrls
laiicnientji, he had Dt tlie time of
iMqfi tretf'^'" '--^ '>>"«• «.*i ***■ jit any lirae
if j^i . you are to
■Murs if hi rind that he
iM lor I ot his coods and
diaaaK, i ium guilty; if you
MbiainAi ;! that he did not fly
ivittTQii ai' ^0| and no more; and
bnHuii to tbc tiviilaicc.
Mr. DiaaJatf.^-Oentlemen of the Jury, This
n an iwlieliDent of high treason, against
Dmd Dawnmv the ^iioner at the bar. Vou
lawi hcar^ the tndtdment read, and it is my
ter 10 iUK? the substance of it. DrieHy,
L as ilua^'Tbe prisoner is charged with
J to wittmVlit II convention, which
lisurp the iQDvemmtDt, and to new-
model, at their will, the constitution of the
conntrv- He is likewise charged with procur-
ing offensive weapons, to arm the subjects of 1
the cQuntr5% in order to alter the form of the
government, and to overawe, and restrain the
conduct of the king, and compel him to conn
ply with such measures as, to the prisoner
and his associates, might seem proper, and
expedient; and, finally^ he is charged witb
having conveyed treasonable papers, with a
view of influencing the army, corrupting the
soldiers, and hiiissing them from their duty,
and of exciting them to rebellion. The «uni
of all is, he has taken measures which, in the
language of the law, extend to compass and
imagine the death of the king, — to which, he
has pleaded Not Guilty.
The Lord AdrocoU.—^l^ Lords;— Gentle-
men of the Jury,'-'Thjs is an indictmejit
against the prisoner at the bar, for the crime
ot'hi;;h treason ; and it is my duty to stale to
yiiu, shortly, the low, as it appears to me to
stand, upon that subject, and the general
nature and import of those facts, which on the
part of lUe crown, and on that of the public.
It is my duty to lay before you, and to support
by evidence; of the truth or suAlciency of
>*hich evidence, you, as the representatives of
the country, judging impartially, between the
prosecutor on the one hand, and your fellow
subjects on the other, are alone cntitledf and
have the power to delermme.
Gentlemen, it must be perfectly well known
to you, that, upon the happy event of the
union of the two kingdoms, the sys^tcros of
law which bad prevailed in each country
from the earliest history of both of them,
wrre by that solemn trcaly, settled and se-
cured to each nation for ever. Soon afker^
however, and upon the best gmunds of public
expediencv, an aUer*ilioii took place, m re*
spect to tile crime of high treason, which,
smce that period, has, by the authority of
parliament, been made the same for both
kingdoms. It was just that it slioutd be so;
for, being united under the f^ame sovereign,
and under the same happy form of govern*
nnent, it was expedient ana necessary, that as
our allegiauLe was the same, the laws that
punished the breach of it should be equally 90«
ticntJemen, I shall not stop to inquire,
whether we, in Scotland, gained, or may be
supposed to have gained, or to have lost, by
the introduction of the English Jaw of treason;
it is not material to the question you are now
to try; but this I can state, without the
hazard of contradiction upon the part of the
prisoner, that ihe Scots laws of treason, previ-
ous to the union, were much more strict, and
much more severe, than those which were
established in England, under the protection
of which we now hvc ; and that some persons,
who are now suffering • under the common
• Muir, I'alfucr, SkirviD|:, Margarot, and
Gcrrald ; u -■ see m tbc preceding
Volume oi ^ iwu.
7]
34 GEORGE
law 0* Scotland, arbitrary punishmcnU, fix-
offences cummitted against it, would, if the
Scots Iaw8 of treason had existed at the present
moment, httve been tried for their lives, under
thftt liw\ mid would have suifered the capital
punishment which tliat hw iutiicted. I have
no doubt you must ubo know, for it is a cir-
cumstance that has always Lieen stated to the
lionour r»f the law of England, that from the
day* of king; Edwanl 3r«l to the present
time, the law of treason has been governed
by a statute, passed in the rei^n of timt excel-
lent prince; and that it remains the founda-
tion of all the trials which have proceeded
upon that subject.
It includes t hree distinct cases; and the
statute is conceived m that ^hort, simple, and
precise style^ fur which the parliaments of our
orefathera, at an early period, l>olh in Kng-
and and in Scotland, were so dis.tina:uished
ind remarkable. They left thai bneL s-hort, '
ud concise statute, to be applied by the
es of the land, in afler'timcs, to every
ase wbirh appeared to them to fall within it ;
hey bufije<l not tJiemselves with hunting out
every mmule case, which fancy might sug-
' but they laid down, in pbin and clear
inguage, that tonducl, and those leading
els, by which allegiance, in their apprehen-
on, was broken, and left to the juilicial au-
Ihority of the laud to apply to sobbequent
Leases, the distinct and plain rules by which
Iftlie Uw of treason was bettled and defined ;
iind that slatute, which has stood the test of
^centuries, and which has been discussed in
Every case that has s'mce occurred, has now,
I and for a long time past in England, been
•fixed, exphuucd, aiiil seltle^l, beyond the pos-
> fiibility of controversy, and beyond the rcuch
..<of dispute; it has justified the wisdom of
,.the parliament which enacted it, by the uni-
versal applause which this country has be-
. stowed on it; and has received troiu all who
.have conbidered or written upon the subject,
the slronge^^t, and moil jtust encomiums as
^}>rc3erving, on the one Imml, the con^litulioii
find K*^vernment, and the safely of every
[tmemoer of th*it government, by punishment
Lb€vcj:v, if those under its proleclion are iaUe
[ /enough to conspire for its downfall ; and se-
curing, at the same time, the liberty of tlic
subject, aud the safety of the highest as well
as the meanest indivukial that lives under its
protection, from the power of the crown, if
ever attempted lo be opprcsnively txertcd, or
Mretched beyond the due limits of tiiat au- have v
thority with which the law and cousin ution
Las vested it for the hucurity of the whole,
luid for ttic presscrvation of peace and of
order.
Gentlemen, I stated to you, there were three
^K>mtH whith formed the leading juid pronii-
ticnt lValure«i of lh*ir net of purhi^mt'iit.
1' ' le, and
jcoii imouft
in ;;'k"i, i^ — toajp.i".M;jjj nr niiUi^ining the
dcatii of the king ; the socock1| IcVyuig war
Tritd of David Downie
apinst the king : aiid the third, adhering to
the enemies of tne king.
In this case^ with the last we have nothin|
to do, The charge, which has been opened
in geneml to you, by my brother, falls, as
you must have observed, under the tirst and
most important of the whole, cnmpi -"'*'■' "^"<f
imagining the death of the sover.
in the course of the evidence 1 iL„.. „=.-.-
wards open, you will find, that, lo a certain
extent, the second branch of the statute
comes likewise under your consideration,
though it forms not the Aground work of the
charge against the prisoner at your bar ; for,
accord in j^ to the universal and concurrent atj*
thority of the greatest and ablest judges and
lawyers, which any country ever produccdj
men, friends to the liberties, the n 1 ' "d
the constitution of their couniry, a «
or coiihultalion to levy war, or in
agaiitst tlie government and the ,
even though that war should not 1 x!y
levied, but by vigilance checked \\i the bud,
has been, with the fullest consideration, held
to be an overt act of compassing and imagin-
ing the death of the sovereign, and to hlk
under thai leading and principle branch of the
statute.
Gentlemen, we have, since Ihat law has
been extended to us, had two rebeUious in
our country, but upon both those occasions,
the persons guilty were, from peculiar circumt^
slancen, and under the authority of a special
statute, tried in our sister kingdom. We
have the misfortune, at the period we now
Uve, to be almost the Brst, in the ditferent si-
tuations of judges, jurymen, or prosecutors,
called lo the meUurholy, hut necessary exer-
cise of the jurisdiction, accorthng to the laws
that prevail in our sister kingdom ; and
though the periods of rebellions, I trust, are
pa»t ; allluuigh we all, for this century pa^
nave had occasion to bless IIih couhtitutioa
which our parents have es^tablished for us^
which from ihem we have received, ana
which, 1 trust, we shall do our utmost to
scud down entire to our children, there exists^
at the present moment, to the astonishment
and gnef of every virtuous, loyal, and well-
disposed subject (from what source it origt-
natea I need not sitate), a conspiracy and cona-
binaliou, toundcd upon principles hu'-lile, not
only to our own, but to every utj
mciit,aud subvert vc of allordcr, :<
who, dr^ • - - - ^ I ut -
< nn lent,
lant, the
*«'" of
ity
lo^v
C<M
b' lli-
r.i! ■ uh
evi:i V ijfUuu t'AuUul, ^aidunduilic h|»octou3
bul li^ll^e pretext of reform, to ^itb*^tUutc in-
i^iead of what v^ > : which
the^e unhappy p« uol uu-
dtfjiirtHnd ; an 4^tU luj^i wtiun^n imy ttad Mic*
cecdcd, would have produced the aamc drenal*
JofT High Tretuon,
l<l tWim|lit Pti J which have taken place in a
neiiMiMrtD^ cotxniry : would have equally
iiifai»Cfi in it the life of our sovereign, and
tkf Qlblcoce of the legislature ; would have
nborttd mil laws, and annihilated all pro-
f|Btyy«>d,^cr destroving those persons em-
"■^ ' ' Ihc service of llic state^ or members
>Uituref would have almost in the
loiediate moment, des^cended on the
boidB^f those most active aud conspicuous in
m itondftti con^spiracy.
GeDllenten, the word.s of (he act of parlla-
1 >ti/ H'iili sufficient accuracy
Its meaning; and after
, vou will be able, without
- mmc, which as a Scots law-
} ' tlly pretend to give you, upon
Ai> i ^ .. i.ULute, to see what the law of
t» - 1- -, <jr by what circumstance's of con-
dun It lb violated. The law of England, indeed^
an ibe law of every free country ought to be on
tbm tuihjtr'. : ' tin that every man who
itaAk amy nd and know precisely
IIm* Ijirr - ' (J jics tu violate. — ^For your
^rtbtt jtj, however, I shall feel it
"^ n\vn words, but in those
lied lawyers of England,
-e observ'ations on the
d to them material, and
their apprehension, that
lifiikit iiie oue or the ottier of the two
Inadiei of the act of parliament. T shall
hf^ wtU) Mr. Justice Foster^ of who^e
>t>u have most of you no doubt heard,
him and Hawkins, and Mr.
' ue» (he most modern of them
tew I' igri upon the subject,
Uwldtscourie which Mr. Justice Foster
>fi.^f the rebellion 1746, upon
Ibtlsvrol on, which, as from the
diihieru'i^ -ii ^ j-stonal, as well as eene-
r, and the pHriiciilar circu matinees
I If! was called upon to consider
ninute allentioui so he pos-
iy of stating to his country,
lilt the law was on the sub-
ii iimeutary upon the first
rjti lie, compassing the king's
ts himself in the following
tliat, in the case of the king,
•-'f^H hath, with great pro-
rule, voiunlo* pro /actOf
■ \j. The principle upon
^ is loo obvious to need
ihc king is considered as
pohlic, and the mem-
re considered as united
I k«f I together, t)y a polilital union with
^ '~ 1 with iiiich other, — IJis life cannut,
A. D, 1791,
[10
ijtryti
i|i,
lit^c of ih
I practices, v
iken
ulV'
Ijilc-.
1 to slop
,...^...;v..vjr, I mean
'. wijo, m his** Prin*
liM uoiiuestionably
proved himself, by his writings, as great a
friend to the liberty of tlie subject, a& a de-
cided enemy to any severe system o( criminal
jurisprudence; and who observes, tliat the
circumstance of a sovereign being carncfl
from his throne, and under the appearance of |
a mock trial, led to execution by his subject*,
was (some few years a^o> without a narallcL
We live at an hour of this century, when his
lordship's remark is no longer accurate, and
when that circumstance is no longer pecuUar i
to the history of Rritam ; when drcadftd ex-
perience jusiifies the truth of Mr. Justice
Foster's observation, — " That his life cannot
be taken, in the ordinary course of things,
without involving a whole nation in blood
and confusion; consequentl^v, every stroke
levelled at his person, is, in tlic ordinary
course of things, levelled at the pubhc Irari-
quillity; the law therefore icndereth fihe
safety of the king, with an anxious, and, if I
may use the exprcsstoo, with a concern bor-
dering upon jealousy : it considereth the
wicked imaginations of the heart, in the same
decree of guilt as if carried into actual exc»
cutinn, from the moment measures appear to
have been taken to render them etVectual ;
and therefore, if conspirators meet, and con-
sult how to kill the king, though tliey du not
then fall upon any scheme for tint pt»rpose,
this is an overt act of compassing his deatli,
and so are all means made use of, be it advice,
persuasion, or command, to incite or en-
courage others to commit the fact, or to joia
in the attempts ; and every person who but
assenlelh to any overtures for tliut purpose^
wdl be involved in the same guilL'*
*• And if a person be once present at a con-
sultation for such purpose, and conceal it,
having had a previous notice of the design of i
the meeting, this is an evidence pnjpcr to be ,
let! to the jury, of such assent; though the i
party say, or do nothing, at such consuUit- {
tion. The law is the same, if he is present
at more tlian one such consultation, and dotb i
not dissent or make a discovery. But, in the
case of once falling into the company of con-
spirator-*, if the party met them accidenlallyy ]
or upon some inditferent occasion^ bare con-
ceahnent^ without express assent, will be but '
misprision uf treason. The law was formerly
more strict in this respect; 'si ad tempus j
• dissinmlaverit vel subticueril, quasi conscn- j
' tiens et asncnticns, crit seductor domniij
* regis manifestos/
He then goes on .— " The care the law batlil
taken for the personal safety of the kin^, isi
not con6ned to actions, or attempts oitliel
more flagitious kiad» to assassination* or poU j
son, or other attempts, directly and immcdi«
atcly aiming at his lite; it is c\" . ' ' fi>
every thing wilfully and deliberal' r
attempted, whereby his life may br riim
gcred ; and, thcretorc, the entering into me
siiTPs lor <i-iNi-irit'" or imprisoning hira, or
gel his [" liic power of the cons
tors,— tliL va arc overt acts of *
^-^
in
•H UEORCE III.
Trial of David Dotsnie
[13
wUliiii tlii«» branch of the $tat\jtc: for eKpe-
ntnce hath shown, thjit between the prisons
antl the graves of princes, the distance is very
It goes on :^^" Ofienccs which are not so
'personal as those aJrcad.v mentioned, have
I .beeni with g;Tcat propriety', brought within the
) same rule, hs having a lendenry, though not
^fto immediate, to the same fatal end: and,
" •refore» the entering into measures, in con-
''cett with foreigners and others, in order to an
invaskm of the kingdom, or going into a
foreign country, or even proposing to go
thither, to that end, and taking any steps m
order thereto^ — these offences are overt acts
of compassing the kind's death/'
Gentlemen^ from this you will observe^
that any thing which has a tendency to touch
the life or the safety of the sovereign, which
I In' the smallest degree may in its conse*
|4)uences bring it into hazard, is, upon Ibe
principle of the quotation I first set out with,
most justly held, and always has been, by
every court of law, and every jury that tried
the question, as the ofience of compassing and
\ imagming the deatti of the king, provid^ an
I overt act, or facts and circumstances, suf-
ficient to satisfy your own consciences, that
atich was the parlies intention, are proved,
and which oblige you, by the oath you have
taken, to return that verdict you think the
evidence compels you to do.
Gentlemen, having stated this, I shali beg
'leave to trouble you with only anotlier
<|tiolation from the same author, which is pro-
I ,prr to be attended to, as peculiarly applicable
in the facts I have afterwards to state, and
l-^hich, I believe, will be made out to you by
ncc. Relative to the second bramch of
fttute^ and the manner in which that is
d to, as evidence of the prisoner being
jtiilty, under the first branch of the act of
:-fi»rhament, the actual levying of war against
"Jie king, no body can question, is hi eh irea-
imfn%. A consultation to levy war> if directly
■ •against the person of the kin^, i^ evidence of
|-corn passing or imagining bts death, even
l^lhough no war actually follows; and Mr.
I jMstice Foster says, — ** Every insurrection
Which, in the judgment of law, is intended
[ Against the person of the king, be it to de-
ifllirorM or imprbon him, or to oblige him to
iter Lis m€a«ures of government, or to re-
nov« evil oounicllors from about him, these
sings all tjtjount to levymg war, within the
atute, whetbrr attendtd with the pomp and
iimstances of open war, or not ; and every
enspiracy to levy war for these purposes,
bough not treason within
Qg war, is an overt net
^ compa*^ng the aiu.
purposes cannot be eff*
. lad open force, without m
•» i«te to other
having Ihua la^
Qlft to IDJ mind aa itatum the law
authorities,'*! du not, upon r etui lot tiuo, think
it necessary; and therefore thall proceed to
stale those Cacts under which, if in the sequel
thty shall be satiafactorilv proved, it will be
my duty to claim your Judgraeot aguost that
man*
Vou are all, I make no doubt, acquainted,
that about two years ago, & number of per-
sons in this country* formed themselves into
associations, or clubs, for the purpose, as it
was said, of obtaining what they called a p*r-
Hamentary reform, a reform of which you will
hear more in the sequel, and which yuit will
see proved by authentic dcicuments and
papers before you, whatever the original
movers of tl)e plan intended, or whatever
they professed to intend, to have been no-
thing else but a scheme to subvert the pie-
scnt system of go\'ernment in this oottEVtr^f*
and to obtain what they call universal uiU
frage, and annual parliaments, without which
some of those poor deluded people have been
taught to think, thev have not been free.
They applied, as they had a right to apply, by
petition to parliament, and the House of Com-
mons, in Its wisdom, and to its etcmaJ
honour, acting as it thought best for the
safety of the country, and foreseeing what
was couched under the application, rented
tliese petitions, and refiised to listen to them.
Being disappointed in this measure, it ap-
pears that some of those clubs and associai-
tioDS instantly set about looking out for other
moana, and you will have, as early as the
month of May 1T9J, a letter from a club in
London, called the London Corre^^ponding
Socr-^^- - rrerson of the name of Skirving
in I ■■■■, who was secretary 1o another
chiti ... , ..«iui, or rather, as he has styleil
himself, secretary to a convention of all Ihm
clubs which had met upon that subject, ami^
which bad been mdustriously created in '
country, in every comer of it. In that leite ^
which will be proved to you, Mr* Hardy,* the
secretary, states to Mr. Skirting, as the
Uqpse of Commons have rejected their nets-
tion, it is now lime, or proper to thijak of
more effectual measures; and he desires
know from Mr. Skirvmg, and hw friends
this country, what these more effectual i
sures arc.
Mr, Skirving in another letter which will 1
proved to you, soon after answers Mr, 1 lardy f
letter? I shalJ not at present read that letter; i
wtll bf sv id TO yon; but, lam col
V i need , y . k w h'-n that*|iaperts laid I
toreyoti, ih^t j^i though the wmer of It did t
at that time ima^oe it rver was to befVodlK
: to th« ei»), r*«ii
itaout aschaonet <
had 001 oteioed hy avplicatkso, wad i
'^^n^itioa aa esaablkb » luiid of j
iitir««ii, ttt tfai>oowitty^i
mkht have the «fim of
Ibe^
■f f*»
m
Jar High Trtatov,
A. D. 179*.
ill
fatvt ifid vtokufTc, wliat liiev had been re*
iobieA m a leg»l conslitutioDaf way by (lurlia'
jG<atIemgn. wc will also Uy before you in
tfiiwKt^ ^ ' ' 'in Mr. Hardy to Mr.
JikirriB^ c* Ler 1703* a few weeks
|it<idifigt: "^ ' ^ V t which took
rill our rmblage o^a
tC4Qv^ . - I '"> as the
DlAtime budj, not on I iud^ but
r tlicitJsaiids io Engln , : : u^iuming
■ the power^ and statmg that it would
_|lbe jiwreeding* of that legislature,
I it mwb its object ijid purpose to dci»lroy ;
ind which went the len^h^ at last, of voting,
at Dooii-dMy, s detenu mat ion not only to
wittll the cnjcaedings of the puriiameut, but
if Ul* fMtiii ' ' do any one of a
«Vie|jr of »' had the audartty
l#MrlkttULr * biy resist its
mmim^y^ t; t by superior
I tb*^' j.^.iL , '^*"^T1 to
the London ^ v,
totber stjniiar !i5soli_. ..„, ,.:.: ...... ^,..w^,
mm^M te «4 ta appoint a secret cuuitnittce,
Sm tlie pttffoei^, in any of the specified ra5es,
•fcri]fal§ iof^ether a convention of emergency
ataflboc tliay kejil j^rret, where the ring-
littlin of Ibat cont^piracy evidently, at that
DHBBiit. Ihou^ht lliey nhould be able to a^-
m a rallying (Hiint, in some corner of
iliy, Mch a force as woidd enable them
\ tut ataodard of reheUiun against the
and legal authorities of the
you know, and we all of ua
, -_ J Uit ubhged by our duty to attend
t |ir»c>ed4ii§a ol these men, and who will
by every meana in our power, to
Ufefin tola Utetr most secret recesses^
► the- ffejnotir of him who is %our chief
ma^tita' tint into the miast of that
MMlIb ilutnniaied a^ he may have
ha li.v <jf [nagiitenal authoi'ily, by
litt fifi: tttaofi and its adherents,-!.
lui^ aiijgil II one end to the
r* firrfl lawaii : gratitude, which
^for«etiitK. a ^ in dispersing
i><«iiriiilioii» ui^ p: It again pre-
iSMfmijJe wilL.. -, .iiy.
I you ail reeoileetp prosecutions
III ag&ioat tlioee persons. li^f^re the
_<if 8c»lJa.nd» lor thi cy had
^ it the law * id, and
i ^ lum, t^ie nngieadi f s vt that con-
Ihut ptfni?hrnrrit which the
^ Sotill- t persons so
ifcwliaj^ / r ima^rjned,
• IImi ' foun^^ and '
jUifgWi HywmcliflMcd ai uk^^., w^...i. ^ ^...^
■M« btn iMMii sftta tttlcfliftiog to have
iwiiltiid ma dtmm^ for which lonie of th^^ir
OauyOKB hfid ao receutlv ^tiikirJ; but f
Ml fwrt* t£9 you, gciiiituicu, tiiai tin^
prisoner at your bar waa m member of that
ronvciition.
i*risimer, — I was called as a witness upon
Skirving's trial/ to give tcsliinony lo the
crown.
Lord Advocate*^My Lord, I must prove
liic existence of a conspiracy. I am entJtled
to prove Uial this man, after the trial (I am
not trymg him for any thing committed be-
fore), that ht% being a member of the British
Conventiiin, did persevere in that course, and
continued to act precisely as he had done
before.
Prisoner.— -My lord justice Cicrk, is not
this pr^udicing the jury against nie ? Having
given evidence" upon Skirvmg^s trial, nothing
of that convention can aftect me.
L^rd Fretidcnt. — ^The lord advocate says,
he does not mean to charge you with any
thing prior to that trial, but to charge you
^'ith duing things after that lime; and he is
enlitled to open bischarge ; that will not, and
ought not to prejudice the minds of the jury.
The jury know, though they must have a
charge opened, they are not to proceed upon
any charge or alh-gation whatever, on either
side, till proof ii» brought forward ; and they
cannot believe any thing heard, without or
withindoors, except what is established l>y
l*roof ; that every gentleman there knows.
Lord Advocate, — I cannot, as I am entitled
to do, accuse tliisman of continuing, and pur-
suing criminal measures, unless f state the
measure in which he has continued. It is
impossible I can prove to the jury, or accuse
him of continuing in a course of illegal I mea-
sures, unless I Slate also what the criminal
measure is that he bus persevered in ; at the
same tmie, if your lordships be of opmion I
am stilting what I have no right, or am not
bound m duty to state against the prisoner.
I am far from wishing to stale what can cri-
minate him, beyond what X feel my duty
to do.
Lord Pretideni, — The counsel for the pri-
soner must he clear the lord advocate is gomg
on only with what is proper.
Mr, Culkn. — I'he lord advocate is only
stating what happened afterwards.
Lord JdtHKsie, — I am only stating what
happened iilWwards.
Air. AnUruther.^^lfihe lorcj advocate states
wliat is not evidence, the counsel w^ill object
to the admissibility of it ; then will be the
lime for the objection.
Lord Advocate. — AAerthe dispersion of the
British convention, a number of persons, who
were delegates to that convention, formed a
new society in this city, of which society this
person was one, did continue to assemble in
♦*-- societies, and persevered m the same '
res whicl» was the object of the British
... iiuon to obtain, and the nature of which
i menlioiKd. ikuig pruhibitcd and prevented
from asscmbinig In the same mode which
l:.l
MKSKOlUSi: 111.
Trial of David Dovonie
[16
lliiiV Imd Ibrnirrly mlnplril, tlu\v PMlablishctl,
111 llir iiioiitli ot'Jaiiiiury IunI, what thev ral-
Ictlu KriiiTuI roiiiinittrr, and which at\er-
waitKuhlaiiUHl ainoiii* ihriiisrlvc!! the appcUa-
liiiii ut a roiiiiiiiltfi' oM-iiiuii, cuiiMstiu^ of a
imiiihrr ol' tlt'lrgatCH chosen hy rarh chib,
inlu whuh tht'V hati pIcaMMl to divide and
hulKlividr thiMU»c*lv«^!i, in Ihist city and the
lu-iKhlHiurhtKHl. L will prow they wf re the
Mine |H*iaon^ and tlie most active among the
nicinliers ol tlie Uriti^h convention, w)H>m
the juMice of' the country iHTinilted to re-
inuui in it at\cr the tii^d and mnitshment of
the piinci|mt actors. L >hall snow the mea-
^urv^ they inirsiied in that lonuniUec were
|vitx'ively* tiie same, with this ai:i^ravation.
that \ou find them gradually p^Ket^lin^ fr\>m
U'Mk to more, until they altaimM that decree ;
of criminahtv which U\l to a disciwery of !
ilHTir proceedings, andchivkcd them in their \
pio^ivss. \ou>i^iU find It proxei), that, after >
Mtint;( a ivrtaui (ktuvI, and meetiu:: reiiuUrU- ,
and prvn:ivssi\elvt fr\nutinie to tunc, they at ,
l^t Mil'divuKxl tlieniselvesiiito an inferior and
Niib%»rdiiu(e ivmmittct'. to ^hich they pive
the apivlUtKHi of a Sib^ wmnr.tiee. or a vVin- .
luitliv of \\;i^s aihI Means that this i oni-
on (Uv. Ill it> Kviivatxui, aiui ::i Us striK-ronr.
ik-atlx vkiii deiX'te tw>>v*;i, irat tlnry were ex>-
i;a^v\l III a iWhlvrate, ir^itUr. and >\su'u:auc
Vlan, to subject ihe c^'\iTwmer.t of tJL^e cx'civ
li\ ihai thu» cviiuur.tee tuul ab^»lutc. ui>-
«\'A\V.vIuiVIe aucl KCii'V»^te ^x-'wtr* to c.*L:e\'t
^vlS\•^» aud :o iii'«'f^»*e or •.^-l; r.xvv> »:i wuicci
W4\ •.*>:> v^^AxxT, jkitec Ntilij: j-.'^ecied. iv:
•tv*,*t lix:> s.*nj» a'vtv, I'u: fr^'in e\^ry vjlt: of
S.V! .;i'A.^ w Sr :v t.vx wvclvi e 6x V-a* > h.^ av :
i>.v A-0. ci vivtf :r.«cc> :juh i.:Je ^\vj:u::t^w
w*> Sv- Jis.jcxr c« '.-"^f uicix-x : J Lie ^a^ 3^.>l
U-:>.-C '. MS •jt;».i!«:y rr\ :•:! t-V*>e ■-■erv.-i;'* -.>:;.
.: ^A'^ ,*..>«.■.• .iviHix'i.x: :•.' -c y, - •.'»_• :,* : ".e
r\':ci »•• iJc '^ .V o. >A..^ ..i. ^.x" *jc :tf»:i:
i j^.>»vi a v.", xx Jw:>e : V • -j-f^i L-ci >:;a:c ^ 2.1".
1,'v V.C .•j.>4.* * Ls^ xr ».:.».* '..v \ix;x* >»a>
; ::..>i ..*-,^» >«: *ti.v .■.• \'.x. :.m: : r:> "rra::
^jjk a -lit : -x- ,'.' :..'.i'- -s-A .■j:— .iiv I'-'-'-v ,>-•-'-
•ri :'.*x-» . •. «.•- ^ V. ..•.!.•:. ."•.v :i *»^ *. > **:'!
.'V .Mi: ■■».■..•.. I :i x-ii.'. .■ *v ■?»i.%Jii.«."^ ^1 :•.
*>{■.:■%.• .'. »: -.■. «. .:. *. -t*-* ■»!:■■;• ...*. u *«.•
avi«.v-* '-> • ■•- •'*•* ^*''^ : fi .' -ic -.in.«. I.
JlVUC) .1 a4.iJ.^'- -.<. i^^t'l. "i".'^ »^ ■-'».
^■jiiOv-Ui":' J, " (••.■-OS.;* -.1. • ■.\\ •.\,Ax<.K' .•
).A%/ .•V'"H.U> .1.1. -tl; -^ > .»» .:«. .'LJ^C
M>;\%.X>«lli;^-^ St U^ •^.•Il.-i.i.'* "iiu: i't -
Miuu auu jU|iMii4i«:<t<u u 'aua» .^juui;^. sic
conduct of the supreme criminal court, in
having presiimc<l but to do its duty, by apply-
ing tlic established law of Scotland to those
persons convicted before it, by an impartial
and intclli^nt jury. They ordered 100,000 co-
pies of an inflammatory address to be dispers-
eil all over, and in every comer of this island,
for what purpose it is ror you to determine ;
Willi what attention it is your province to
consider : thev even, with a trivial excep-
tion, went the length of voting, in that society
the very resolution for which the British con-
vention had been stopt in Edinburgh : for
which Margarot was then hing convicted in
gaol : for which the jury of Scotland had
lound it their duty to convict and punish him.
lientlemen, they also went the length of
slating, by a paper which will also l>e laid
befoir you, that now they were to expect no
redrcs/, unless from laws of their own making,
not from the laws oftheir oppressors and plui'i-
derer* : an expression which I defy the most
lenient interpretation to construe in any other
9eus«\ when connectetl with tho«e circum-
sroiH-es I have already stated, than a deep
and d\ed decenni nation in their nuad«, t<^
re* St the laws aiid the le«isiaiare cf their
iMintry. and to e*tabli*h by rorce a sovem-
nier.t l\\ themselves. If I went no fanner
:.va:i th:«« I sr-cuio be entitleti to say. thai I
.•-aJ preyed tiie nidu'tment ocoin^t th..« ccn-
vc::*e>: :u :: ; f^ r •.: they <u«.-v*e«cei: m estab-
lis. ::u ar-.y cccstitut-oi: one auii:cr.:y. wai^h
tiu-lJv ir.vT^ t>> e::.u: an.: rr.pc-w L3*irc-wTi
Li->< t.-c ":-f.i.<.:e vV^li i:-C cM*u ^iL^-rut
ro.-.. ir.: a* re > ii: i^-i^c^jal ror^ ^-:.t. :k
:V ..'.•* s ^- :' .vcrssT. '.ZJi'^ :" •:■-' c^ ..-.■::; izc .-: c-
•- U' wvrj* . : :::.? oer
^'
J^"C Mil ^L'i-UC.> •*
^; .M.-jj ••01:
Ci:;. i.'-"u i7-.- • ■•» .^i^toU.?««<^:; i."'"
Lvxrs»i :■,* c< 'JUiie. ; -«•::-•' iJ»ivi.:^ -> ztir-
54..-.- -'r*.»ijv.?*.-; :• •-":«: ':^« tz'twi*:*! is .«> ^-;l- -
-•..r. -..x* ji;>«'i;u.: -• *-.>; c;rc iiju '::i: itf-
:r»-»L:: cr "-.it.- -^a'ui^ 1 "aje '!«4;e»i. "^ ,ij w.
:»:'■: c .»r.' •',-:. -ra". i> -nr -iim* lu^ iiScwi,
»:«. i'^rw HvP" tuCaa.-.i;u> UM ^tii. Oil *r:r*
aB«inOiC'« ih ^'iroiK r i*-it, .1 "iiK jxiictcvur-
^\.\.'\l Jk .wtMOlt* un: •-.itiM "VSJiLCOUss. TMT^f
?j^'i;iAi> -da*i •as' v-fm.'*^** ioiitr u :s%: ..'.iroe
a \^*i. iau, i*«t- ua^.^.-iti; av .vuuiivT j,
.•.-^MtM '%f aiAv Mfetf> M- .^tiu^ ufuoirr "5lri:>4j
.*JU«*«:tic*uii. «iXit.j.^H.^*^ j«.«iniiisanik^ i -*:«>
use ^k: «««t attOK- <.*iiu ^ osQctROa^. uiti :i)e
If]
J&r High Treason*
A,D. 1794.
[18
brcMi
I «f It
■\ic document5|
idence of wit-
Luridun, that 200*000
mutory r^'Si)lullon& were
by tiii> nujfiniju^ i*nii UaHijeroti^ iiH'ct-
ta^ aioid ctrciiJar letters, U will be proved,
ii|ped by H -^ '- '*if? atcrclary of that so
defy, urcrt !> be sent V> :il) i^iurls of
GreftI Br I pjiqtnsr t)i ij^^cmbUng,
tkitl ci' ^ '.■.■. II ]M.p.r.., !•'■. ii several
s'riiL lu i.iiiirrijnt places
ti^ ami I hat answers^ were sen I io-
) iftceedin^ to ihe proposal of choosing
^■te for tht^ convention « who was to be
pndy t*? *^t out, 51 •* soon Jts notice W4s given
t ' ' , of the lime and place of
r Leh were kept secret with
itur nn^ic^'iers, im liie moment drrivcd when
itiboukl b< Juii*;ed proper to commuiticate it.
Gctttienien, I shall prove to yuu^ llmt the
^ the bar W4S a member oi the
midier
r,.i
tift>e
t
and of Ways and
u this city at that
, Hi at a meeting of
vviitTc one uf tliobe letters
liiid before them. I shall
pfv»ii lii > wu wiuu p4ssed at that meetmg ; I
diail prove to you, tkiut ;iii answer w^is agreed
li»beg^vco. 1 &tmll prove to yon that that
WAft *eut by a person oi the name of
wbo ' iKi be found, but who is a
t>i' I iitttee; ami that a cor-
Icoct x^A> ij uke place, and continne
Mr. llinly and the person that was
«clU*« in lht*» committee, of which the
HM one cf the members ; tikewise,
lhi> tnt)e. in the month of Aprils
lii iysi and Means began to
_ measures, in proseciiiioo
^ihat traiiorouis nitempt, which had all along
dcsjjy been liair object; for^ having eiita-
' Uicoi«clvc*i in the manner I have jysl
Mv i4Jiied« about this period, Ihey went ihe
11^, in the hrst place, to
in this country, to
'obedience, and re-
i^ It was accessary
^.,LJo over to their side,
cm to sedition, which
.i would tend to that end;
while a reiiimenl of f-euci-
r il iit Dalkeith, and were
\ whither Ihey had vo-
.1, they were attempted
\ mAoctd iv rcm^ to go, and rebel against
ol6eiers hv » pii}»<T addreiised to the i
Mjsed in that Com- \
% and which was i
ler in that com '
lis prisoner at the
.. ,i person wiio in-
con veyrd it to certain
• cut, ukiiuii 'h, to the
I faded
lid it is
las mun
, d^ trea-
surer of that Committee of Wavs and Means, ^
and for the purpose which I tornierly staled J
to you, and as he had received that moneys j
he actually applied it lo the real and true|1
not to the pretended purposes for which it 1
was collected ; and I will prove to yon, whati
must have been the great cause for which {
this money was so soliciled, paid, and so re^ j
I ceived by Mr. Downic, and thut applied to i
!no other purpose, can leave no man's mind ^
to doubt it was as direct a conspiracy and re*
bellion again?*! the king and tiie governmenfc ]
of this country, as any whirh occurred in I
I 1715 or 1745 : tor I will prove at one of thesaui
meetings of the Committee of Ways ancij
Means, a person, bein^ one of the five who f
composed it, Mr. Downie being one of tliem,
did propose and read from a paper, a scheme,' \
which was actually a plan to raise an insur-
rection, in llie dcHiJ td the night, in the mid-
dle of this city, which bad for its object the
arresting the persons of your first magistrate^ i
the judges of the high court of justiciary, and
the principal oHicers of justice ; the seizure
of the Castle of Edinburgh, the banks, and;^
public ofBces ; a scheme, in short, of a regnlar J
conspiracy against the government of the r
country. Five were present ;—tlie proposer-
of the plan was one ; — of the other four, two,
struck with horror at the proposition, signified
their disapprobation; tlie remaining two,,
being the prisoner at the bar, and Mr. Stocky
who were present in that meeting, not acci-
dentally, or upon an indificrent occasion, but
clearly, with a deliberate and treasonable
purpose, not only did not dissent, as the other
two had done, but proved, by their conduct^
their couiplele approbation of it. .
I shall prove to you, that the prisoner af-^
terwards met, in that same committee, with
those same pcrsuns ii'i*J alter the breaking
up of the committee, at one ol" these meetings,
concurred in sending a person to the west of
Scotland, to sound the dispositions of the dit*
lerenl towns, to which he was sent, as an
ambassador, and to cqiimiuntcate to them the
plans and schenif , formed by this Committee
of Ways and Mean^; and tiiai man was fur-
nished with money for that purpose, by Mr.
Downie, the pri^oner t tliat ive returned a
faithful account of his misNion : and that,
when he reported to the committee the result
of his inr^uiriei>, the prison^^r Downie was pre-
sent. I shall prove that rejiort to be the
hand-writing of that per>^on, upon reading
which, you can form but one opinion, that
no person who, acting in tliat tominitlce,
heard that paper lead, can be doubted, the
moujent he heard it read, as agreeing to the
scheme which had formerly been p^i^|^o<ied,
as much as if he had proposed it. I shall
prove to you, that arms, of a very dangerous
and particular structure, were ordered by the
person wim madti tlie proposition which I
have just now stated: that he, and the pri-
soner at the bar, employed two smiths, whom
thvY iubtiucted to make the mi in a private
C
10] 34 GEORGE Ifl.
^anil concejiled way : that on© of ihem^ bring*
'ag lo Ihc other person some of the pikebi |
[fpears^ ant) battle •axes he hud made, waj»
on applying fur puyniciit, seut to Mr,
5ownie, and received the payment accord*
nsly. I shall prove thut this city, divided
IWforo into c)uh^ ami &QiimUt% w&s again »ub-
Idivided by this rommitlee, into smaller di-
IvisiDns, of 10^ 15|Or 90 pt^r^ons each, under j
[the command of the collectors, ^^'hom the '
leommittcc named, by wliose orders they ]
ctad, and who were in this way to draw out |
|tbc people, after they bad l>een properly 1
rmed, in a moment^ so as to act with unaiii- {
ai^, force, and vigour, in pursuance of the
as soon as it was ripe tu be carried
rtflcecution. If I succeed in proving all
bisy yoti mayjnd^e otherwise ; but itappe^irs
[to me, even if yon m ore lo diHer from me
rith respect to the first part ot the case sub-
Lsiitted to your tonsidumtion, regarding his
cc«<;8ion to the plan of caUm'; - *' -- coji-
f'veniion, thai was lo subvert lli cnt,
And endanger the person of mu „ v. . ._,ii ; —
yet, if I firove ihfl pre|>anntr the arms, and aH
tlic cLrci*m«itancc'» f have jii,^t now dHailed,
you cannot have a doubt, uyon the authorily
of Mr. Justice Foster, in neing of opinion,
fthat this [nan has consulted to levy war
l«nd rebellion againi^t the kingand govemnrient
Hf the country, lor the pf»rp<iWof malting his
najc«ly alter hiA measures^ oJ goveraoietit,
find the conistitution of the km^om.
I forgot to state one matcrMlctrcuniistance,
Fwhich J shiill albo hrinsj tjome to Mr. tkiw-
(uie, beyond the pos^iibility of dispyte, that
" the above-mentioned plan wa** carried
I excculion, Ih*^ committee were to i^sue
elaniation, orderini; all farmers, and the
pople pQ5«iC5sed of victuals, hav, corn, and
^HiPtil, to brine them in, for the purpci^eof
being disposed of to the public advantage.
Tltiit the country gentlemen were not to
leave their habitations under pain of death, or
go more than three miles diRtanl from home ;
and ibey were to send a proclamation to the
Iking, slating, that if he did not ^ive up the
I war we are now engaged in with France, and
l^ibmi^s his present ministers, he must cither
\xd by the consequences, or the peril of his
al would lie with himself. If 1 prove
case, I leave ii lo your cansidfration
rhat the result ol your opinions must be, and
Iwhal the verdict, which, under your oalha
lyo^t must gi. 1', lookin* to the saiety of your
[country on the one Imna, to llie just security
(of your fellow*5ul>jt!ctft on the other, ami
kecpinf* in view, as I know you will do, the
'p' ' * ' ' tlrs csscitliiil to Ihc equal
.i,.- — Uc pr* '. ' '- T^foducc all
ho papers at once, to ' i u<t»ise3 to
ve them, and ihco rcail ^t4hcr.
£viD£»Cli rOR TifJi CftOWf^,
If. WUHmrn Sci^t (ppicumior im*jd) aworn.
Mr* Amtfwiker, — What Are those paper.*,
^l*-*TUey an; part oJ the papers itiut
Trial of David Dtmnic
[SO
^OUflH
ihini""
were foimd in the possissbton uf Mr. Skirving.
Look at them, ami tell me whether any of
them arc Skirving'* hand^writing [Showing
him one.] Is that Mr. Skirving's hand-writr -
in^f— This letter has the subscription of Ma^H
Skirvinct. ^^^H
It is bis hand-writing? — ^Th- ' ption tf^^
his hand-writing ; I have sei i ik\
What arc lirese other p^fit* - . ia^ is a
scroll copy of the minutes of the British Con*
venlion,* found on the 5th of December, in
consequence of a search, by virtue of a war*
rant from the Sheriff. This was also found at
tile same time. They were all found In bkir-
ving's pos-iessioii.
All those papers?— AH tbo.*c papers.
The Priaontr said, he hoptxl the C
woiikl consider he hid been promised, noth
that passed upon examination us a witnei>S:
should be pivLH in < ' L^arnsl him.
Mr. C«//«n — In e of what you
b*ve jufel now heuivi nun. t.ic prisoner al Ihc
bar, I conceive it to be»roy duty lo call the at*
lenti^t of the (rourt to the circumstances h€
has suggested. I am nut perfectly sure if I
fully uliiit^rstand the indictment, fuV i I is in a
form I am little acquamlcd with. In so far
as I am able to come at its nuanin!|, « midst
th^ multiplicity of word** in which it is in-
volved, it seems to me lo criminate the priso-
ner for hjving been a member of th© li-itish
Conventwn which met at Kdinburgh, in De-
cember last ; and in being; busy to procure an-
other Convention which never did meet, but
which, it is said, would h»ve been actuated by
principles of a similar kind.
If, however, there be any crimi"^*lt^v' in-
tended to be fi^ed on Mr, Downir,
been a member, or concerned in
Convention, I submit lo your lord^hi|>9, th
it is not eompclcnt for the prosecutor lo bri
in evidence any facts in onler to attach gurf
to tlie prisoner on that account. In the pro*
secution last winlcf ngaiiiist Margarut, Oerrald,
ami others, for >>eiug concerned in that Con-
vention, the 1 ' ' ' ^ 1 1 IVIr.
Uownicasa^' - s^ivt'
a fair and tiill i^, i rri.t ,,.v, i . ^iiceive,
that by Ibc law r>f ihi» cotintry, no person,
adduced in Sll'^b ( Jrrtmt^liiH r s A*s A vvitni-ss,
can, after hav r v
heldliabfetol- , i ;
been concerned m that alleged cruiHmil »»rt\
The very brinj^in:^ him us a witnc^*;^ entitles
him to 1 d against any ; i^
on that . i^or vim any m -,
tending to 5hu\v i\\< r lUai yon*
vention, or of hish < mcd in it,
be ...\. - ' - -.^ ' : [
broi 1 1
for ' -^ i'iy
so *<i 1 to be
90clcj.ii, ....,..., - --,-,:..,., 1 hiiiiH
• See the :
tioti i^refiwzd l-
M
.H?^
fit High Treason,
that the eviUcDoc now ofitred can*
k, — When Dowiiie \vas ciamiii«d
tsvi thut ocrasion, he receive<J ihc
(he Cotirt, that
liung li c should mill-
\^i inn uik any niLurtr OCCastODp OO
ice whaUvcr.
JMru/Acr.— It the counsel for Downie
•id Uie MMjiclmenl with can?, Ihry
bftf€ seen, that he is nut iti liiat mdicl^
cbftfged with b^ing a cnerubcr of that
C«orimtk>ii, or any convention; I am nciU^tr
acctiiiog him of th«t, nor tr) uij^ liirn for it. J
jBifltf3aa$iog him of {.ndeavouring to procurCj
ealcmg into measures to procure ft conven-
jM^ W meet at a fuiure period^ and of excit-
iof tlie whjects of his majesty to &end dele-
gitaa to laacli conrexvlion, not a past convcn-
tlOBf bm m fiilure convenlion ; therefore there
ii ftoiiitilg in this indictment n-hich affert^i
Do^nte •! all, or attenijits to affccl him, on the
MQiv of the old conveiitron— I meati that
«&tcli met in December ; but I will be candid
to SAV, that I dg mean to give in
ic€ t!i^ iitlHof the British Convention;
tfj e for any thing he did in
h^ lion; the clmfge against
EAeeUiig in m Committee of Union, to
emy mi pUaa and projects for assembling an-
A. D- 1794.
[S
r Bfilich Convention, at a time posterior to
llie fibfcrsion of the Britinh Convention, and
Hking gw»ntff8 with others, with a view to
oil aotlJMr and ^^imilar convcntian, at a
fomA ibao t# come; but for that purpose,
viiea I chamt htm with having endeavoured
to cill ftoolaer briti&h Convention, and en-
J to further the views of the laU, I
tihow whni tlif Briliih Convention wa%
iill what t t that convention were,
■Miiacrii ^ I r Do wnie, but to explain
Ibi acta be ftybi^etfuejjtly did.
Mf. AitJtruther, — Thuse arc the mtmites
cf Ski? [I in tiic Convention ?— Yes.
MTli- — Ihal is a (ia(>er found upoii
lit, fiuxi^iT. 1 ht» paper was along with it
Mr. Taylor sworn,
¥<Mi Ihfe m London i — I do.
?n FIcct-blreet
lUrdy ? — I do.
I dry to the London Cor-
, r of it?— I was,
what It was } — It h an a^grt^gate
f, of 5 (»r (»,000 persons divided mto
30 in number; each divii^ion had
a 4db3e«tp; Ui<f*r^ w»ii a ]>ermane4it com-
ics; they
fu oin the
qucu' ': liivi-
^1^, .....
aflba-
aCCw
re-
porl of the first comraittee, did not sit any
longer ; llicrc wns lately a Committee of
Emergency. The Committee of Hevision of
the C<»nstitutiou brought forward a report of
the Constit\itJun, founded on two heads,—
Firiit, a declaration of rights, and secondly,
an organitatioQ of that SQciet>\ In the de-
claration of ri^litj, in one article or section —
I do not want to prove that, but only they
met for that purpose Were you ever present
Ht a mcvbOf; at the Globe tavern? — I was.
When waf it ?— The 20th January 1794,
Who was pre&cnt? — Martin*
Did they come to any resolutions ?— They
did to several,
Mr. Baroft, Norton, ^-^hstH was a gene$al
meeting?— Yes.
How many people might there bcf — It was
said about 1|0C)0.
Look at that paper ? — That is a copy of the
resolutions that were then p;i.ssed.
From whom did you receive that? — From a
person of the name of Moore.
Was Mr. Hardy present ?— He wa«.
State what he said. — I called on Mr. Hardy
by the direction of Mr. Thelwall, who
commented upon that general meeting; I
asked him for one of these papers called ad-
dresses; he said he had none him^telf, but if I
would apply to the secretary of the London
Corresponding Society, he would give me on».
1 wailed upon Mr. Hardy, and he was con-
versing with two persons, one I understood to
lie Moore» He said to Moore ** Have you any
of those papers in your pocket of the general
raeetinjg?" Moore answered, " I have not one
now, if he will go with roe to Princes-strcct,
I will give him one there." ^^^^y desired
him to look iinto his pockety which be did,
aud gave it roe.
Vou received it from Moore, in the pre-
sence of Hardy, as resolutions come to Ihat
night ? — Exactly so.
Look at that.^Thcse ara the resolutions of
a general meeting of the London Correspond-
ing Society^ of the 1 4th April^ at Chalk farm.
Arc they the same? — To the best of my
recollection they are the same ; there is a
little variation in the wording of a resolution.
Have you stated where you received that
p«per?— No, ijir, I have not. 1- received this
f taper in the id division, on the Monday fol-
owing, that is, on the 2 ad April,
Were you present at any meeting at Chalk
farm ? — I was.
Gn what day ?— Tlie Uth April.
What was the meotiDE Utr? — It was a
general meeting of the London Corresponding
SocuMy.
By what sort of summons were you called ?
— There was information prior to that, giveii
tit the several divisions, that a racetirig of
that kind would talvu place that day.
Were there any tickets delivered for the
meeting ? — There waa.
How matiy people might be thert?'-U wi
supposed between 2 and 3,000.
n
U GEORGE IlL
It
23]
Where is ChaJk farm ?— In the road from I
Lotidun to Hampslead.
Did ihey ever meet in Store street ?— It was
proposed to meet i» a private room in Store
street.
Why did they not? — It was said they re-
ceived ootitf froni a magistrate to the man of
the house, not tu permit the meeting; two
persons were fixed at the door of the house in
Store street, No. 8, witli small slips of paper,
with words printed upon it, " Chalk farm,
Hampstead road."
Did that paper come to the committee ? —
Several.
Where did you receive that paper? — In the
2d division, on Monday the 21st April,
from whom? — From Hardy; he brought
them into the division ; I i^onccived him to
hring them in his ofiicial capacity, as secre-
tary of the society ; he laid them upon the
table for the several members* use.
Was Hardy present at Chalk farm? — He
was present; I did not see him take any
active part, hut he was there.
Who put those resolutions ^ — The chairman.
Who was the chairman? — Lovett.
Were these resolutions come to? — They
'ere.
Is there any aiteralion in them? — ^To the
stofmy recollrction, in one there is; the
words that passed in the meeting, were, that
the present ad nitnist ration, in advising the
present proceedings, was giiilly of high trea-
son. In these, I believe it is rather put as a
ques6on, by saying, arc tliey not guilty of
high ireasolj by such advice ?
Are they tiie resolutions^ except that dif-
ference, in the paper you* received from
Hardy ?-j-They are.
Will vou be so good as look at the papers,
md tell me whose hand-writing they are?
^hose hand-writing is T. Hardy ?— Having
seen Mr. Hardy, as secretary, frequently
write, in tJie divisions, I firmly behevc that to
be his liand-writing ; also that^ and that
[holding different papers] ; and this I believe
to be Mr. Hardy's Btgnature ; the letter is in
another hand; the letter does not appear to
be his hand'wnting; this also is the signa-
ture, but not the body of the letter ; I also
believe ihat'is his signature, and the whole of
tliis I believe to be his hand-writing [speak-
ing of several papers produced.]
Cross^xamination.
Where do you live ?— No, 35» Fleet-street,
What is your occuoation ?—! have no trade.
How do 'you usually employ yourTjeif?— I
liave none btit fur m" ^ ' *
Howdoyouamu -mlly?— I
' have severAl ways, v..,., i . , ;.,..,...
Yon say you are a member of the Corres-
[ponding Society ?— I am ,
^ Are you u meiutjcr of any other societies ?
—No, sir, not of that sort.
Wh^ do you say not of thai sort !^Because
llicxc arc uthcjB*
Trial of David D&wnie
\u\
Do you mean to say, that yon were not a
member of the London Corresponding Society
for any other purpose but amusement?— I h&-
came a member of the London Corresponding \
Society for no other purpose but aunisement. '
I had no other view ; no view to give infor«
mat ion of what passed there
How long were you a member of the Lon- i
don Corresponding Society ? — I became a |
memijer of the London Corresponding Society]
the 'i 7 1 h of J anuary .
Do you trust to your memory for every thing i
that passed there ?— I do not, I look somie \
notes of matters that passed there ?
W hen did you take your notes? — Immedi*
ately on qmiting: it.
Did yoii take Ihem regularly f — I took theiui
regularly after I came home,
Have you your notes about you? — I have.
Be so good as to produce them.— Yes, sir/|
That is a large volume of notes ? — Yes.
Can you favour mc with reading a small'
pari of tiiein, only a few lines.
Mr. Auilruther, — You may have all read if
you plciise.
Omntel for the Defendant . — No, sir, I do
not want them all read.
14 i7n«f.^The first is at a meeting of th
London Corresponding Society, at the Globe
tavern, t Itet street, on Monday, January 20th,
1794. " Mr. Martin, by the upoellaiion
of Citizen Martin, wascalltd to the cnair; he
addressed the meeting in a Jiort speech, sig-
nifying the intention of railing them to-
gether, which was for the purpo*e of the so-
ciety at large adopting the several resolutions
that had l^ecn jirepared lor the occasion,
and which woula be read and submitted to
their consideration."
Stop there, you begin with a particular
phrase, Mr. Martin, by the appellation of
Citizen Martin, — why do you say by the name
of Citizen Martin? — If I am at a loss, ?ind
misunderstood the language, I am sorry for
it; but Mr. Martin was not so cidled, as he
usually is, Mr. Martin, tut i.]iiizen Martin.
Is that common there ? — It is, sir.
No person or member of that societv, I
suppose, would address another in that So-
ciety m that manner? — I beg pardon; that
was the mode of address of every n>embcT of
that society in common; and accidentally
meeting in the street, It ih common to addreA
them by that name.
Have you alwiiys used the appellation ofCi-
tizen such a one ?— I have not Lilwuys used it,
not consideriniE It necessary ; and as to the
nunuteSi I m^idc Ihcm Jbr my own observation
and amusement
Did y\m make uw? of those minutes fur your
own aifinv, i.i, nt^ T thA
And *• them for your
own ant ^ ' i niVM* It standing
in tlkat sitiuiion*. 1 Kin bektre i^ud and tbjn
high trihimnf, nnd would not ^ay an untruth
for any > ^ ^*tu
You aade them for your own
«1
S^y High Treason*
A. D. 1794-
[26
imyicsikcnl, ftnO for no other purpose, and
ynxh ni? ottitr view?— No other view.
' give no informalion
9^ i I uctions tcr attend Ihc
if aiiil pasi^cd through ej^fimma-
vxi asked whether 1 had made
i I had> ftod I was desired to send
L'S,
' Vi nc ;j v% n (1 before the ffivy
ammilf^A ' r 13th of May,
' TcU ^^' Li lame there?— I ac-
ddentii' i on the street, he said,
• liat« ^; .. ,,,.^... . g*J to ll»e Globe tavern
m rioet street f 1 have a ticket, if yoti will
^. T,fjKi nuv he amused/' I did go.
•dhtr, — When was that ? — On the
itri ^ ary I went, I made myobscr-
"'Hicard M\c res<*hjtions. Mr. Thel-
reK>hitiofi5; it struck roe very
IfSm hh manner. My friend said,
ItM^lter become a member; I did; I
tlhmaki ' ' i'i any member in
btimdWidual c; j o as a collective
Wy. 1 found thin imuh tplcs very different
^om irlal I was acquainted with ; I consi-
'y,»\ ii,..m and thought ihem persons that
jrium the constitution, I went
^fl for the Defendant. — Was
ling you thought so? — Not
lueiy — aX the £rst meeting I thought it
t the 90lh of January
\\Af<^ ^o cxUemely dif*
'♦ ' ! nued to attend ? —
I I uriosity.
4i II > tri; yun i \c infutmalion to
ivvmoietit? — I ily uuacmiaiiacd
wj/ih e^rry j*cn*u m. '^^-tinmcnl till aftcr-
*ther we rtty well known» you might have
iliilf ^access to thctii?— Having so little
IkMrvled^e of them, and being so IriMing an
aufcridim], I never atlempled it.
Did TOW e^rr n^^^rnt to ihc resolutions? — I
w»Tf abiciitt led hy the manner their
rew»l«iinrt*v J, in the affirmative or
•t- ot hands.
' ttame of the fiiend who in-
tnaijrii v(n\*—i>o you mean my particular
ibend? — ih€ie ts a ceremony of being intro-
(htcftt
Who introduced you to the Globe tavern ?
\ you to the society, — what
lull mduced him to introduce
ir. Jr^ifniflfr, What docs it signify what
TfTfr^The question I mean
Mid)' profess
' or others to
^ ly, or become a
c y observations to
him, in:rng : lie novelty of the
be fc /lit as wriii become a
V(wn tbe fier/plo who look you there en-
tirely unacquainted with your political senti-
ments ?^ — I went with my iriend that produced
the ticket and gave it me ; — ^he was en^^aged
himself, and asked if 1 would go to dmncr. —
I conceivetl I was only going to join a con-
vivial party.
Did the landlord or any body else pay any
thing in to carry on the society ? — Yes,*
Did you?— Yes: the expence was 13d, at
being made, and one pr^nny at cactrmeeting.
Mr. Anstnither.—Thh gentleman ha5 de-
sired you to state one part of what passed on
the 20lh of January, at the Globe tavern ;
be so good to state what passed then at that
meeting ? — ^* These resolutions were then
read by a young man who stood next the chair-
man, whose name I afterwards imderstood
was Ritbter, first one, then the other; then
singly, and the question was put upon each
bv the chairman, and most of them, by a
snow of hands, were carried unanimously/^
Counsel for Prisoner. — I have heard of
witnesses refreshing their memory, but never
heard them read their notes.
Lord Advocate. — Mr. Clerk ordered him to
do it — ^He is reading his journal verbatim by
way of evidence, just now.
Mr. Baron Norton, — His paoers cannot <
mistake, therefore I think he hau better read
them.
Counsel for Prisoner, — Were they made at
the time?— Yes; soon after they were,
" Mr. Thelwail on the conclusion rose, re-
peated those resolutions, and commented
upon them in very bold and strong language,
recommending their adoption, adding, that if
ministry attempted to land any foreign mer-
cenaries, or subsidized troops, then to repel
force by force."
** There were near t,000 persons assembled,
500 of which sta)cd, and partook of a dinner
provided on the occas^ion. Soon after the
cloth was drawn, Thelwail took the cliair,
gave several loa^ts, — first, the Rights of Man,
and sung many Republican songs ; most of
those 3on£js were afterwards printed, and s<dd
by him ijh the several divisions, and at his
lectures/*
*' Thelwail aud John Will jams were two of
the stewards on this occasion, — Gerrald was
also present, and, I believe a steward."
Mr. Anstruthcr, — 1 have no more questions
to ask this witness.
Mr, Clerk. — Y'ou say you were examined by
the privy council, how came you to be ex-
amined by them? — I was sent for, as many of
the members were.
Had you made any application to the mem«
hers of the privy councti ?— I had not.
It was not by your own means you were
sent for to the privy council ? — No.
Nor by any suggestiouof yours?— No, §tr,
What induced you to come down here?—!
heard you say you hvc in London, are you
upon a visit ?— No, sir, I came down here
from the privy council, with one of the kiag't»
messengers.
At your own expense F^ At preacEti.
an
m GEORGE III.
Trial qf David Doiwnie .
Lord AdvocMts.'^Yoa were there the t8di
of Mii,y?~Yes, I wai eumined before the
privy council.
Aim) Uardv was Uken up on the 19th )-~
Uu the 19th : Am I to receive those two
|iapera now f
Air. ilMTrN/A^r.^NOy tir, when the jury
have <looe with them.
Mr. ZaMjniH awom.
tS8
liook ftt that paper tiry-^iee if you know it ?
-- Yeiif air, I know it very we]l«-*it is a letter I
found in a hook case in Hardy's house.
Were you empkiyed to take him up? — Yes,
1 had a warrant iruni the secretary ut state.
You took him into custody, and searched
his houaie } — Yen* 1 dkl.
And you found that uaper?— Yes.
Look at that, you found that at the same
time? — Yes, sir.
l€td ^(iMcel^.— It is a letter signed Wil-
Itam Skirving, dated 3Mh May 1703,— he
fytuvX thoi»e paven in Hardy^i hou)»e, under a
warrant from the secretary of state, and took
that man in custody, and the primed letter
you will have read, signed Thomas Hardy.
Mr -<lii*rriuA«rr.— What are you?^C>ne of
the ki»);*s messengers.
By virtue of a warrant from the secretary of
state* vou took him up, and found these
papers? — Yea 1 did. i
AinMUHikr AUck^wn sworn — according to |
the Scot* form.
Mr. JailncrA«r.^Now recollect tliat you
are upon your oath, and you will recollect the
consequences of «»tandinf iu that situation. — '
Look at thuew papers*— m> not tell me what ■
they are; but whether they are your hand-
wriUugP^The greater piArt are my hand-
writing.
^how nie which part of it i» your hand-
writing P—lhe list, sir, is my hand* and all
thetie.
What t2» the list?— A libt of the members
uf tlie delegates of the British Convention.
Was Duvtd L>>wuie a member of the Con-
>eniiou' — It' he was* hi^ name will appear a^
a member.
W ere vou secretary to that Convention ? —
I was only acMi^tant to Mr. Skirvlug, who w-js
secretary.
It wa:» %uur bdsiuo^s to recvive the moiiuns
ibac w«re ^iveu in ^^ Ihul wa» *^rt of it.
U thai uame* ^ Uaviii Dowme," your hand- '
wntiug-'— [Nu dU»wer.l
Mr/ Cut let . - You sii j vou would produce
thtt proce«umg» ur the British Couveutiuo, tu
show the tuientioii oi th«iii, but «ouid not
!»(M>w any thiug in them lu >now Uavid Uuw-
nie was ^.^Mlcerlkcd with them '
Ljrd AduKntc. — Arler the am»wer the S^ii-
citor general gave, I irusi vuur luidsiups will
hardly doubt 1 am euutied tii pruve then
Mr. Clo-^— The answer nwde by Mr. Soli-
fcaswyoctal, upoo the nrriiiim ailiAd tn* b ;
ppBcable to the present oftyediaB. We
then insisted that you coukl not prove the
procetdingi of the late Convention. But we
norw make a very different objection, which is
this; let the proceedings of that ConvenUoa
be what they may, you cannot be allowed to
prove that the prisoner was a member of it, and
therefore, you are not entitled to produce the
minutes with that view, or to take notice
whether the prisoner's name appears in them
or not The prisoner is not charged in the
indictment, with having been a member of
the late convention, nor could such a cham
have been received by the Court ; because the
prisoner was examined as a witness for the
crown, with regard to the proceedings of the
Convention. But evidence, applying to a
cham which is not made, and which coukl
not be received if it were made, is totally in-
admissible. Neither is this evidence at ail
necessary to the prosecutor's case. The pri-
soner is only charged with a conspiracy to
form a new convention, alleged to be similar
iu its nature to the late Convention, and it b
said, that the late Convention was of a crimi-
nal nature. All that is neccssarv, therefore,
to be proved, with regard to the Lte Conven-
tion, is, that it was ol a criminal nature ; and
it is of no consequence tu the prosecutor's
case, whether the prisoner was a member v>f
it or not
Mr. AmtirMtker, — I charge him with con-
tinuing to promote the views of the British
convention, and being aiding and assisting
towards calling another and similar conven-
tion ; in order to prove what auother and simi-
lar convention was, 1 must prove what this
was, and that Downie knew what it was.
Mr. Ca^/en.— Mr. An*truther's answer to
me was^ I do not care whether iX>wnie was a
member of the British Convention or not ; all
1 mean to show is> a convention then met, and
had certain objects iu their view, and came to
certftin resolutions; — that is what Mr. An-
struther had alone in his mind : now. he goes
to show David Duwnie was a oiettiber of that
Convention, which I aoprehend has notbimr
to do with the case; and any tiling ci.oceniiug
David Duwuie with the Convention, or in
that Convention, is nut now to be ^ue into
consistently with the as^u^ances he' received
on the turuier trials, that he was not to be
brought into questiun for iL
Mr. JnjtfmfiMfr.— I thought the objection
made, and [ answered iL
Mr CUrk. — It seems to be acknuwiedged,
on ail hands, that they went upon uuwarniut-
abie proceedings; they were cnap^ed witn
sedituin.
Mr. .Jfulm/Acr.—ReiiHjve the witness.
Mr. L'Urk. — We have loniicnv ueard it
suted, from the highest auuiunt^ un the
bench, that to siy a luau iiau :)tvii a member
uf that convention, wai» to atcuse rum of tile
criuM oi 9«ditiou. But accvniiu:^ lu tiM doc-
tnnea laid down since this court ~waa opened,
the onniiuctot'tiiMt convention aaMmutodtna
GiinM somewhat higher tliao sediliBB; in
J^r High Treasan*
Mc. Ami the lord ad*
aid, that the London
, wilU wtiich the late
cted^ bad tre^bao cable
h the plain ini'er-
iilioHf before iU
^iMHji, t>i high treason. It
I CbUuw, that by pri^vtn^ the prisoner to
ihfrt^ ^ rr^. ...i.f , .,f iiiLi ' oQvention, a
be proved
> I. ... , -ed, that he
ftiamasoqf U> t lit. This is
ilt4R| fkiiti ivn ;iDd directly
•t M«r^ ju he IWU6 exuiuuied as a witness
I ctovm, tvilh rf*urd to the proceedings
B cotline4i I lC would create an iiu*
minds of the jury, and
ijufi^i vvliich they are to
Ltv I r is indicted for
un, and inc jarv ire to determine by
let, whelhor he Uma been guitty of
I ID U ar
•r^dllMillier u,' nor lated ni the
adictaKllL Thi§i%i^' i i and perplex
Ibt JBfY witii distinction! between treasons
thM^Hl but not |>rovad, and treasons proved
tut BOl ekajgnJ.
Mx. .ijHl^itAer, — He is not Indicted for
bnf » membcf of the British Convention, or
iff Mf tUilg be did there.
Xj*^ '^ ' ' ,so the question
W9g y. ** Do you know
ibaifli^ pii»u4irLr ii«u at:ct'>» to bc acquainted
villi lliopf<M«adiiig»of thai fust Convetmou ?'^
Qaf« fmt tnj objeOion Uj that ?
Mr. Cmiien and Mr, C?/<fril;.— No.
Lard Ad^9<rate.—l have no ot^Jection to its
^ pBi ia Ihjit way— call in the witness^
IW Fte^idcnt, — Mr. Aitche^n, take no*
I d^noi mean lo a&k wJiether Mr. Dow-
417 ficil a member of that Convention,
I pol tills ouf^tiim to you, — ila you know
Wr. bownie hud acce*s to know
wMvareth '>fthe first Convene
tinof— Bad tss to know the
laimBof liv ' itCuMvention
V9^ ! he had ac-
lo Mtevi *x ii'.m in^>^-|..ip€rs ; and a
A. D, 179i.
[30
CI iir^> .^-[uipers ;
MnlNsr af people were visitor?; he might
Ham «Deei9; but whether he had or not
I of It, I cuunottell; he certainly
1^ ai.'J th< tnihhc had access.
OojfDu \- » id atcc^ yoyrself? — I
hgrr %cen )
your own hand writing?— >
\1 ii£tc ii. ! ?— I wrote tUat I
IkiakifiUk: 'nion*
Wbit ts UK LlJte ul ilf--i tliiiik it has no
I>» yon kiHMr €kors« Ko«^'s hjvnd-writing ?
— Vea, I b9«i: a giii^ ^t it.
Uf. CWii^,— .Therr ■- ' — T submit
t>|vtfr loiilA|iip«» bei tt to be
d^ J4w, aut ofilj of ^^ ,L,,„ ,, I ,j; uf every
other country whatever, that no witness can
be asked a question, the answer to which may
criminate himself; if be is called upon to
give evidence with respect to the proceedings
uf the British Convention, the answer may
cri annate bimselfy and therefore I submit that
the witness ought to be put upon his guard^
and ou^ht to bc told tJiat he is not obliged to
answer any cj^ueslion that he thinks may have
that effect.
Mr. CUrk. — There is a very great diOcr-
ence between the law of England, and the law
of Scotland, upon this subject. In the Scots
criminal courts, when a socua criminii ia ad-
duced as a witness for tl)e crown^ he is told
by tlje judge, that his evidence will not mili-
tate a^inst himsell^ and eveni that by giving
his evidence, he is secured from any future
prosecution, upon the facts to which it re-
lates.* He is therefore liound by bis oath to
tell the truth, and the whole truth, without
any exception of such truths as may involve
himself in the guilt of the prisoner. It is /port
judicU to give him lliis iuformalion, ami
every lawyer who hears me, knows it is the
universal practice. But, my lords, this is an
English court, and tlie law of Eng/a/ui is verj
dl&rent. A witness by giving evidence fof
the crown, does not discharge himself of the
crime. He may afterwards be prosecuted fot
the same crime, and there are even cases, in
which the very deposition of the prisoner,
when formerly examined as a witness, has
been used as evidence in order to convict him-
self. This heme the rule of English law, a
witness is not bound to speak the whole
truth. He is entitled Co m^ke a reservation
of such truths as wotdd involve him in guilt;
and if any question is put, the answer to which
would criminate him, he may refuse lo an'iwef
that tjuestion. My lords, I know it will b«
said, on the part of the prosecutor (1 heard it
urged the otlier day on Watt- s trial, but it did
not satisfy roe), that the witness himself is the
best judge of what may involve him in guilt r
and it is said, that if a witness mi^ht be I
brought lo trial, upon the same facts with re-
gard lo which he had given cvklence, there v
would be an end lo evidence by a tociui rrimi* I
nit. With regard to these objections, the wit- j
nesa is no doubt the ultimate judge, how far I
he is in safety to answer the questions that J
are put to him, But every witness is not & t
lawyer; he may be mistaken in his op'mionji
and therefore he ought to be put on his guara \
by the Court, Accordingly, my inforraationJ
is, that in England, it is held to be the duty J
of the judge, to put the witness on his guara^i
whenever a question is asked, the answer t<ll
which may criminate him ; and after he is sal
put on his guard, he answers the question of i
not, as he pleases- As to tocii criminis^ I be* J
lievc very litllo could be liad in England fronii
• As to the evidence of n $ocm criminitf i
the notes Vol 10, p. TBI ; Voh II, p* lOdS, i
Vol 13, p. 10^, of this Collection,
31]
34 GEORGE HI.
iheir evidence if they did not previously re-
ceive such assurances as they could rely upon
that they should not be prosecuted. They
arc entitJed to warning as well as others, with
regard to what part o^ their evidence may mi-
litate against them; but they may hnd it
more prudent to give their evidence, than to
run a much greater nsk from not ^ivuig I heir
*iSvidcnce. — ^Bul besides the duty of the Court
in this respect, I am informed that, in prac-
tice, the pnaoner's counsel are allowed to sug-
§e&t to toe Court, what questions may en-
auger the witness. The prisoner has plainly
an interest, tliat the witness should not he en-
trapped by such questions. — And therefore^ I
do humbly presume, that the witness will be
put ou his guard by your lordships, ag;ainst
such questions as may involve himself in
fuilt, especially where the guilt is alleged to
e no less than high treason.
Lord Advocate, — I shall not trouble your
lordships with many observations ; but one
thing dropped from Mr. Clerk, which wa^,
that he had an interest in the witness not an-
swering; upon which I must make one re*
inark. Whatever may be the interest of the
prisoner, or of the prosecutor, it is for the in-
terest of the country, that the truth should
prevail. — It may be the privilege of the wit-
ness, if he chooses, not to answer any ques-
tion; but the counsel has not the privilege of
telling the witness, that he shall not answer
tlic Court upon oath, if he pleases.
Mr* Cullen. — When I understand the rule^
1 ^hall comply with it; what I am going to
notice, i^ a case the gentlemen will not pro-
bably have forgot, a very recent one. It was
that of Mr. Purefoy for killing colonel Roper,
tried before Mr. Baron Hot ham, A queslioo
was put to a general ofUcer, to which the
counsel for the prisoner objected a^ the an-
swer might involve him in criminahty him-
self; upon long arguments the judge deter-
mined it would, and it was put in another
slmpe.
Mr, Anstruiher.^l believe Mr.Cullcn's au-
thority for this is no other than a news-paper :
it must be otherwise : it cannot be doubled
that the witness m;iy answer if he pleiscs.
Lord Ctncf Huron, — ^ There is no principle
more settled in the course of adminiMration
of jiustice, than I hat no witness is bound to
crimiujile himself in giving evidence. Jutke*
ohvn i^ivG notice of this to the witness; Sul
t lie doing it or not, is a mailer of discretion,
which ought to rest with the judge, according
to llie iiiluation in which the witness happens
to ivc placed; the parties have no tide to
interfere,
Mr. Baron Norton, — The principles of com-
mon reason and law, will not oblir;e a witness
to give answers to criminate hunself ; but
there is nothing to prevent his doing it; nor
h it for the pn-suner's counsel to make that
olyeclion: the lord advocate has not said,
tlml be is aftcrwanio to try this witness, nor
could he with propriety be brought to trial ;
t
Trial ofDavki Downie \^
he is therefore at full libtrty lu speik i»it the
truth.
Mr. Antlruther, — It is clear, the wii
could not criminate himself in answering
question, he is only asked if that paper
Uoss's hand-writing.
Lard President, ^In civil courts, it
times happens that witnesses are addtieisd to
give evidence, up*in facts of a criminal nutitrr
between parties who have no autls
power to discharge the prosecution 1'
court of criminal jurisdiction, if any such s^vail
arise out of the tacts thus meant to be given
in evidence. In such a case, and where the
question put tends to draw an answer which
ma^* criminate the witness himself, I undcr^
stand It to be the duty of the judge, to give no-
tice to the witness, that he is at liberty to de-
cline making an answer to the question, on
account of the effect which it may have against
himself; not tliat the answer, if made, could
be used as evidence elsewhere, but that it
might lay a foundation for his being prose-
cuted, by giving information of his own guilt.
But, with re.specl to the proceetlmgs in
courts of criminal jurisdiction, with which I
had occasion to be well acquainted, as public
proseculor, for several years, I know that it is
common, and oileu necessary, to admit accom-
plices in the crime, as witnesses against the
prisoner, otherwise crimes would too often go
unpunished. But I always understood it to
be a settled rule, that his majesty's advocate
prosecuting for the King, could not, after mak-
mg such iise of an accomplice, or socius crimi-
ri^s, bring the witness himself to trial for the
same crime. Neither would it make any dif-
ference, as very ingeniously suggested from
the bar, that the person of I he advocate was
changed by death, or otherwise ; for in every
such business, his majesty's advocate acts oih-
cially, and there can he no doubt that the sue*
cessor in office, would be bound by what his
predecessor did. This rule stands upon the
principles of plain g«>od sense, justice, and
utility ; and has been sanclioned by immemo-
rial practice with us. I do not profess to have
llvE^ same knowledge of the law or practice of
England ; but 1 desire to be iniurmcd by those
who do know it, how the matter is understood
there, and in trials such a-* the present: or, at
leui^t, I desire to know explicitly from his ma-
jesty's advocule, whether this witness Mr.
.'\ilcheson, orany other witness who may be
adduced by him in this trial, d»>cs, or does
not remain exposed to be tried by him for the
.■jarne crime. If I receive an answer in the
aflirmalivc, I shall think it my duty to in-
form the witness, when a question is put to
him, lending to criminate himself, that he is
at liberty to decline aiiBwering il. Bui if I am
assured that the wiine^js runs utiri^k of being
prosecuted himself, iieing virtually or expressly
liberated from the charge, so Jar as he himself
may be concerned, in consequence of his be-
ing called as a witness, and spcakini; out the
truth la this trial, it will be luy duly to IcU
1
SSI
)»,tliatlji
■ I
Jor High Treason*
to 5peak out Ihe whole
I saietv so to do.
/ '.CSS, Ail-
:; within
u uiiv uc tried in
uf this county; as
■ ' T explicitly dc-
uiy intetiliiin
11 1& iriufj'ur
charged
, . iicssiihiy
iict%d90rjf to ily j*rvviou$ to this
roil. — I served a good many
jf in this counlr>% aatJ I af-
1, when I brought u »ucius cri-
-■\ that my hands were tied
t-ciition of him for any thing
Dut if he \voul<l not speak
U a I h ber ty to prosecute
tlid not speiik oiU ; a
^,.1 to the uar, and not
Bg^ slumid that protect him from trial
' offt-r.rp- when he is only protected tor
ikupon that trial?
— i am of the same opinion ;
if be ttinf€:% to speak, he ia not a witness;
Iscuaj he put back to his former situation.
bmi Adv0C4xte,^\\ i)at the honourablejud ge
lift Mailed ts perfectly right, and the law.
Mr. A*^iinUktr. — I helieve that is correctly
fWpnctice in En Poland; I know of no instance
whmr a jwh ' 'J a person who has corac
Isvird tolii: 1 given evidence : there
IttPe been cajsc^ oi uns sort, where a person
«bi b called a%a witness, refused to answer,
A. D. 1704.
[SI
iti'jv
liAlcirau
I MIX'
'L ...
tooc^taoi
ait fairtv :
tbcoktj
lutd
&ivt)arfi
Wont
Iv Ir
]nrkr
Kl'
K
D
cs
it-
h
11
VOL
V
'^^ *nl where a witness has
vc there is no instance
d ; although certainly it
[>ardoo, if such persons
e the whole truth, al-
ot entitled of right to a par-
IV, to 5top the prosecution
t were a capital oftbnce,
)(:h wuuJd hail, in order
" / to the Crown.
it fit to say a few
being tlic senior
ourl of justiciary,
ric years, and had
icc 1 came to the
" i^v of Scotland
Lied, both by
r baron* In
111 every country
ivition and govern-
iti are admissible wilnes.
us ; and, indeed, in many
I be done» nor the grentV
K withottt the aid of
V few ruses
i comphcuted
■ "cncon-
imiued;
hy the
tor the
,,. ^*..^ ^^^ .vcn €Xii- ,
mined as a witness upon tliat crime, to whic
he had been av cLs^sory, and who had not re-
fused to give evidence, but had given evidence.
I had conceived a notion in my own mind,
that, if such an attempt should be made, the
judges, who are to determine upon the law of
the land as it strikes lhen», would not suffer
a person so circumstanced, to he subjected to
a trial, and consequently, that it is not optional
in the public prosecutor to brino; him to trial
or not, for that the court would interfere, and
prevent such trial proceeding, although that
case has not ^el occurred. Here the public
prosecutor has thought fit to bring by subpana
to give evidence, a person, who, in the Ian*
guage of England Js an associate in the crime;
and if tliat person should say nothing after
he is sworn, it would not prevent him from
being tried j but his giving evidence is the
thing Uiat must secure him. I did not, how-
ever, conceive that the question now iiut to
Mr. Aiteheson, could have led to the aiscu^
siOB of this point, because he formerly gave
evidence m a case that was tried upon a charge
for sedition, respecting what is called the Bri-
tish Convention, in consequence of having
been then told, that his givmg evidence was
to secure him from being tried for any crime>
whether under the name of treason or sedition
arising out of his having been a member of
the British Convention, I therefore think
there is no place for the objection in his case ;
and, with respect to any other witnesses who
may have been accomplices, I am ofthesami^
opinion with your lordships ; it is not compe-
tent for the prisoner's counsel lo object, al-
though the witness himself may decline to
answer to questions, tending to criminate hnn-
self ; but ifne chooses to answer, and gives evi- ^
dcnce, I conceive he will be secure against anj
future prosecution.
I^rd 5tt^»W(//i.^If an accomplice could no
be protluccd as a witness, it would be impossi*
ble to discover crimes. When such a per
son is brought to be examined as a wit^J
ness, it is not the right of the prisoner td
object to his admissiblhty upon that ground ^'l
it is the ri^ht only of the witness himself toj
object ; aQ<l if he docs object, then the duty of
the court is, to tell him he is not hound ta J
answer any thing that may criminate hi mself|l
and if he IS silent as a witness, he certainly^
subjects himself to be brought, though not itt j
the character of a witnens, yet in the charao* |
ter of a prisoner, to the bar. If, without obW
jeclinL', lie ^hall give his evidence, it is thel
tixed practice of every court of law of which El
have harl occasion to hear or read, that he can*]
not be brought to trial upon account of anj J
thing he sjiys ; it is a protection to him that ]
he cannot be brought to inal upon that ac- ,
count; but I see no business the court crany i
Lot fy else hii5, to s«piLC tlo a witness that heij
not to answer anything; it is giving him a hini j
not to do his duly to liis country, and to tell 1
the truth, — ^o 1 concur ia the o^\ti\OTVgLve\\\s|j
fhe whoieCuurh ^
D
54 GEORGE III.
"Lartl Duminnan.^1 concur with the lottl
J>residcnl and Ihc icsl of the Cairrt* that the
Fjwisoner anJ the counsel have no richt lo
suggest to the wilnesfi that he is not bound
" > answer.
Lord AbtrcromhU concurred in ihe same
pinion.
Mr. Cltrk.—'^^y lords, 1 see the question I
_aean to pn lo Mr Aitchcson will come more
properly aflcrwardi?.
Mr Anitfuthcr (to Mr, Ailcheson).— Do
{[you know George Eoss? — Yes.
Was he yovir assistant?— He assisted Mr,
Skirvin^ ;*long with me,
' See it yow know his hand-writing?— I think
^hat is his hitnd- writing.
Lord Advocaic, — The jury will attend; iVe
Kave proved some papers which I mentioned,
lud the clerk ra^y now read ihem.
Mr, Anstruther (to Aitcheson). — The mo-
Sons thai were made in that convention
fwere handed over to yuii, were they not? —
Generally while I wa^ there.
Tell us whether thai i'i one ?— It is.
[Ijetters produced and read.*]
CUrk ofArraigTta. — This is a letter signed
liomas Hardy, secretary » No* 9, Piccadilly,
" • In case?,*' says Mr. Burnett (ch. 18. p,
|4Pid) ** of conspiiacic% or illegal combinations,
It is often necessary to prove the general con-
ipiracy, and il^ namrc and t>bject, by produc-
ing the minutes or resolutions of the associa-
[tioh ; and Hm is admissible evidence against
I the party accused of being one of that con-
I ^piracy, though his name do not appear on
llliese minutes or resolutions. Nay, in such
l^ases^ evidence of the proceedings and resolu-
raons of other associations connected with
I them, and implicated in the same pursuit, and
Bven of the correspondence, wri tines, and
ii r individuals connected witli those
t iations, are admitted to fehow what
V I . r uir general views and objects of the eon*
|6inrucy m which the pristavcr has been en-
Siged, the etlect of these circumstances upun
ic case of the prisoner bein'4 left lo the jury.
I 111 the inal ot Downie and Watt, for lugh
jtrea^on> at Edinburgh, in September. t?9t,
[the minutes and proceeding!^ of tlie British
1 Convention, and the papers found in the pov.-
l*c%&ion of iJkirving and Margarot, mcmbcra
[pf that association, were ^iven in evidence
'•^inst the prisonerSj whiU. in th^ various
' r . ■ ■ ' r ■ ,wl, in
t , the
,< uof
n at
Trial of David Downte
[36
£itikk isiiin lUt (»ri^uei, «nJ add^cafKDil io
j and h dated London, I7lh M^iy, 179S, and di-
rected to Mr. VVilltam Skirving, secretary of
the society of the Friends of the People,
Edinburgh.
** Sir; — ^The London Cone«»jionding Society
eagerly seiwithe opportunity of iMr Urfjtilmrt
going back lo Eduiburgh, to rcqutist ot ynur
society a renewal of corresjxmdence, and a
more intimate cooperation in that which both
societies alike seeJc, viz. a reform in the par-
i hatnentary representation. We arc very sen-
I sible that no st»ciety can, by itself, bring about
titat desirable end; Ictus therefore unite as
', much as possible, not only with each other,
but with tvt^ry other society thn^tghout the
I nation; our uctition^ you will have learned,
' have been all v( them unsuccesshil ; our at-
i tentiun must now therefore be turned lo somO
I more eftcctuul means ; from your suciely we
I would willingly learn them, and you, on vour
: part, may depend upon our adopting the firm-
est measures, provided they are constitu-
tional, and we hope the country will not be
behitnl hand with us,
** This war has already opened the eyes of
many; and, should it contiime mttch longer,
I there is no answering for its effects on the
minds of the people,
third parties, and not found in the prisoner's
possession, or letters a(klrcsscd to the prisoner
himself, though found in his custofly, are not
\ admissible against him. But in cases of
j combination, general concert, or conspiracy,
such letters are admissible evidence lo the
eft'ect of establishing the general concert or
I conspiracy, if written by membtrs of, or cOA-
nectcd with it, to other members, wlieiher the
prisoner or third pHrties ; and whether found in
the possession ol the pri-w^ner or of third per-
sons ; and, in certain causes, even thotigh these
letters have not reached the persons to whom
they weie luldrc^sed, if Ihey have gone out of
lire possession of the person who wrote them.
In Skirviug'scase, January, 17*>4. a letter ad-
dressed to him from l*almcr(who had been
previously convicted of sedition), and found in
nis possession, was received iu eviilence; and,
in the trial of Hountf^ ;iiid Wait, h»r high lnea»
son (at Ediii ,ilenvbcr, I7<>4), letters
from Hardy,' u, lo Margarot, Skirving,
and others, and from thtin Xu Ilurdy, were
wittiout objection, produced in evidence. In
the same way, in Hardy's trial, in Knetand,
November, 1704, a letter frtjni f% memher of
tin - which H.ir ^ I'd, ad-
dr- ut, then ^h, but
wtsun I been intcjMjmfj, was re-
ceived I of the genentl conspiracy*
*'l.C': ■ r "-■" ' - *'-" prU
soner, ^ nd
K. ...M. ,;,^h
IIS-
by
■ . ^^ -Jc-
hvtrcd or published*-'
Jhr High Tteamu
*^ Dursocietj bw met with nu lu-
IMI^ fii£ircftheic&s we i^n on h in
mm^iCiit und pulitical knowledge, Wusinoir
j9tf and y<Hii tnuive all success, I rctnuin,
cord»l(y, »iri your friend aud ttJlow
*' Tuoif AS HAanr, Secretary/*
^' To fie Setrciary of the wocid}^ of the
frkndM pf the Feopic^ EdinbvrghS*
tkrk afJrrai^nt, — This letter is HircctetJ
•if. iiardy; it h dated Edinburgh, «5lh
^Ali Sir; Mr. L'rquhail did me
I piri > il on Thursday afternoon, and
*«rj tter of the 17th curretit ; 1
Bi4 * with t h e CO Dten Is of i t, and
I la; riieeting of our so-
er does not take
hU I would iiave
of your favour by
u much employed
io another lodgings
f If cilhcr you
If liti^
fu!
l^pf-
icctttftl
nd, or we in Scot-
, arately the reform
is^ 10 obtain, we should
- J ic aur weakness, and
uorance of the corruiHion
utir lOiportant undertaking.
ly the cxlirpalion of one i>el
11 from the management of
^♦ii. , i]r,i']-l:"i iiii'jht be given to
^t,>w'iiiout ai, LI UiiL lilt: vitals of the
adveidC to rctunn. Thcsie might
ly *ce**aipli>thrd ; hut to cut vio deep
i'lchces, to ^ive eJTeclual
of truth, m Ikvour of
' ' ^ ''\ in op-
I liabit!^,
. . ,»*,.^ ,.-,. --.i„c Uic final
KT of darkness, is the work
! iK.t i,[ a niiil; a work tO
i period, were
tdl now liis-
ISC, not merely, or only I
use of the common danger
eiJ, hut from the en-
I livcrsal benevolence.
service that I can do to
; rot note the union you
■ I am happy to a.ssure
I to discovered no sen-
trt^^i ttjon, adverse to Ihc most
iU)d broiherly union with iho aasocxa-
r,,.J I
minds of all must, in the
hj* now turned lo more ef-
'irui. Not one person
rirre^vilv of it; tv llu:
^f1**;\i%'^^>f^ * 1 tmh only ulraid that
i>, was SO con*
b resit, You
ij icariit ytu ^^, from m
•I
own that wc ought lo be forward m this*
we have at once in great v^i^gm perfected
our plan of or^am^ation, and if we were
m live same mdept^odent state of mind
as the people of Kugland, we hhould bi
able to take the lead. The associulioiis wit]
you are no mort* [ fear,— excuse tny freedom^
— tlian an aristocracv for the guod oi ih<i
people, Tlicy are indeed moderate, iirm, and
virtuou5, and belt*.'r cannot be; but wr arc
the people themselves, and we arc the first la
show*, that the people can both Jud^e and re
solve, if undirected by faction, with oetJi w*ij
dom and moderation,
*' I have not a higfier wish in the pn sent"
exertions for reform, than to see ''
universaily and re^larly associate < 1
I am persuaded, Uiat the pre^eiu di^^a^lrous
engagements will ibsue in ruin, and the
people then must provide for themselves ; and
It would be unhappy, when wc shoulfl l>e
ready to act wiih unanimity, to be occupied
about organization ; without which, however,
anarchy must ensue : we will not need but to
be prepared for the event, to * stand and *;ee
' the salvation of the Lord.* Let us therefore
take tiie hint given us by our opposers : let
us begin in earnest, to make up our rnind^ ^
relative to the extent of Reform which WM
ought to seek; be prepared to justify it*
and to controvert objections ; let us tnodel
the whole in the public mind, let us provide
every stake and stay of the tabernacle,
which we would erect; so that, when the
tabernacles of oppression, in the palaces c "
antbition, are broken down, under the mad
ness and folly of Ihcir biipportcrs, we niayj
then, without anarchy and all dangerous i
delay, erect at once our taberoiKue oCJ
xiglitcousncss, and may ^hc Lord himself I
in it !
" How hurtful to the feelings of a reflection.
mind, to look back to the wi etched ^tate ml
which the Roman monarchy, enfeebled anili
broken by its own coTru|3tions, left Uie nation*]
which it had isubjected, like sheep without f I
shepherd. They soon became a prey to everyl
invader, because tiicre was none to gather off
unite them ; had ttiey, foreseeing the evil, a*i J
socialed for mutual defence, no robber wouldj
have been able to enslave them ; they woulcl^l
have given laws to all parties, sis well as torn
themselves ; all separate colonics and nationtl
woukl have sought their alliance; but nof
having virtue lo associate and heal the divfc.
aions, and root out the selfish spirit whiclij
ambition-fostering governments procure tiil
their subjects, they fell under opnression9||
from under whose iron sccplcc they ha^'^J
never yet been able to deliver themselves* 1
" We may suppose an event which we de« |
precate, nay should we not be prepared fof 1
ever)' oossible issue of the present uoprecof j
dent'etf divisions of mankind, we have a right]
9 nsive of the ahihties of our m«»J
J so afraid lo dt^it^n ixom \
cmtiit^ tiiat, ukc men uJ delaA» vV^c^ mvy^
43J
34 GEORGE 111.
Trial ofDnvid l^imnU
[41
Tb«il it goes on ia the same hand-wnUng,—
*^ Citiseu Gerraldt in an energetic, tind aui*
mated addrc69» tjxprtfssed his happiness at the
motion passed, and exposed im at I of the
Irish parliiini ' Ida convention dill,
** And CI I 'n followed him in a
ni": ' ' >ved the influence of the
ex over ihe parliatnenl.
V i...v.i .^..._.L read and proposed the
following I notion ; viz. that a secret com-
mittee of three and the secretary, be ap-
pointed» to determine the place wnere such
Convention of Emergency shall meet : thai
audi place shall remain a secret with them,
and witli the secretary of this convention ;
and that each delegate shall, at the break-
ing up of Hyt present ae&skon, be intrusted
wiiki a sealed irtler, containing llie Dctme
of the place of meeting. ThU letter shall be
delivered unopened, lo his coa^Ui€i3is, the
receipt of which bhall be acknowkcigad by a
letter to the secretary^ iireserved in the same
stat£, until the period m%\\ arrive, at which it
shill be deemed necessary for the dclegiite to
set oft. This motion was seconded b^v citizen
Moffat, and the same was passed unanimously.
'* The following citizens were nominated
with tlie secretary, a secret committee on tbis
business; viz. Margaiot, Jo. Clerk, and
Browne, and they were requested to devjse
the best possible means of conveying this in-
timation to those societies whose views were
the same with ours, but may not have dele-
gates at this convention/*
Ckrk of Arraigns. — This is a ipaper indors-
ed, Mr. S*mclair*s Amendment ot iMr. Callen-
dcr's Motion.
** That the convention, considerinjg tliecalor
nwtousconsequences ofan^act of the fegislature
which may tend to deprive the whole, or any
part of the people of their undoubted right to
meet, cither by themselves, or by delegation,
to discuss any matter relative to their common
interest, whether of a public or private nature,
and holding the .same to be totally iocop sis-
lent with the first principles and safely of so-
ciety, and also subversive of our known and
acknowledged constitutional liberties, do
hereby dechure, before God and the worhl,
that we shall follow the wholesome example
of former times, by paying no regard to any
act, which shall militate against the constitu-
tion of our country, and shall continue to as-
semble, and consider of the best means by
which we can accomplish a real representa-
tion of the people, and annual election until
compelled lo desist by superior force.
** And we further resolve, that the first no-
tice given for the introduction of a Conven-
tion oill, or any bill of a similar tendency to
that passed in Ireland since the last sc'jsion of
their parliament ; the suspension of the Ha-
beas Corpus act, or the act for preventing
wrongous imprisonment in North Britain, and
a^nst undue delays in trial, which will ren- |
der all the laws for the protection of our lives
and our liberties nugatory, and as some have
avowed their intention of im
iion for the repeal of one of i
of an invasion, or the admis^MJa oi ;uiy iw-
reign troops whatsoever into Great Hritain,
or Ireland, — all, or any of these, shall be a
signal lo the several delegates, to repair lo
&uch place as the conveuLion siM appoint;
and seven members shall have power to de-
clare the convention pernjanent.
" Keiolved, that lue dctcgatea to any con*
vention meeting under any of th* sr ralacni-
tuus circumfe lances, shall i ly re-
pair to the place of sitting, an*! iltinue
until the number be twenty •one, and Lben
proceed to business.
"The convention doth therefore rt
that each delegate, immedialely on his n j* i
home, do cunveoe his constituent, and c«*
plain to lliem the necessity ol' electing a dele*
gule, or *h ' I II id ot estabhshing a ftmd
without »! ^t any of thefee eutergen-
cics for lu!) Ml iia^r expenses, Hud that they
do instruct the s^iid delegate, or delcgatea, to
hold themselves ready to depart, at an hour's
warning/*
Paper of the tltb day'd sitting read, dated
30th November, 1793.
^' A motion ot David Downie, to 6nc thofre
members who did not attend their &ectionfi»
** Tiie order of the day was called for,
^ A motion tor drawing out a scroll of a pe-
tition lo parliament, which being read| the
order oi the day was moved upon iV^
Paper of the J2ih Mtling read, dated»
** Monday, ad December, 1793, first year
British Convention.
** Citizen John Clark, mason,in lhechair,and
citizens Downie and Komanes, assistants at
the table.
** Read the minutes of the last sitting.
** Upon its being raovedi that citizen Smith's
motion ibr petitfoning parliainenl be dis^
cussed iinmeaiately, it was agreed, that citi-
zen Smith should withdraw it, and present
another
Cirrk of Arraigns — This is the hand-wril-
ingof Aitcheson,
•• Citizens Alexander Scott, and A, Calen-
dar moved, that the British Convei^tion take
uudcf consideration a resolution passed at the
fast meeting of the Scots Convention to peti-
tion the Commcns House of parlLimcnl tor a
parliamentary reform.
Citizens James Smith, and Peter Wood,
nioved, that ihb Convent ion lake under con-
sideration, whclhcr, afttr the contemptible
manner in which the late petitions for parlia-
mentary reform were treated, they shall again
petition for Reform, or at what period tney
should recommend the same to their consti-
tuents,
Li)rd AdDQcatc^^ow read the copy of
the refsolulions that Tavlo? proved.
Cierk of Arraigns. — rhese are the general
resolutions made at the general meeti nj5 qf
the I^jndon Corrcs^jonding Society, hehf at
the Globe tavem> tlcet Street, on Monday 20th
Januiry, 4794, citizen John Martin in the
cbftir. Tbc following address to the people
of Great Britain and Ireland, was read and
agreed to.
** Citizens*— We find the nation involved in
a w;ir, by which, in the coarse of one cam-
paign, immense numbers of our countrynien
nave been ulatightered, a vast expense has
been incurred: our trade, commerce, and ma-
nufactures are almost destroyed, and many of
miT manuKicturcrs and artists are mined, and
their famihes starving.
" To add to our affliction, we have reason
to expect, that other taxes will soon be added
to the intolerable load of imposts and impo-
sitions, with which we are alreadjr over-
whelmed, for the purpose of defraying the
expenses which have been incurred in a fruit-
less crusade, to re-establish the odious des-
potism of France.
** When we contemplate the principles of
this war, we confess ourselves to be tmahle to
approve of it, as a measure either of justice or
discretion ; and, if we are to form our calcula-
tion of the result, from what has already
p«ssed, we can only look forward to defeat,
and the eternal disgrace of the British name.
" While we are thus engaged in an expen-
sive and ruinous foreign war, our slate at
home is not less deplorable.
" We arc every day told by those persons
who arc interested in supporting the corrup-
tion list, and an innumerable host of sinecure
placemen, that the constitution of England
Js theperlection of human wisdom ; that our
laws (we 5.hould rather say their laws) are
the perfeclion of juslice, and that their admi-
nistration of ttiosc laws is so impartial, and so
ready^ as to afford an equal remedy both to
the nch, and to the poor, by means of which
we arc said to be placed in a state of absolute
freedom; and tnat our rights, and liberties,
are so well secured to us. as lo render all in-
vasion of them impossible.
•• When we ask how we enjoy these trans-
cendent privileges we are referred to Magna
Charta, and the Bill of Rights; and the glo-
rious RcvoKitiou, in the year 168^^ is held out
tu us as the bulwark of British Uberty.
** Citizens,
** We have referred to Magna Charta to the
Bill of Rights and the lie volution, and we
certainly do find, that our ancestors did esta-
blish wise and wholesome laws» but we as
fcttainly find, that of the venerable constitu-
tion of our ancestors, hardk a vestige remains.
I "^ The only chapters of'^ the great cliarter
I which arc now in legal existence, are the 14th
I and 29tli,
! " The important provision of the 14th chap-
! icr runs thus :
"A freeman slmll not be amerced for a
small fault, hut after tht.- manner of the fault;
and for a great taull, after tht- greatness there-
of, saving to him his contcnement ; and a
mcrcliani^ likewise, saving to him hi« mer-
chandise; and any other's villain than ours,
shall be likewise amercedi saving lo him his
wainnge ; and none of the said amerciaments
shall be assessed, but by the oath of honest
and lawful men of the vicinage.
** But by the usurped power of the judges in
assessing fines (and what fines I !) in the cases
of raisdemeanor, this glorious right of the
fubject^ of having these fines assessed by the
jury, (the only possible protection from sla-
very, and the vilest oppressiod) ii unjtistly^
and infamously ravished from us."
*• The provision of the aQth chap, nmft
thu&:
** Na freeman shall be taken or imprisoned
Of be disseised of his freehold or liberties, or
free customs, or be out la wed, or exiled, or
any otherwise destroyed ; nor we will not pass
Mpon him, nor condemn him, but by the iaw^
ful judgment of liis peers, or by the'law of the
land; we will sell to no man, we will not
deny or defer to any man, either justice or
right.
** The various methods now in constant
practice, by which the benefits of this prori-
sion are totally defeated, and destroyed, might
induce us to suppose that the great charter
has been repealed, if we did not assuredly
know it ii* the fundamental basis of our con-
stitution, which even the real representatives
f)f Ihe people (much less the miserable nomi-
nees ot Hclsloneand old Sarum) have not tlie
right, nor (as we tnis^t H will be found by ex-
pericnce) the power to repeal ; yet what do
we inntl in practice ? unconstitutional and ille-
gal mforniatlons, ex-ojjicio ; that is, the arbi-
Uury will of the king^s attorney general,
usurping the office of the accusing jury, and
the interested oath of a vile common infor-
mer, with the judgment of as vile a common
trading or pensioned justice, substituted in
Uie room of our birth-right, and impartial
trial by oUr country.
•* Add to thi*, tliat the exorbitant expense
of judicial proceedings, the novel practice of
arbitrarily aud repeatedly aniiuiling the ver-
dicts of juries, ana the dilatory practice of the
courts, uiost openly and shamefullv contradict
the clavise which forbids the dcuial, the delay,
and the sale of justice.
** A man accused of felony (for which, by
the common law of England, his life and
goods are forfeited) may be bailed, on finding
two securities for 40/. each, but upon a charge
of misdemeanor, by words only, bail to the
amoiml oi t,CM>0/. has been demanded.
" Upon conviction also for such misdemea-
nor, enormous fines, long and cruel tmpnson-
inents, unknown to our ancient Iliws, and
unsanctioned by any new statutes, have <rf
late (and but of late} been too frequently,
and too oppressively infiicted, ami all this, al-
Ihongh by thiv Bill of Rights it is declared
that exrcHsive bail shall not be demanded, oor
cruel and unusual punishments intlicled.
»* If we look to Ireland, we find that ac-
knowledged privilege of the people, to meet
for the support and protection of their a%ti.^
«7] 34 GEORGE UL
«]id liberties, is attempted by terror to be to-
Icco away, by a Jute infamous act of parlia-
.meut, whibt titles of honour— no, but of dis-
honour are lavished, and new sources of cor-
rufition opened, to gratify tbe greedy prosti-
tution of those wbo are the instruments of
this oppression.
** In Scotland, tbe wicked band of power
has been impudently exerted without even
I Jibe wretched foraialilyofanact of parUament,
^lagistrales hiive forcibly intruded into the
jieacehil and lawful meetings of freemen, and
by force (not only without law but against
I law) bavCf under colour of magisterial office.
Interrupted their deliberations, and prevented
their association.
** The wisdom and good conduct of the Bri-
tish Convention at Eainburgb, has been such
l«s to defy their bitterest enemies to name the
I law which they have broken ; notwithstand-
ing which, their papers have been seized^
I made use of as evidence against them, and
umy virtuous and meritorious individuals
we been, as cruelly as unjustly, tor their
rirtuous actions, disgraced and destroyed by
Itufamous and illegal sentences of transporta-
. tioo, and these unjust and wicked judgments
have been executed with a rancour and makg-
nity never before known in this land. Our
i-tespectable and beloved fellow citizens have
^■heen cast^ fettered, into dungeons, amongst
I Telons in the hulks, to which they were not
|«ntenrcd.
" Citizens;— Wc all approve the sentiments,
I *nd arc di: tng ihe words, for which
'.these our r< and valuable brethren,are
kthus unjustly' ;uid inhumanly suffering. We
loo associate in order to obtain a fair, free, and
[»full representation of the people, in a house
lofreal national representatives : are we also
WiUing to he treated as felons, for claiming this
I our important right, which we are determined
Ifliever to forego but with our lives, and which
T'liooe but thieves and traitors can wish to with-
^bold from us > Consider, it is one and the
same corrupt and cornipting influence, which
It this lime domineers in Ireland, Scotland,
ad England, Can you believe that those
fiwrho send virtuous Irishmen and Scotchmen,
lettered with felons, to Botany Bay, do not
dilate, and will not attempt to seize the
nt to send us after them ? Or, if we
It cause to apprehend the same in-
^treatment, if, instead of the most im-
snl danger, we were in perfect safety
'^* -«-.-■",. ■,,-.':- ^^. >, , ■ ,,. ^ny
r ho-
ur vlikvcry i^t ouia«lv«o
Trial of David Dc/umie [48
and our posterity ; will you wail till barnw.kj
are erected in every village, and till subbidixed
Hessians and Hanoverians are upon us f
** You may ask, perhaps, by what meaDS
shall we seek redress ?
** We answer, that men in a state of civi-
lized society arc bound to seek redress of their
grievances from tlie laws, as long as any re*
dress can be obtained by the laws- but our
common master wlkom we serve (whose law
I is a law of liberty, and whose service is per-
fect freedom) has taught us not to expect to
eatber grapes from thorns, nor 6gs from thist^
les ; we roust have redress from our own Jaws»
and not from the laws of our plunderers^ ene>
mics, and oppressors*
" There is no redress for a nation, circum-
stanced as we arc, but in a fair, free^ and
full representation of the people/*
" Resolved, — That during the ensuing ses-
sion of parliament, the general committee of
this society do meet dail>', for the purpose of
watching the proceedings of the parliament,
and of the administration of the government
of tliis country ; and that, upon tJie first in*
troduction of any bill or motion inimical to
the liberties of the people, such as, for land-
ing foreign troops in Great Britmn, or Ireland,
for suspending the Habeas Corpus act ; for
proclaiming martiai law; or for preventing
the people from meeting in societies for coiw
stitutional information, or any other innovar
tion of a similar nature; that on any of these
emergencies, the general committee thaU
issue summonses to tbe delegates of eacli divi-
sion, and also to tbe secretaries of the differ-
ent societies, affiliated and corresponding
with this society, forthwith to call a genenu
convention of tfie people, to be held at such
a place, and in such a manner as shall be
specified in the siunmons, for the purpose of
taking such measures into their considera-
tion.
** Resolved,— That the preceding address
and resolution be signed ty the cbairm&ai
and printed and published.
•* J. Maftin, chairman.
**T. Hardy, secretary."
" At a general meeting of tlie London Cor-
responding Society, held on tbe green at
Chalk Farm, on Monday the 14tb of April,
1794, J. Lovclt in the chair,
(The following letters were rcad»]
" To tbe chairman of the society of the
Friends of the People."
** Sir ;— At a crisis so important as the pre-
sent, there needs "" * I.--. ..,♦•- ^i q(
the London Corr. Mi-
dressing itself to aL ^...^- .i..,^,. ;..,-.! ...^,^ucs
who have in view the same object as them-
selves.
*• To the soiicly of tbe rricudj* of the Pco-
pli- fij -uuRnJ- are not w;inilnr> to show tbe
a fuU
! Grc*t
BuUiu. ib€y biive mvcs^ug^ka lae lubjeci
J
m
Jbr High Treason*
§9i ttoDJetvfs; iHe^ have <k paged to the |
iporld ft scries of plaio mid mdiaputahle fkcts, |
irbkll fuuit enclle in the mind of every man,
•tildiipov^ lo hx% t<ni\\\ry, apprehensions
•f ftfafm (or the security- of the xeyt remain-
ta| veiiiges of hberty, Xmni which as Britons
lit derive c« I
^ Dc^ly with considerations of
"'isiUt ■ : I Corresponding Socie*
it lhi!» lime, the con-
.A iLr. .r. u*1v of the
MEmUorili specdi-
IfMllie nm 1 admit,
tOOtnrtcfitioii I cuds ot Freedom, for
r|Kifp«Mir« n^, in a legal und con-
Qjcihodi tt mil and effectual re*
•Owr Is not nmde from the im-
ijgMioii .iioment, bnt af\er the ma-
l«»Hklibtiatj*Ln on the value and import-
Met <iC the object for which we are contend*
*^ , MmI of the difhcitlties we may expect
Iboae who^c pre Hen I in t tresis render
I jj^t.i., i.. *),., ...Jt ,,.> oniit'ir tuuntry,
•• Thi i*crsons is no small
*!' our cause; and
• k ' ni pared w ith their
■ [ - a depravity un-
pBftOeled, ivc ini^ nx liic ptige of histoiy.
•* lloiler llic a^l«picr*ofapo^tate reformers,
%tbive lately beheld serious and alarming
aQ«ichff%rf}t^ on the liberties of the people.
*• Wc ' rj, with finhgnalion and hor-
Mti li»f : and ptateably assembled,
W(nt>a !>y ttnconstitutionai 'powers^ and
•We^ -- ' niir most virtuous
ytlbft has been an imi-
totifiil V !Sso«jia1es, fecnten-
cai to .ion, without the
uf prccedc!nt, of
r one wa^ heh* up in the British
pnt, a% convicted and condemned,
I ! Mjpon bis trial
' Tl>* nipt*> aljo to introduce
\ Uu^^ \uU^ Ibis country, witht»ut the
lOKl of l*»rhameiit, and the intended bill
Bil^'' (lis miijesty*s ser-
\ «»i ully calculated to
iL^i IMF mr f xislcncc even of the
■e t nor can we overlook that
lui u- , • ^* '"rcorniplion. which
nldfi^, ' phmder, a tmia
wmii ^ • society than so
iiiAMkiis, ^'^ed bttsinessisi to
thi firiei) country, one by
• TbeNi mtm gri«vaiices which demand im-
Bcdalc redrew ; and when added to those
m^ vltfch Rfp nt-<c«^*'UF!ly connected with
•ftrjr ' ri of the people,
■ft fc»T ^m of every lover
if l«icv.Hj(jiLry
** iWt mti. are VtM thai the present Is not
te tviw icir rduffTOi and that in novation may
Wm^mm itftoHioiiix* Arc those persons U>
J^p «C llw ptoprr tixue to make a reforoa^
VOL XMV.
A. D. im.
who exist only by corniption ? Are the people
of Britain to endure every thing without re-
pi umg, witbuul ardently seeking a radical re-
form, because disturbances may happen?
Have the enemies to reform told us whence
th^se disturbances aro to orit^iuate ? Has a
*u)^ie overt act been committed by the triends
to iVecdom } Have not all the riols, all the
public disitr' ■ nil the sedilions asseni*
lilies, bc^ti ihc enemies to reform?
-^And do I... . .,.,...; to tell us, that they will
still find other instruments for their wicked
designs, — thai they have yet tboHe who will
act over a^aiii the outrages that have beea
perpetrated in some parts of Dntain, and at-
tempted in others ?
** If such is the determination of these per*
sons, hostile to a fair representation, let them
look to the consemienccs : but let them recol-
lect, that it has nappened, and may happen
again, that those who kindled the flames,
haveperishcd by them.
" The Friends to Reform, are friends to
peace ; their principles can be promoted only
ny peaceable means ; they know of no other
method of obtaining the object they desire. '
But, they will not be alanntd by the threats |
of venal apostates; they wiN not drawback,
because they have seen some of their best |
friends doomed to exile. They will pursue
the course in which they have begun, and
turn neither lo the right nor to the left,
•* Convinced, as the London Corresponding
Society is, that as there is no power whicn
ought, so there is no power which can finally i
withstand the just and steady demands of ft j
people resolved to be free; ihey will, there-
tore, look with confidence to the determina- ^
tioUj and, they hope, lo the co-opcraticn of
the soriety ctthe Friend-i of the People, ia
the altiiinnienl of an object which involve*
the dearest interests of society.
"Convinced, also, that their intentions are
of the purest kind, they will never stoop to
answer the calumnies of their enemies; but <
will, at all limes, and in all circumstances,
endeavour, by firmness and perseverance, to i
deserve the countenance ana appr<jbation of ^
the best Iriends of their country, the friends
of a fair representation of the people of Great
Britain. 1 am, Sir, —lor the Londoa
Corresponding Sociciy»
<* April 4. 1794. Thou 4^ Hardy, sec.^
" CmmitUt Hoowi*, FHtk Street,
'* April nth 1794.
** Sir ;^ Your letter of the 4th insUnt, ad-
dressed to Mr, Sheridan, Chairman of the
Friends of the People, was laid before the
society, at their meeting on Saturday last :
and they inslrnried their committee to thank
tlie London Corresponding Society for their
communication, and to express the alarm
they feel in conmion with every friend of h-
berty, at tlie late extraordinary proceedinaj
of governmput, so ably delaileiL Jvnd so juwjfl
reprobated by your society.
U GEORGE IIL
" They assure you, lUat all the Friends of
Refortt]^ may look wilh coutidence to the dc«
tennlQatioD and CO opemUun of this society^
ill every peaceahlo and cunslitutional mea-
sure, which shall appear to them calculated
to promote the object of their iDSlitution ; but
t^ey do not think that which is recommended
in your letter, is likely to serve its professed
purpose. Tliey fear it sv\\\ furnish the ene-
mies af reform wilh the mean^ of calumnia-
ting its advocates; and so far from forward-
JAg the cause, will deter many from coun-
tenancing that wliicb they approve: For
these reasons, the Friends of the People mual
decline to scifd delegates to the convention
proposed by the London Corresjiondin^r So-
ciety : At the same lime, they renew their
assurances of good will, and desire of pre-
serving a proper understanding; and cordiality
among all the friends of parliamentary rc-
fornij no Iw ah 8 lauding any difference of opi-
nion that may occur^ as to the best method
of accomplishing It. In name, and by order
of the committee.
" VV. B a ETOK, chairman,
"To Mr. 71 Hardy, sec. to the Lon-
don Corresponding Society.'*
" The fol lowing resolutions were then passed
Uttimmoudy :
*' Resolved unanimously,
Ibt, "That this society have beheld, with
ming indignation, proportioned to the enor-
mity of the evil, tiie late rapid advances of
despotism in Britain ; the invasion of public
security; the contempt of popular opinion,
and llie violation of all those provisions of
the constitution, intended to protect the peo-
ple against the encroachments of power and
prerogative,
^d, " That our abhorrence and detestation
have been particularly called forth, by the
late arbitrary and flagitious proceedings of
the court of justiciary m Scotland, where all
the doctrines and practices of the star-cham-
ber^ in the times of Choites Ist, have been
revived and aggravated, and where sentences
Jiave been pronounced, in open violalion of
all law ana justice, which must strike deep
inlo the heart of every nmn the mcluntiholy
conviction, that Brilons are no iongcr lr*re.
3d, " That the whole proceedings of the
Jatc Britisb convention of ihc people at Edin-
Vurch, arc such as claim our approbation and
applause*
4lh, "That the conduct of citizens Mar-
[ guot and Gcrrald, in particular, by its strict
[ conformity with our wiahc5 and instructions.
and the ability, fairness, and disinterested pa-
liiolism which it so cnuncnily displayed, has
inspired auenlhusidsm of zeal and attachment,
' fvhich no time can oblilrrate, and no prosecu-
rcmc»v<»;and thai ^c will preserve their
c>i engfuven on our heatrls, till wa have
ft opiwrttniity to redress their wrongs.
5tli, '"^ Thai any attempt to violate those
jcmaiiiuig law*, which are iiitcnded lor
Trial of David Dcmnit
the security of Englishmen, against the tyran-
ny of courOf and minister*, and the corrup-
tion of dependent judges, by vesting in such
judges a legislative or arbitrary power (such
as has lately been exercised by the court of
justiciary in Scotland) ought to be considered
as dissolving entirely the social compact be*
tween the English nation and the governors,
and driving tiiem to an immediate appeal t#
that incontrovertible maxim of eternal justice,
that ihe safety of the people is the supreme,
and, in case of necessity, the only law.
6lh, " That the arming and disci phning in
this country, cither with or without the con-
sent of parliament, any bands of emigrants
and loi eigners, driven from their own country
for their known attachment to an infamous
despotism, is an outrageous attempt to over-
awe and intimidate the free spirit of Britons;
to subjugate them to an army of mercenary
cut throats, whose views and interests must
of necessity be in direct opposition to those
of the nation ; and that no pretence whatever
ought to induce the people to bubmit to so
unconstitutional a measure,
?tb, '* That the untonBlitutional project of
raising money and troops by forced benevo-
lences (and no benevolences collected upon
requisition from the king or his ministers,
can ever in reality be voluntary, and the equal-
ly unjustifiable measure of arming one part
of the people against the other, brought
Charles the First to the block, and drove
James tlie Second and bis posterity from the
throne; and that consequently mmietcrs, in
advising such measures, ought to consider
whether they are not guilty ol high treason.
£th, ** That if lis society liavc beheld wiik
considerable pleasure, the consistent respect
which tlic House of Lords displayed for their
own constitutional rules and orders, on the
fourth of the present month, upon the moboa
of earl Stanhope, conccniing the interference
of ministers in the internal government of
France, and that it is the firm conviction of
this society, that this circumstance, when
j^ropcrly detailed, will have a considerable ef-
fect in convincing the country at large, of the
true dignity and utility of that branch of his
majesty's parliament.
Vilj," *' Tliat the thanks of this roeetlne be
given to earl Stanhope, for his manly ano^ pa-
triotic conduct, during the present session of
parliament, a conduct which (unsupported as
U has been in the senate, uf which he is sa
truly honourable a member) has, together
with the timely interference of certain spU
rited and patriotic associationt^ been never-
theless alrcacfy productive of the salutary ef-
fect of chasing the Hessian and Hanoverian
mercenaries from our coasts, who,but for these
exertions, might have been marched ere this
m to the very heart of ^' i fry, together
with others' of their n, to have
peopled the barracks w*,m.ii tvtry where ia-
iult the eyes of Kritons,
lOib, '♦That It is the firm cojivicti^n ef this
SSI
Jbr High rraiioii*
libm, tliAi ft sieftdjr persererance in tlie
MaKbald aiid energetic teutimcnts which
Ittft Itlely been &vowcd by the friends of
I cmnnot fail of crowQin^ with ulli-
pk the virtuous cause in which we
itnce, whatever may be the in-
vpiDion of hereditary seDator^, or
llMi}0HriUes of pretended rcpresfDta-
truth atid liberty, in an a^e so en-
Ii|blc]>ed MM the present, must be invincible
mi iMBiii potest/'
" Ttib sodety having addressed Mr. Mar-
mtA^ their delegate, an address to] Joseph
UcifBld wft3 n^ as follows, and carried una-
ihBOtialjr;^
' To losefih Gerrald, a prboner, sentenced
f Mgh court of jusliciary of Scotland, to
tSliAD bevond the seas for 14 years.
iTe behold tn you, our beloved and res-
pded 5iei3d kud fehow-citizeo, a martyr to
tk§ glorious cause of equal representation ;
Md «e cmnoot permit you to leave this do-
fvtdsd eoniotry, without expressing the infi*
■its oliiintioc»s the people at large, and we
ill pirtkiuar owe to you, for your very spi-
liild esotions in that cause upon every occa-
^bm ; ImiI upon none more conspicuously than
dviag the attting of tltc British Convention
^" I pec^le St Bdinbur^h^ and the conse-
Mding (we will not call it a trial)
' of the court of justiciary.
" W© know not what most deserves oar
aiadaHk/Of the splendid talents with which
Jon are to eminently distinguished, the ex-
illid ^tftucs by which they have been di-
ted«d| the per^verance and undaunted firm-
Btitimlch ^ou so nobly displayed, in resisting
the Wfooga of your insulted and oppressed
OBVBtiy, or your present manly and philoso-
[ ibfleriog, under an arbitrdT)', and, till
L iinproccdcnted sentence, — a sentence,
_/llie niQist ^ndictive and cruel that has
I pmonttced, since tlie days of that most
i and cver-lo- be- detested court of
_jiberv the enormous tvranny of which
I int Cliarlcs his head,
lyoUy&nd to your <^aociates, we feel
• eso^t deeply indebted. For us it is
larr - the sentence of trans-
, the vilest outcasts of
^» ihatyou arc condemned
I ^'? shores of New Holland,
, h4>wcTt"r, we doubt not you wdl expe-
ooQMitenible alleviation, by the re-
^of th&t virtuous conduct for which
il ii InpOied ofi you, and by the sincere re-
fB4 and Mteem of your fellow citizens !
'^Ibt Ci|ual hiws of tills country have for
Mllieeo the boa&t of its inhubitants;
tsiUier are itiey now rted ? We are ani-
by the same sentiments, are daily re*
t Uie same words, and committing the
■iBt artiotM, for whkh you are thus infa*
WMaK lid we will repeat and
ttBiWMt have obiaiQC'd redress ;
t«t are uii^'uuiiuvii j eithcfi tbereft^re, the
A, D. 1794. [31
law is uqjust towards ynu, m mi^icting pu-
nishment on the exertions of virtue and ta-
lents, or it ought not to deprive us of our
share in the^^lorj' of the martyrdom.
" Wc agam therefore pledge ourselves to
you, and to our country, never to cease de-
manding our rights from those who have
usurped themi until, having obtained an equal
representation of the people, we shall be ena-
bled to hail you once more with triumph t>
your native country. We wish you health
and happiness, and be assured, we never,
never, shall forget your name, your viriues^
nor your great example*
" The London Conesponding Society.
*'T, Haedy, secretary*
" J.LovETTj chairman.
April 14tb, 1794."
*' It was also unanimously resolved :
"That the commillee of correspondence
be directed to convey the approbation of this
society, 1st, to Archihald II ami I ton Ho wan,
prisoner in tlie Newgate of the city of Dublin ,
for his unshaken attachment to the people ^
and for his spirited assertion of their rights.
2. " To John Philpot Curran, lor his admi-
rable and energetic defence of A, H. Ho wan,*
and the principles of liberty, as well as for liis
patriotic conduct in parliament.
3* ** To the society of United Irishmen In
DubUn, and to exhort ihcir. to persevere ia
their exertions to obtain justice for the people
of Ireland.
4. " To Skirving, Palmer, and Muir, suffer-
ing the same iniquitous sentences, and in the
same cause with our delegates.
5. " To John Clark, and Alexander Reid,
for their so readily and di?sinttresledly giving
bail for our delegates, ini-tigatod thereto solely
by their attachment to hhtriy, uninliueaccJ
by any personal consldcralion,
6. "To Adam Gillieb^ Malcolm Laing,and
James Gibson, for their able assistance given
to Joseph Gerrald, at the bar of the high
court of justiciary at Edinhurgh.
7. ** To felicitate Thomas Walker f of Man-
cbester^ and tlie people at large, on the event
of his, as well as several other late trials, and
on the developement of the infamy of a sys-
tem of spies and informers.
8. ** To Sir Joseph Maw bey, for his manly
conduct at the late surreptitious meeting held
at Epsom in Surry,
'* It was also unanimously resoh*ed,
" That 800,000 copies of ttie proceedingi
and resolutions of this meeling be printed and
published.
" J. LovETT, chairman.
"T. liAunr^ secretary.
"Hcsolvcd, That the thanks ofth is meet-
ing be given to the chairman for his manly
and impartial conduct this day.
** T. Hardy, secretary."
• See it^ ant^ Vol 99« p. 1066.
f See his tnal, mU^ Vol 33, p. 1051.
U] U GEORGE IlL
Lord Advocate. — ^Tbb is s printed Icilcr^ [
iwom to be found in Hardy's possession^
algned T, Hardy^ secretary to the CkirrespoEi* |
ding Sotiery-
" Citizens I--' The critiral momrni i* ar- '
rived. and Dritons must either assert with xeal
I mud firnmcs^ their tUims lu tiberty, or yield,
without rcs^ivtance, to Uic chains that minis-
lerial usurpnticm if. forging for Ihein: — will
yo\i CO optTiile with u*. in the only peaccahle
measure thiil now presents \iitU\ with any
ptosipect of success ? — we need not intimate
10 yon thjit, notwiihstntHling the tmpardlleled
audacilv of a curn*j>l und over-bearing faction,
vrhich at present tramples on the rights and
lib-Ttk-^ uf ihe people, our nieeiings cannot in
Kngluiirl he inlcrmpled, whhoul iiie previous I
adoption (fa convention bill ;— a measure it '
is our duly w anticipate, that the ties of union I
may he more tirmly drawn, and the nenli- i
iwents and views of the different societies
throughout the nation be compared, while it
is yet in out power, so as to guide and direct
the future operations of the Friend* of Free*
dom. House, then, to one exertion more,
and let us »how our consciousnefis of this im- I
|)ortant truth,— If wc are to be beaten down •
willi threats, prosecutions, and illegal sen- ,
lence*, we are unworthy, we arc incapable of i
Jibcrt^ ; we mui^t, however, be expeditious ; '
Hcssfau** unci Austrian!* arc already among i
US; and if we tamely submit, a cloud of these !
armed barbarian I may svhortly be poured in
upon us ; let us form then another British
Convention. We have a central situation
in our view, which we bdicve would be most
convenient for the whole i?»land, but which we
forbear to mention (cntrcatinE your confi-
dence in this parlicuhir), till we nave the an-
swer of the societies with which we are in
correspontlent'C ; let us have your answer, then,
by the 'JUth at t'drtliest, earlier if possible,
whether ^ -"^ac of the measure, and how
tnany t\* i can send, with the num-
ber also j! I L ol' your societies. — We re-
main yours^ m civic affection, the Londcin
Corresponding Society.
"T.Hardy, secretary.
** For the management of this business we
have appointed n secret committee; you will
judge bow for it is necessary for you to do the
fame."
George Btm sworn.
Xorrf Jdvacute.—MT. Ross yoti wcrt ifi the
Cjazettecr office ? — Yes.
Di> you know of any society or club meet-
ing in your house, in Jririiiiifv, February, ar»d
March last, after » i jn of the Uritish
Conrrfitt«?n *— t ' ' was a society of
pi-i'
' jptionP-^I have heatd
it ' uauiiUt: ut t luun, or MimothiDg
ot
• rsoDt lliat Mpeatod to you
t£> nuoittaV^tlW ncffOBm who
ca Lij^ utt:i V 1^ I acre was a Mr. Watt, a Mr.
aiockf aotnetimes.
Trial of David Dawnie
[56
Who was Stock ?— 1 believe he i*ai a Stu-
dent. There was a Mr Downie.
Wa* that the man at the bar ?— Yet,— and
Mr. Donthrone^ — I do not know iha exarl
number that met, they met several limes.
Whs ii»erc ever a larger number met than
these four?— I believe there wa^ a larger
number; but, as I said before, if there were
two com niit tecs, the amaller coram itiee met
with the lareer, i sunpoie.
Then am I to unaersland there were two
commiLteef^?^-! cannot he certain of that,
because 1 did not belong to any myself
Did you ever receive any printed letters
from a society calHng themselves the London
Corresponding Society?— Did yuM ever re-
ceive h-om the London Concspduding Soricty
any written or printed letters? — I never did.
Did you ever receive from any person whatf
ever, letters of that kind ?— To the best of my
recoilcction I received one from Mr. Stock .
That you mentioned before ? — Yes,
Do you know the import or fiubject of il^
— From the import of those letters, I saw Ihe
purpose was to tend them to societies in tho
countr)'. I accordingly did so.
Look at that,^is that one^-^That is olMOf
them.
Is it your hand writing?^! think it i».
Look at the address ?— -As far as 1 know
that is one that I sent
r>o you sec the post mark upon it ? — ^I sea
threepence here, the price of postaite.
Did you send any to Tcrlh ?— That is tha
one I sent to Fertlu
Any other towns ?— To four towns ; Perth,
Paisley. Slruthaven, and another place.
£iirl/ AflvfKdH, — This is addre5*?cd to Mr*
WttUer Miller, Perth ; the words arc these io
his liand : ** show this to your friendSj and
send an answer to George Hoss, Liberty-court,
Fxlinburgh; nothing but ready money sub*
scriptions received.
H'ifnfw,— The post mark is March 6lh or
8th.
It was about that time you received them
from Stock ?— To the best of niy knowledge
I received them from Stock; 1 do not partieu*
larly remember wliat time.
Where did you receive them from him } — I
suppose in my own house; I cannot be ccT*
tain.
Do you remember what time ?^ do not
remember the time, but it was from him I rc*
ccived them.
Mr. i^uthn ^\ have no questions to ask
this ti ;<riioner has.
(The 3 he luid no quesLion t0
aiky.
W linen (to tht lord Advocate).— Am I «t
liberty to go away after this t
Lord Advocut§,—''Sov at present ;— I do 1
Mieaii Io keep you a moment longer here T
is absoltrtrly ntcciaary.
WdlUm Al'Cwfcfcm swoin.
Mr, 4iKCratf A<r.^Wh«l ire jrtnt t^A wriUc
^T High Trcamn*
ITfre jrou one of the Frienib of the People ?
yriti know toy iHinij of a comtuillee,
ilcd thrCofxiinitteeOf Union?— I know very
fiuic iilnjut It— ii eitslied eoine lime btfare I
w%» a mnnbCY of it,
Wrrr you a member of it ?— Yes, I was ; I
vi^ ibcTC IJOC1?, t»T twice, I believe.
Upon wh*i occusion were you elected ? —
vns, — tt young rai*n of the name
^ ] net] to be a member of
>,ti»rbance4 al ihe Thea-
vet to keep the peace,
r for liim to do tJiat bn-
; , ii me. I said I thought
iuit my convenience, but I at
b»i aceepteil it.
Tpofi thin person being bonnd over to keep
lb» p<K«« yoii %t last accepted it ? — Yem^ Bir.
Iflwi wftt Ihit commiltee to do?--! never
L what it was to do^ but I unders^tood
tit bft m uiiioD of ail the societies in £din-
it to do? — I understood it was
niea&ures Ibr calling another con-
co-ojitrate with the Commiltee of
for forwarding the money.
Wbo were members ? — There were a great
Do yoa rejiiember any of them ^ Was the
'ftineaiber of it? — Yes, I believe he
Too iiid, yot} under¥<tood it waa for taking
MMttre* for calling another convention -
liiicomneQlioii was it to bef — I understood
Bl&tf Ui I hi" liif^t.
mean by the last ?~The Bri-
" - : abotii the Com m i 1 1 ee
rlu^t? — I understood the
r^ to l^e for the purpose
1 the first place, to pay
Hi] in the next place,
turpose, and those
[IS ; and in the next
e, tM««^i«i4 luuiiiiy to (support the dete-
^ ^ that new convention ; that is what
.-.-ilood,
> j\M know where the convention was to
rl!— No, I do not.
Waa it io be in Scotland or England ? — I
frtn England ; 1 do not know.
_ e not Ike delegates to do something
lieaiiles re/f -■"- money? — It waa to
pBbir eoDtimer imderstand several
fBMQi^^i' ft^«i ..-11 about the reform ;
iMbe wiabr rrsai suftVage, and un-'
^oal^fTiai li'^rs thought it a violent
lii ' was to consider about that
^---, It could be obtained*
• X^ntf ^i^ij«%itic — Were you a collector?—
>l, ! wii««
the other collectors, to
i>d»of the People to col-
puiKjti?, or waa there a particular
il^ed^— There was a particular
IgM la tl»iD, but it was oot un*
jidi.
A.D. 1794, \b%
derstood they were cotifined to it ; it was ac-
cording to the place where they hved.
Was it by dividing the districts?— It was
to be the New Town, the south side of the
town, the Lawn Market, and the Canongalc.
To whom was the money lo be paid ?*-l
do not know, it was to be accounted for in
the committee, and they were to appoint some
persons.
Who were to appoint them ? — ^The collec-
torf ; and I understood they were to be re-
spons-ible for money paid.
Whom were they to pay it over to? — It wai
not mentioned.
Who was treasurer? — I understood Mr,
Downie was treasurer.
Was he treasurer to the cororoittee, or col*
lectors ?— He was treasurer to the whole.
Do you know a man they called John Fair-
Icy ?.^Yes,
Was he a collecter? — ^Ycs, be was.
Was he distinguished from the other col* I
lectors by any ap)>ointmeut ? — I came in one
ni^ht, and they were met, and I went out and J
left them; they wished me much to be in |
when I came into the room, they told ma
they had been doing some business % that
John FairleY had been appointed a convener!
I was a lillle astonished; 1 said nothing, and j
they were to give in printed papers for them
to collect money.
Why were you astonished ? — I was a litde
a»toni^hed upon his being appointed a penn^i- J
nent convener. ' J r
Was he to be changed every week, ofj
month ?— 'I know nothing of that.
W hy did you use the word permanent ;— It !
was oi'ily that he was to convene us, and sit 1
always.
Sit always,— for what? — As convener.
Were you at the British Convention the
night it was dispersed? — Yes, I was.
Who dispersed it ? — It was the lord provost, 1
What did the lord provost do? — He asked '
if this was the Oritish Convention, and the J
president said it waa.
Who was president f— I beUeve it wai
Samuel Paterson.
Tell uf what the provost said?— *The pro-
vost said, he could not allow any such tw^et* j
ing to be held, and he desired the presidenf I
to leave the chair; he said he could not pro-M
perly leave the chair, without the permission |
of the convention ; but as he had got leave I
before that to leave the chair, he was jiisl go* I
ing, and he would go ; and a call was toi;|
some other person to take the chair, and Mr.' j
Brown, of bheffield, took the chair.
Lord Adtocate. — Recollect and tell Brown'!
situation; what did Brown say to the nro%'o«t/J
or the provost to him ?— Brown ^aia, as he
was appointed by the unanimous voice of ihef 1
convention, he could not leave it without!
leave of the convention; the lord provost!
said, he must leave the chair; he had beei^I
deficient, he said, in his duty, or he would
have didpersed them before. ' The lord
1
vost said the proceedings were seditiowt ot in-
flammatory ; and Brown said, the publica-
tion of their prucef dings tended to show
that their meelin^s were of a constitutional
nature^ and Ihcy Kept open doors to every
person that chose to come ; the provost said
lie must leave the chair ; he &aid he would
i^ot do it, without superior force. Skirvin^
observed, he could not leave the chair, and
ihey would not allow themselvci* to disprrse
without force ; it was agreed they sliould cull
in their force, and we should file oft' to tlie
©thee side of the ball ; but Ihe constable came
jn^ and the lord provost pulled Urowu from
the chair. Some person moved ^ as they had
been dispersed there, they should go to the
C'anongate Mason Lodge.
Did you go there ?— Yes.
What parsed there ?— A vote passed there,
that we were permafieut.
How Jong did you sit it the Canongate^
sfter you voted that you were permanent ^ — i
Not long.
How came you to separate then? — We
thought it unnecessary to do any thing more
that ni^ht.
Did you join the ConvenlioQ again after
thai? — No, tt was many mouths after that.
Were you there the next night in the
suhurbji at a wright*s shop there? — Yee, I was.
What happened there ?— The sheriff came
m and dispersed them.
In shorty the same thing look place that
night, as took place the day before ?— Yes.
Was any declaration made there that you
had voted yourselves permanent the night
beforei in the Caaongate? — I canaut rccoK
Icct.
Mr. AnstrtUher. — How long were you one
of the collectors ?— Eight days or a fortnight.
Where did you meet when Faulty wa* pre*
aidcnl ? — At George Ross's.
Where did yuu meet the next meeting? —
The next meeting %vas proposed m Phiups's
house.
Philips was a collector too, was not be ?— -
Yes.
Did that mn " nlace? — No.
Why did noi n^ lake place ?— It
was on account o I .\jr- >v,iit,iind Mn Downie
bemg apprehended; it was. thought the peo-
ple would be afraid to come, on the seizure of
some of the books of the society*
Cross-Examination.
Mr* ClerL — Y'ou were a mimhcr of tbc
Union Committee ?— Yes.
You say Downic was treasurer of that com-
mittee^— I heard he w*a8 Ireasurcx for the
whole of the Friends of the People through-
out Edinburgh; I could uot say for that
committee.
Do you know any tliing about his appoint-
ment?—No, it is only report, I have only
been told it by some person*,
^ ou do not know it of your own JoM^*
ledge I — ^No.
You have heard it only ? — Yet*
You were appointed collector ?— Yes.
Explain the nature of collector, ai you un-
derstood it? — As I understood it, that night
there was ^ letter given in that Mr.
had resigned his place, and desired some
Other person would take it, and it was^uc
upon mcy and with some hesitation I agreed
to it
What did you understand the duties of your
ofBce to be P — I mentioned that it was to pay
the debts that were due by the convention.
You were to collect money for that pur-
pose?— ^To collect money tor that purpose.
Did you collect any money? — None.
Had you any access to know tlie sum of
money collected for that purpose? — No, I
know notbmg about it.
PriMoncr. — Did you hear any thing about
a hhrary? — I cannot recollect that, but I
think I heard something about it mentiooed.
Mr. Cltrk,— About what? — ^Aboutahbrary,
about pohtical publications.
Wiliiam Binning sworn. i
Mr, Amtruther. — You were a member of
the Water of Leith Society, I believe, Mr,
Binning ?— Yes* sir.
Where did Ihcy meet at the Water of |
Leith I — I was not at the house, but some-
times I belonged to a Friendly Society.
How did the Water of Lctth Society call
themselves ? — A Society of the Friends of the
People.
Did they meet any time in December or "^
Januarv last? — I could not charge my me-
roary, i dare say they might meet some time.
Did they meet soon alter Che British Con*
vention ? — No^sbout 3 weeks or a month.
You were secretary ?— Yes, or cterk rattier.
With whom did you correspond? — WcdiJ
not correspond with any society, unless it was
by sundry delegates^ what they call a Com-
mittee of Union.
What wa« that Committee of Uobn? —
It was for carrying on the business of re-
form.
How matiy delegates did you send to that
meeting ?— 1 think there were S or 3*
Who are they i*— One M'Ewwj.
What is M'Evyran's first namc?'^rlhur ;
Robert Orrock.
Whttl is Orrock?— A Smith-
What is M*Ewan ? — A weaver.
Who is the other?— William Ferguson.
Whfit was the reason of your choosing these
delegates ? — To carry on the matter of He-
form, by way of petition to parhament.
What was youi reason for choosing them at
first? — It was for corresponding.
Did it come into your own head, or did any
boiJy bid ^vour— No, we chose them so that
we could correspond wit' --ly to obtain
a reform in parliament <i.
That was the way of w^...^^ ,,, Uy petition ?
—Yes.
Who fir*L f ropo:.ed to appoint these dele*
Jot High Triason,
p««?— NwLckdy in pairUcuUr, we thought a
Wm ii:«re do letter carat to you about it ?
—No
Wtui propo^d it in the commitlee first? —
'"' 1 not remetubcr.
^ Did jTuu itver bear of such a thing as a col-
lects? wbsi wais the coUcctor lu do?— He
1191 to mkc the «cnse of the Frietids o( thu
iVafilc aad it the people he lipoke to thought
|fp0|ier to give any money in support of' the
c^tite, Of ilefVay the expenses of nuch as auf-
(bed to support of that cause, such as Skirv-
mt. 10 gilber money.
Uiii jmic) guther any money in your society ?
" ?*•
lore? — About a penny a night,
hm v4:mj give any thing to M'Ewan P —
AllOQt tU.
Wbtl irms he to do with it ?^IIe \vn^ to
pie ii 10 tlie delegates that were to be chosen
|t€OlivcQLioD some where I did not know*,
I were to distribute it to Mrs. Skirving,
fifcesupm that stood in need of it ? — Yes, sir.
Wia it a* he liked it» or a Commtltec of
Vmm wotild like it ? — It was the Committee
fjr t7niofi, 1 suppose, but we gave it to htm
ittcajiy tl there*
lit «ra» to cftrry it to the Committee of
Ctsonf— Vcs.
i be was to pay it to the treasurer of the
lofUmon? — Yes.
Do yo« know who was the treasurer ? —
Tlii was one of the name of Downie.
|09 jou know hira ? — Yes.
you hear w*hat he was described to
whftl his triide was?— A goldsmith, I
low these eolleetors, when were they cbo-
Vftfrilf — Sume tune in March, I fancy : I
leally charge my memory ; hut I
I it was some lime in March, I am oot
\ in the time.
ktw yixi quite sure there was never any
Idler or mcs5ap;e sent to you about choosing
ti«e delegates T»I am notcertain, I am sure
I mman recollect.
tM TOtt ever see any printed papers, called
• I^moasuetital principles'' ? — ( am not sure.
mpidfounrer see that paper f~It was*' Fun-
Btal principles,''
I did you see it? — It came to the to-
r «oe otght.
I taw such a paper In the society, but
jpU know where it came from ?->-No.
: el that, and see if you know where
mm from } — I think I saw this in Ar^
Uw lI'lMUi'i^ I am not ccrt^u.
Ko Crosa-Examinalion.
flTils WIS t letter fiom the Committee of
Vii|ri «0d MeAns that he looked at, but it not
W»K jrct proved^ it was not remd ]
Arihur M'Emnn sworn.
! —Where do you live?— At
A. D. 17iH-
[69
Wert there any societies there f— Yci.
Wert you a member of any society there ?
— Y>*.
What was the title of that society ? — It wat» i
called the society of the Friends of the People.
Did that society send any delegates to tlie
British Conveuliou ? — Ves.
Were you a member yourself P^Yes.
Did that society contmue to meet after the
British Convention was dispersed? — Yes, it
met after it was dispersed.
W-4S there after that time, tmy oilier com-
mittee chosen to which your society sent de-
legates ? — Yes.
what was it styled?— It was styled, in
the printed paper, the Committee of Union*
Were you a member of that committee? —
Yes, the society appointed me to attend that
committee as one.
Who were along with you?— I think Mr,
Orrock and Will jam Ferguson.
What is Urrock J^-llc is a blacksmith.
lie lives at the Water of Lcith with you ?
— At the Dean*
Did you ever attend meetings of the com-
mittee ? — Yes.
Where did it meet ?— At George Ross's.
At any other house ?— Not the Commillee
of Union.
Was there any other committee, ofwhkh
you were a member, chosen from that?—*
There was a sub-commit lee.
Who were members?— Mr. Watt, Mr.
Burke, Mr. Downie, Mr, Aitcheson^ Mr.
Stock, Mr. Bonthrone, and myself*
Seven in whole ? — Seven.
Had that committee any other title than
the sub-committee ? — It had no name to my
knowledge, but in the printed paper it was
called the Committee of Ways and Means.
Be so good as to inform us what the chief
object ot It was ?— A fortnight after I belong-
ed to the committee, there was a letter read
by a bi^ man ; he said he had received it from
Mr. Skirvmg ; the contents were, that the
Friends of the People were in his debt, and
he hoped they would pay it up, and do every
thing they could for his family, as he was go-
ing to leave the country;— to assist to pay
that debt, and assist Mr. s^kirving, if he stood
in need.
Were you there any other nights ? — ^Yei,
other nights; 1 found it was for other pur-
poses, by a paper that Watt read.
Esplam what purposes? — It appeared to
me it would throw the country all mto confu-
sion, and spill the blood of our felbw crcjw
lures, from the paper he read : the contents
run thus : that parties were to seize the lord
justice Clerk, and the rest of the lords of the
sesBions, and the lord provost : and parties
were to be stationed at the Luckcnbooths, and
the head of the West Bow, and parties were to
make a fire at the excise olFicc, to draw the mili-
tary from the Caslle ; aod, when tlie soldiers
came by the lop of the Bow towards the I^ick-
cnboolh^, they were to inclose [Uvm, und par-
6S]
54 GEORGE III.
Trial of David Dcnmii
[64
ties were to seize the banking liottses in lown»
and appobitcomnrissionen to go and demand
the cash from them — ^that was the substance
of the paper, as far as I can recollect ^
Who were present at that meeting?--8tocky
Watt, Downie, Bonthrone and I.
Was it a stated meeting— a usual meeting ?
—Yes.
' What do you mean by parties ? parties of
whom ?— I cannot say by whom it was to be.
Whom did you understand by the word
parties? — I suppose Mr, Watt drew it up,
and he supposed the country was to rise to do
such a thmg ; I could not understand it any
other way.
Were the people of this committee, if they
approved of that paper, to have some com-
mand ?— I knew not a man that was to do
this.
Not a man ?— Not one, man or men.
You mistake my question ; you told us it
was proposed that parties should be put at
different places, the jLuekenbooths and Bow,
tu secure the soldiers wheu the fire appeared
at the excise office ; who did you understand
the parties to be ? — I could understand it no
other ways than the Friends of the People.
' Now, what was done by that committee
upon this plan being read by Walt ? — I ob-
jected to the plan ; I said I by no means
would agree to any thins that broke the
peace, or shed the blood of my countrymen ;
and Mr. Bonthrone seconded me, and said,
'< no, do not do no such thing,^
Did Downie say any thing ?— Not that I
remember.
Did Watt?— No.
Did Watt ever read any'other paper relative
to that subject, or show you any other paper?
— He read another paper another night.
Was that a committee night ? — Yes.
Who were present ? — It runs in my head
that Mr. Downie was present, but I cannot
be positive.
Was it a committee night? — It was.
Was Stock present ?— No.
Was Bonthrone ?— No.
Aitchcson ? — ^No.
Was Burke?— No.
Lord Advocate, — Then Downie must have
been present ?— I think he was present, but I
cannot be certain of it
Now, what was the import of that paper
which, at the second meeting of the commit-
tee, Watt read to you ?— -The purport of that
letter, as far as I can recollect, was this— it
was a copy of a proclamation to all farmers
and dealers in com and meal, and hay, not
to remove the same from their respective ha-
bitations, under pain of death.
Anything else? — Also, for gentlemen of
the country not to remove from their several
habitations, above the distance of 3 miles, un-
der pain of death;— there was likewise an
addr^ to his present m^esty to dismiss his
ministers, and put an end to the war, or
else he must expect, or abide the conse-
quences.
Did any body say any thing upon the sub-
ject of that paper ?— I said it was not a paper
agreeable X6 the plan of reform, and I hoped
I should never see the day when such a thing
should take place.
Do you recollect that Downie said any
thin^? — I am at a loss to know. I said be-
fore I do not know it is a fact that Downie
was there.
Mr. Anstruther. — You collected some mo-
ney at the Water of Lcith society ?— Yes, I
got 15s. from the secretary.
Who was it? — Mr. Binning, he was secre-
tary to the society of the Water of Leith.
Whom did you give it to ? — ^To Mr. Downie.
Why did you give it to him ? — I was in-
formed he was appointed treasurer ; for that
reason I accmmted to him.
Did you pay it to him as treasurer ? — Yes, I
did.
Do you know a lad of the name of Fairley ?
—Yes, I have seen him, I am not well ac-
quainted with him.
Is that tlie Downie that was the treasurer ?
[pointing to the prisoner].
Lcfrd Freiident.^ls he the person that was
present when the first paper was read ? — Yes.
Mr. AnstrtUher, — Do you remember seeing
Downie at Georf^ Ross's? — ^Yes.
Was that a committee night ? — ^Yes.
Who was there?— Mr. Downie, Mr. Walt
and me; I cannot remember whether any
more were.
Where did Fairley come from when he
came there ?— He came from the west coun-
try.
Who sent him to the west cotmtry ?— I do
not know — I cannot say who sent him.
About what time was this ? — I cannot po-
sitively remember ; I think it might be to-
wards the latter end of April
Baron jVorfon.— Can you tell how long it
was after this plan was read? — Some little
time after— I cannot positively say.
Mr. AntirtUher. — Did you see any body pay
Fairley?— No, I did not,— 1 saw Fairley lay
down 15s. upon the table, and he was oraered
to take it up again.
Who ordered it ?— Mr. Downie.
Why ?-*-He laid down 15s. upon the table,
and said he had it for a parcel of pamphlets,
and he left the 15s. and Mr. Downie bid him
take it up a^in.
Did he bid him take it to himself? what
was he to take it up for ? was it for his trou«
ble ? — I cannot say positively, but 1 took it
to be for his trouble.
Was this at a meeting of the committee ?—
Indeed was it.
Did Fairley say any tiling about Paisley ?—
Yes, he did.
What did he say ?— He said it was in a state
of great readiness.
What did he mean by that?— I do not
know what his orders were, I could put no
construction upon it
You put some construction upon IX in your
65]
for High Treason.
own mind ? — I thought it still carrying on the
cause.
Did you ever hear any body talk about
anniug? — No.
About the Friends of the People arming?
— Ko.
Mr. Solicitor Genera/.— Mr. M'Ewan, did
YOU ever hear Watt mention any thing about
t commission from Perth to procure arms ? —
No, I never heard it, but heard him say to
Onock, 4,000 were wanted.
Was Downie present when Walt said he
had a commission from Perth? — I did not
bear Watt say he had a commission, but Watt
said be had 4,000 to send there.
Was Downie present? — No.
Ur.dnMirutker. — Did you see any of these ?
I pointing to the pike heads upon tlie table.]
aw one at Mr. Watt's. I was going upon
some private business.
Do you recollect when Mr. Watt was taken
up f — I cannot positively say.
Did you ever see Mr. Downie after that ?
-Yes.
Where did you see him ? — lie called upon
me at my own house.
Tell me what passed between you and
Downie? — ^I had been before the sheriff, and
Mr. Downie called up to ask if I had been
examined; I said, yes; he desirifd to know
«hat questions I was asked ; I said very few
—that was aU. I only asked what was done
with the money ; the answer was, he save
put to Brown, and part to Martin Todd for
printinz.
Did Ee bid you tell that to any body ?— No,
l-e did not bid me tell any thing of the
kind.
Did he bid you not tell it ?— As far as I can
RooUect what he said was, if he was called
\:ym, he would say he did not know me, and
it I was called upon, I was to say I did not
know him ; I said, by no means, I would do
00 such thing.
Did he say any thing more ?— I remember
DO fartlier conversation taking place.
See if yon can recollect what he said about
Brown amd Martin Todd ?— He said he had
oven money to Martin Todd, Smith, and
Taylor and Brown, for printing of papers : I
Slid that was not the meaning.
Did yo!i know before that that Brown had
?n any money?— No, it was some days be-
kn that he had called upon this Robert Or-
rock. at the Dean, and the two went into my
hm^*- together, and I happened to be at a
*oci*-ty meeting that night; not thinking of
any person there, I went in, and heard Brown
*ay he was employed by Mr. Watt, and paid
b' Mr. Downie; I inquired no farther into
t£e conversation, I was just out of the door.
Did you ever hear any thing about another
convention ? — No.
Now recollect yourself, whether you ever
beard of any other convention that was to
meet? — ^I do not remember any other con-
vcalioa that was to meet
VOL. XXIV.
A. D. 1794. f60
But of the Water of Leith Society?— Not
sir.
Mr. Solicitor General. — Did you ever hear
Downie say any thing of a letter he received,
or Watt received from Perth ?— All I remcm*
her was, Downie saying he had received a
very spirited letter from Perth.
You entered into no farther explanation
about it ?— No.
Did Downie or Watt mention any thing
more about it.? — ^Downie read the letter that
came from Perth.
What was the letter about?— It was about
Mr. Miller in Perth.
What was it? — ^They had some meeting,
and after the meeting he was carried before
the magistrate and examined, whether he
had made a practice to sell them to the
Friends of the People ; he said he would sell
as many as he pleased.
Was it soon after this you heard Downie
say he had received a very spirited letter from
Perth P— I cannot positively say.
. Mr. F(/!rtcAer.— You said Watt read a paper?
—Yes.
Did Downie receive notice such a paper
was to be read P — ^I got none, and never saw
it after that night.
Does it consbt with your knowledge any
other members got it ? — ^I cannot say.
You never had any conversation with Mr.
Downie upon the subject?— Never.
Jury, — ^You said before, you had been in-
formed Brown and Orrock were to be em-
ployed by Watt— what were they to do ? —
Brown and Orrock were employed by Watt.-
What to do?— To make some pikes and
things of that kind.
Mr. Anstruther, — When Watt read the
proclamation, it was not at the same time he
read the plan, I believe ? — No.
Mr. Fletcher. — Who took the chief lead in
the Committee of Ways and Means ? — As far
as I can recollect, I never saw a man put pen
to paper there but Mr. Watt and Mr. Stoke.
Mr. Clerk. — Had you any conversation
with Mr. Watt or Mr. Stoke about it after-
wards ? — ^No.
Did you never mention a syllable of it ?—
No, sir.
Mr. F/e^cAer.— Now, do you believe in your
own mind, that Downie ever meant to carry
into execution the project in Watt's paper ?
— He never said a word to such a purport, as
far as I remember.
PrisoTirr.— [by Mr. Clerk] Whether after
leaving the committee that night, when Watt
read his paper to seize the Castle antl judges
and so on, the prisoner said any thing, in
going homewards along with Ronthrone ?— ■
I cannot remember as to that, but ho said
nothing at the time it was read.
It was after leaving the committee in ?oins;
home with you and Bonthronr .?— 1 rimnot
say, I cannot give an answer to it.
Did you go home with him ^^ -I jm not
certain.
F
67]
34 GEORGE m-
The question is> whether you went home
■with him that night, and whul couversalion
passed ? — I can D 01 recollect*
Jury.— It does not appear whether Downie
aod Vtatt employed Orrock, or Wall otdy.
Whether Downie and Watt employed Or-
f ock, or whether it was Walt only ?— Watt
pah.
Lord Preside nt.-^Did you say Downie paid
Lim ? «— It was Brown 1 heard say he was
employed by Watt, and paid by Downie-
That was by a resolution of the committee ?
—By no means, it must be a fabiicatjon of
his own, as far as I know.
Mr. Clerk* — Did he aeem tahave a serious
wish this plan should be put in execution ? —
^s to his wish I can say nothing about that ;
fts far as I could recollect, he seemed to in-
terline some part of the paper.
Did he ask the coromittee-s opinion upon
k ? — No : I thought he had done, and I spoke
those words, I oid not approve of it, and
Bonthrunc backed me. As soon asl tliuught
it was doue, I said I would not, by any means^
do any thing to disturb ihe peace, or shed the
btood of my countrymen; and Bonthrone
said, by no means.
Tnis never came on again ? — No*
It never was resumed again ? — No,
At any lime after it was read did you un-
derstand it an object the committee was pur-
suing ? — No ; 1 never understood it, for Mr.
Bonthrone opposed itnceatively, and said be
would agree to no such uiing,
Bajron Norton, — I thought you said that
TOU supposed that Fairley, in what he had
Wen doing in the west country^ had beca
doing something relative to tliis plan? —
1 wished to give do opinion ; if I was to
ive an opinion, I woula look upon it in that
ghtf but I know nothing of his reason for
going thcre»
Mr* Clerk. — ^T'hcn you only speak of your
own suspicion? — I would not wisn to give my
opinion.
' .Mr, Bonthrane aworl
Lttrd Advocate. --^WUtTC did you commonly
reside before you were taken into cu&tody ? —
In the new town of Edinburgh.
' Before Whitsimtide,wherc?— In Broughton.
Do you know of the British CooventioQ
Win» dispersed ? — Y'es^ my lord.
Were you a member of any society at
BrouRhton or theNc w Town ?— At Broughton.
Did your society send delegates to thai
convention ? — Yes*
After that convention was dispersed, did
your sociciy continue to meet at all ? — I b©-
I Iicve it dtd for some short time.
Do you know that it did ? — Yes» my lord.
Was there any other committee or convco-
tioo, to wtiich your society sent delegates
•flcr that ?— Yes, my lord.
What was the name of ihalmeetlDKlo whlcb
your sodcty itnl dobgilM t^tht Comoiittcc
oJ UoiotL
I
[68
meet? — At
7Vml of David Do^ftie
Where did that committee
George Koss*3.
That is the Gazetteer-office ? — Yes.
Do you know it to be the Gazetteer-office ?
— It is George Ross's house ; it was said to
be the Gazetteer-ofiice — the Gazetteer-office
is a separate pkce from the house.
Where is it ? — South Bridge.
Do you know a place called Liberty Court?
— 1 know of no such place.
Did you ever attend any of the meetinga
of that committee ?— Yes.
You were a delegate from the Broughloo
Society ? — Yes.
Do you know David Downie^ a goldamith
in Edinburgh ? — Y^s.
Did you ever see that man in that commit-
tee; see if you can find him out now?^
rihe witness looks at the prisoner]. Tcs, my
lord,— he is there.
Did you understand him to be a member
of that coiumitLce? — I understood every per-
son pref^ent to be a member.
At what time did the committee meet oc-
casionally?— I do not recollect the precise
lime.
Were they usually meeting about the time
you were taken into custody ? — 1 know no-
thing of it ; I had led the meeting a moatb
before I was taken into custody.
Did they continue to maet when you gave
them up ? — Yes,
What month was it you gave them up ? —
About tlie'niiddle of April.
Was there any other committee you had
occasion to know any thing about, besides
this Committee of Union? — Yes, there was
another.
Tell the jury what it was?— It was styled
the sub-couimittce.
Of whom did that committee consist, and
who chose it? — They were chosen by the
Committee of Union.
Were the members of the sub-committee
all the members of Uie Committee of UnioD ?
—Yes.
That is to say, the Sub-committee were
chosen a prmdpal committee ? — Yes,
Tell the name of that Sub-committee, and
who those individuals were ? — They consisted
of seven, my lord.
Nante them, if you tan ? — Aitcheson, Burke,
Stokc,^
What was Sloke?— do you know his pro*
fesaion, bb business?^! heard he was a slv^
denA*^M'£wan, Watt, Downie, and myself.
TIkat same Downie?— Yes^ thiut same
Downie.
Where did that Sub-coounittce meet? — la
thai same house.
Ilad you stated nights of sieclijig at thst
commlitec ?-'Ye8, once a week.
Did you ever meet in Wntt*shoiiscf — ^Yes,
Did you ever hear any oth<*r n^une eivefi
that Sub-committeev cjicei>i "^mj?
— I have beard of ooothc-i did
xigt know it; I undccstood it unoci mixi wjtsu^
GSf] M^W Jar High Treason.
What was that olher name yon heard of? —
I read it in a printed paper caikd the Com-
mit Lee of Ways and Means.
And where did you see that pEfer that
called it the Committee of Ways and Means?
** If saw U in the sheriA^s office : I vf2s »howo
il.
Did you ever see that paper in manuscript,
iNsfore you ^aw it there ? — Yes, I saw part of it.
And where did you see it?— In that com*
mittce, of which I was a member.
The circnlar Iclter? — It is called the regu-
lations.
Is ihat like the paper to which you are
alluding F^Yea, begin ning Fundamental Prin-
ciples of the Society,
Did you ever see any other printed paper or
manuscript? — Yes.
Wliat paper was it? Do you rememher the
iroporl or aubstancc or tenor of it?— I do not
recollect the substance, but if I see it^ I know
it.
See if you have seen that in the Sub-com-
loittee. Look at it?— Yes, sir.
Is tlial the paper you saw in manuscript? —
Y'es, part of il; it has perhaps undergone
iome corrections since it went to the press.
Was Downic in company when that paper
s proiluced ? — As to that 1 am not positive
lether he was or not.
Did any of the members leave it before
you left it? — Yes, three leftil before me.
Three before you? — Yes.
W*ho were iliey ?— Ailchesoo, Stoke, and
Burke or Burt.
Did the other three continue to attend ? —
Four, my kird, as I believe I was a week
after.
After whom ?— Th«re were just three in it.
Who was the man that left it immediately
before you ? — Sloke, my lord.
Was Iherc cvtr any money collcoted by Ihat
society ? — Why, yes> we collected a few pence
every evening, in order to defray the ro43m
expense.
Was there any money collected in the so-
detieSy and dvcn to you in that committee,
or to any of the members of it, to your know-
ledge ? — ^I remember once» a very few pence
that I carried to that committee.
From what society ? — From the Broughton
Sode^.
For what purpose was it carried ? — To de-
fray the expense in printing such papers as
these.
Was no other purpose held out in your so-
cietyt for which money was collected ? — I do
not recollect any other purpose, my t^rd, I
remember there was an account owing to Mrs.
Skifving, some demand she had; I suppose
ibe wouJd get some : I do not know she jg^t
any, but a demand was made, or proposeato
bcjEiveo in.
Did any body act as treasurer to the com-
mittee ? — ^There was no treasurer chose.
Did any body act as treasurer to that com-
BUttec to your knowledge ?^Mr. Downie was
D- nn.
[70
ordered to take up a few pence ihat was over
the money due, and I suppose he look up
any money that came to hand^ but was Dot
chosen treasurer.
Do you know any thing of collectors, or
people of that sort ?— I was entirely^way from
the committee before these collectors bad
any meeting at alj.
Did you know they were appointed .''—Yes,
I have heard they were appointed*
Was it in a committee ?— No.
AVas it in your society that you heard it, or
fromany metnberof your society ? — They were
appointed I suppose by the societies.
You only suppose it — do you know it?— I
only speak from my own knowledge.
Mr. Amiruther, — Do you speak from your
own knowledge ?^Ycs, my lord.
Do you know what the duty of those col-
lectors was, or the purpose for which they
were appointed ?^ — I Know little or nothing
at all about the business, because I left
them.
Do you know a little about it; even a little
— tell nothing but what you know?— I be-
lieve it was to see and collect a Jittle money ;
to send a delegate to England, upon any emer-
gency, if I recollect welH
A delegate to be sent to a convention, if
any ? — Yes.
There was no such eonvention before you
left the committee ? — No.
State to the jury, if you recollect, what was
the reason of your leaving that committee ? — -
I ^ve a statement of that the otlier day.
Mr. Anstruthcr, — Those gentlemen did not
hear you.
Lord Advocate. — ^Tell ua nothing but what i»
true. — I wish not to say any thing untrue. — I
gave one reason for leaving it, which was my
removing to another quarter of the town to
teach. X gave no other reason to the com-
mittee, though I had two other reasons, one
of which was, that I thought 1 evidently saw
matters coming to some very great length,-
and that I tiiought I could not remain any]
longer; the other reason I would not choosal
to advance; it is a simple thing, but delicate ; J
it is not respecting the committee^ btitthaf
peace of my own family, my lord. i
I do not ask you about that?— These ara^
aU tlie reasons I had.
You stated you saw things were going ft
length you did not approve, and theretorc
you left it? — ^Tbat was one of the real rea-
sons.
Had you any particular reason for forming^
that opinion ? — Yes I had.
Be so good as to tell tlie jury what it was ? -
—It was a paper that J heard read by one of ^
the Sgb-committee.
What committee?— One of the Sub-com-
tnittec.
Who were present at the meeting of tha-
Sub-committee ivhen this paper was read ?— •
Sloke, WaU> Downie, M*Ewan, and I.
As far as you recollect, what was the iaoL«
71J
34 GEORGE III.
Trial of David Dotonie
[72
port of that paper ?— Which of those persons
i«ad that paper ? — Watt
At far as you recollect, what was the un-
f)rt and substance of that paper?— My lord,
can say very little about the substance; it
raised such a panic in me, I could not sit to
hear it ; I can say veir little about it.
But you must say that little, and you must
say it to the jury.
Mr. AnstnUher, — ^You have sud you recol-
lect little of that paper, it put you into such
an alarm,^now tell the gentlemen what that
was ?— 'It seemed to me, the little I did hear
of it, it seemed to have a kind of hostile ap-
pearance that alarmed me.
Can you recollect what word was in it that
had an hostile appearance P — It mentioned, as
a supposilion, if a number of men could be
collected together for certain purposes.
What were the purposes ?-— If I mistake
not, it was to alarm the soldiery in the Cas-
tle ; that was one thine that struck me in it.
How were they to alarm them ? — I do not
positively recollect, my lord.
What do you recollect ?— That is part of
what I recollect.
What more do you recollect ; give us the
other part of what you recollect ? — I think it
was to seize the guard-house.
What were they to do when they alarmed
the soldiery in the Castle ?— I do not remem-
ber as to that: I think the excise-office. —
What was said in the paper about the excise*
office ? — I do not rememoer a word that was
said about the excise-office, but only to seize
it and the bank.
To seize any thing else ?— I recollect no-
thing farther.
Do you recollect that any body was to be
seized? — Not one.
Were any one person or persons to be
seized ? do you recollect nothing about the
magistrates of Edinburgh being mentioned ?
— I do not. I do not recollect one name being
mentioned.
Were any magistrates mentioned of Edin-
burgh?—I do noC recollect.
Lord Fretidtnt, — Was any thing said about
taking possession of the Castle, or seizing the
Castle, or any thing of that kind ? — If I mis-
take not, that was the intention of the sol-
diery being brouglitdown from the Castle, but
I eannot he positive whether that was really
mentioned or not
You were alarmed ?— Yes, my lord.
The plan alarmed you?— Yes, those things
that I have mentioned.
Wliat did Arthur M^Ewan say after the
Elan was read ?— If I recollect well, he said
e would by no means go on with any thing of
such a nature.
What did you say? — I answered, no, by no
means ; if I recollect well, tliose were the
words I used.
The thing which Arthur M'Ewan said he
would not go into, was the Hune thing to
which you said, no^ no ?— Ye* - *^* no meansi
if I well recollect.
Did any body else say any thing about that ?
— ^I do not remember a word iarther spoke
about it.
Do you mean to say, no more was said
about it ? — ^No more was said about it
What became of it after that? — ItwasifS:''-
mediately placed in a press, in one comer of
the room.
Who were they that were to be collected to
do this?— As to that, there was no person
named, nor place from whence they were to
come.
Who did you understand were to be the
people to execute this? — I was naturallv led to
suppose, my lord, it was meant to be done by
the Friends of the People.
Jury. — ^Where was this meeting held, when
this paper was read?— It was at Mr. Watt's
own house.
Was this upon a committee night ? — ^No, my
lord.
What night was it then ?— If I mistake not,
it was a Thursday evening.
For what purpose did the committee meet
that night? — For the purpose of writing a letter,
if I recollect right.
Now whom was that letter to be written
to ?— I think it was to Mr. Hardy in London.
What was the letter about? — I have en«
tirely forgot; it was an answer to a letter
they had received, but I never had it in my
hand.
Was it about a Convention ? — I never had
the letter in my hand.
Was it a prmtcd letter, or a written letter ?
— I think it was a printed letter.
Is that like it ? Did you hear it read. — Yes.
[The Circular Letter, signed T. Hardy, shown
the witness.]
Is that like it ?— I think so.
Mr. Amtruiher — ^This is a letter upon which
the committee met ; it was a special purpose,
you said before? — ^Yes.
What other conversation was there at that
meeting ? — If I recollect well, there was no
other business for them that evening.
But there was some conversation ? — As to
conversation I remember none, my lord.
Was there, or not, conversation about arm-
ing ? — Not a syllable, as far as I recollect
Was there any conversation about an inva-
sion ? — I remember not a sentence but what I
have told, that passed that evening nor no other
personal conversation.
Do you recollect whether that answer was
or not agreeing to tliat letter ? — I do not recol-
lect.
You wrote an answer.^ — An answer was wrote
that evening.
Wlio was to carry that letter to Hardy ? — ^Was
it to ^0 by post? — ^No, my lord, it was to go by
shipping.
It could not go to the ship without some-
body carrying it— it could not find its way to
the ship ? — I do not know who carried it.
In the committee, was there any partiodar
person pitched upon to take it to the ship?—
There was a person pitched upon to lake it
73] for High Treason.
Wbo was it ?— Mr.Stoke.
What was it in answer to ?— It was, I recol-
lect weUy an answer ' to that letter you have
shown me.
Where did you go afler you hadlefl the com-
mittee ?— We went up the town a little, and
taok some small refreshment, as Stoke was
a2K>ut to leave the place in a day or two.
Who went up the town ?— All the members
that were present.
Where aid you go to? — I take it, it was a
public bouse ; I never was there before, nor
since.
What part of the town was it ?— It was up
above the prison here.
Do you know Forster's Wynd, or Liberton's
Wynd ? — It was the wynd above the gaoL
Did you ever hear of a woman called Mrs.
Mason? — ^Yes.
Was it there ?--Ye8.
Did you ever go there again ? — ^Yes.
Had you any conversation about this paper
with Mr. Watt ?— Not a syUable.
You bad do conversation about it going up
thestreet?— No.
Had you no conversation with Mrs. Mason
iboutit? — No, there seemed to be a stranger
there ; there was a stranger that just came into
our company, a little after we were met; at
least he was so to me.
I think jTOu said you were very much alam>-
ed by hearing this plan read, Mr. Bonthrone?
—Yea.
And you gave as a reason, because you
duMght It an hostile paper?— Yes, it had the
appearance of it.
Dki you determine to continue in the society
tfler t^t, or did you determine to leave it after
that? — I determined to leave the society after
that ; in a day or two after I came to a full re-
sokition.
Did you take any stepa^for announcing that
ftsolutioD to the public ? — Yes, my lord, but I
did not put it in execution.
Now what did you do ?— I intended to adver-
tise, but there was a circumstance in my own
conduct that prevented roe.
What did you mean to advertise ?— That I
wished to drop all connexion with it.
Did you write a few lines ?— Yes.
When did you write it ?~That same week
tint I left the committee, towards the end
ofiL
This was a Thursday ni^ht this meeting was ?
—Yes, my lord, but notwithstanding that I re-
solved^—
Mr. Anstnttker. — ^The meeting was on a
Thursday night, and you wrote your adver-
tisement sometime in the course of the week? —
I think it was.
You are sure you wrote the advertisement
whhiD a few days after the meeting you have
been talking of ?— I believe, my lord, it might
be the following week.
Was it within a few days ? — It was.
Waa what passed at that meeting your rea-
mifer writing that advertisement? — Yes,
that together with other circiuistances.
A. D. 1794.
[74
Read this, and tell me whether that is the
advertisement you wrote ? — ^Yes, my lord, it
was wrote on the Monday evening ; and I
thought I might as well go back on the Tues-
day, and take my leave of them, which I did.
Was this written the day it was dated ? — ^Yes
or I have mistaken the date.
[Papcrread.] '' Mr. Bonthrone to the pub-
" Brougkton, April 31. I William Bon-
throne, teacher in Broughton, a new chosen
member of the Committee of Union, in March
last, and sub- committee ; but, for reasons of
weight with roe, declare, tliati have dropt adl
connexions or communications with said
committees. Wm. Bonthbone."
What did you do with that? — I just laid it
by, as there was a circumstance^ —
I am asking you about that paper ; you
laid it by; did you keep it yourself ?^- Yes.
Did you keep it till you were taken up ? —
I suppose I was perhaps 6 or 7 weeks Uken
up before it was sent for by one of the officers ;
they went to my house ; they got my key ;
the sheriff ordered me to give my kev.
Was it in your house tmtt it was found? —
Yes.
Did the sherifiPs ofiUcer bring that paper ?—
Yes.
Now, you say that paper was written on a
Monday, and you went back on the Tuesday
to the committee ? — ^Yes.
You went back to another meeting of the
Committee ? — Yes.
What did you do there ?— I do not remem-
ber any business that evening.
Did you take leave of them? — Yes, my
lord, I took leave of them, and took leave of
the society of which I was a member.
Did you take leave of the committee and
the society? — ^Yes, both in one week.
Was it the same reason that made you leave
the committee as made you leave the society?
— I gave Uie same reasons.
Had you the same reasons in your own
mind? — Yes.
Do you know a lad of the name of Fairley ?
—Yes.
He is a friend of your's ? — Yes.
He lives at Broughton? — Yes.
An intimate acquaintance of your's ? — Yes.
Mr. Anstruther. Tell me your reason why
you did not publish that advertisement? —
The reason was, because I met with the lad
Fairley, and wrote two or three lines to him ;
and after he went away, he found fault with
ray conduct, because I had left all the com-
mittfcs.
What were the two or three lines about?—
It was to Mr. Watt; I directed him to ad-
vance a few shillings to him, as he was going
to Falkirk to i»ee a sister ; he told me he had
some commission to take.
From whom '—He did not mention the
person.
Who was the commission from?— Mr.
I Watt.
I Who else .'—No other peisoiu
34 GEORGE IIL
What money was he lo get ?*— Purely out
t>f friend si iip.
What money was h be was to advance
him? — I do not recollect, it was a few shil-
lings; which he was to account for on his
return.
Whose money was it? — I suppose if there
was a few shillings in Mr. Downie's hands,
Mr. Walt could give il him.
How wa^ money to come into Downie's
hands?— If there was a few shillings over.
Over what? — Over what we collected for
defraying other charges.
Then It was the committee's money he was
gel? — I sup pose 1 1 so ; I did not understand
lie was to give it out of his own pocket.
Had Downie the keeping of the coromit-
itee*9 money ?— For any thing I know.
Do ntil you know he had it ? — Yes, my lord,
lie had it formerly.
While you continued a member of the
immittee, Mr. Downie had the money? —
iYeSj my lord»
Why was the committee money to be ad-
iced lo the lad Fairley ? I suppose you did
not advance the committee's money to any
unless tlicy were upon your business, — why
was it to be advanced to Fairley ? — It occurred
to me, if Fairley was going to take a commis-
aion from Watt^ he would a^k for a few
I shillings*
^^ Was Fairley going upon the corarailtee'a
^Bftusincss, or Watt's private business ?— I never
^Hlekcd him ; he never told me*
^H How came you to desire the committee's
^^^money to be advanced for private business of
^^BWatt's? — I only desired, as he was sending a
^^^Veomrnission with him, that he would advance
^' a few shillings, to assist him upon his journey,
for which he would account with him.
Why was he to account with Watt, he
ihould have accounted with Downie, — what
money was it you meant he should advance
to Fairley, was it his own money or the com-
mittee's money?— My idea was, it was the
committee's money, iHt was the committee's
business, but that I did not know, he did not
say it was the committee's money.
Do you know if the money was paid to
Fairley ?— I do not know tliat Fairley got a
shilling of it. —
Did Fairley ask you to write again lo Watt
or Downie tor money ? — No.
You never went back to the committees ? —
No, nor no society ; there may be an tneon-
aistency of taking leave of tiiat society and
committee, and writing that line.
Then there would have been no incon-
sistency, if tiiat hne had been about your own
private busmeas ?*-No.
Look at that, tell me if you know any thing
about tliat ?— [showing a paper],— Yes, my
lord,
Vrwi tt-i-^fiWfci tlia» '— YeS.
N tliat from ?— I took it
<r ,, drawn by Uie committee
of liiiioDi ftt ieast a copy that wis diAwn in
Trial qf David Datimie
til at committee was given to mc, and I drew
that from it.
What did you do with that copy ?— If I mis-
take not, it was read in the Brougnton society,
and went from that to another society.
Did you do any thing in the Broughton
society in consequence of this.^ — Yes, tny
lord, there were 2 or 3 delegates chosen, tu
attend the Committee of Union.
Which was the Committee of Ways and
Means ? — ^The Sub-committee*
Whom were they chosen from ? — They were
chosen from the Committee of Union.
How often were they changed ? — The Sub-
committee?
Yes. — ^l*here was no change during my stay.
Was it an open or a secret committee ? —
There was none of them, committees or sub-
committees, open to any one that appeared,
unless they were members.
Was the Sub- commit tee a secret commit-
tee ?— I know oothmg about the name secret
committee.
Was it so in fact, did you let any body in
but yourselves ? — We never all met but one
evenm^, except the first*
I ask whetner you ever let any body into
that committee ?— Any persons that had any
busmcss*
What sort of business ?^Such as a letter to
give. Any body that had business with the
committee came in*
You know what a secret committee means,
do you ? — I do not know what you mean*
But you know what the wortls mean f — Just
such a committee that wishes lo have their
business in secret or private. I mean we had
always our door shut, and no perhons came in
except they had business.
And the Committee of Union was the
same ?— No persons attend, as far as I know
of it, but merabers.
Did you ever hear of such a thing as col-
lector ? — Yes.
Were Uiey for dislricts, or divisions of the
country? — I suppose it would rather be io
numbers.
By saying you suppose, do you mean that
you understood it was to be in numbers ? — Ye^
£ suppose so.
You may as well drop the word suppose ?
— I use the word suppose, because I am not
altogether certain.
Look at that naper, did you ever see a
paper of that size? — 1 have seen that in ma-
nuscript.
Where did you see it ?— I think il was in
the cnmmitlee, when it was wrote*
What committee?— The Sub- committee.
You said, you never all met but once ? — Ye^
my lord^ viz*! he first evening.
Was It on the &ra cveniiig when yo*J saw
that paper ?->That was neither the brst Dor
second*
When was it?— >I do not fecollect the
eveniog*
About wliat time was ilf-^l suppose it
wi
Jot High Tftasonl
A, D. 17W.
[78
Rfiicv
would be abcHjt the fint of Marth^ or there-
•bon^, or April, I thiuk.
Now, in who^ liaiid^ did you see that ma-
nuscript P—Mr, Stoke' s hand.
Wad k written in that committee ? — Yes^
mv lord.
XVho was there when it was written ? — I do
Dot recollect the members ttiat were preisent ;
I outnot recollect^ some oft he members might
V« ;ib^ent.
Which might be absent P^I do not know
who were abseot.
Wt5 it a full meeting, or small meeting? —
' ' fotir ; there were three gone.
ey could not he gone before you saw
ke write that paper ? — I suppose three were
IBDe — two gone, I mean.
00 T04I remember whether the other five
wffc there that night ?— I am not positive.
Was Arthur M*Ewan there ?— He was ab-
n: two utghta.
LHow many times were you at the Sub- com-
I t^i cannot answer to that,
[Wcte you there 10 times? — Perhaps I was
» the half of it.
_THten you were there 4 or 5 times \ — Pos-
wititf I waii.
By po^ibly, you think you were ?— I am
0^ ^* to the number.
be one more or less ? — Yes.
\ou arc sure it mi^ht not be 10 limes ? — It
h uu|)0^ible it could be that, owing to the
ttlBe of my leaving ir.
Till me whether Mr Watt read it?— I do
til,— if I recollect well, there w&s no
thai night, except the answer to
Was this paper read in the committee ?—
WbH l»a» said about it ?— I know nothing
aaj farther than it was wrote, and
|wa* to take the management of it.
[ Wild was to take the management about
I-- About what?
_^Thr Irttrr ^ hich was to go to Han3y, the
fifcraUo^it the Fencibles? — I know no more
than I saw it when it was wrote.
DmI ntibodjf say any thing about it in the
ONBifiitlee } — t do not remember a word,
► Wa» rt a public paper of the committee, or
IprtTate tiling of Mr Stoke's own? — Mr.
* ! Woujght It into the committee.
i ptopik do tiny thing in the committee,
t Hi* 04mimittcc's business?— No.
when Mr, 8toke was writing that
r, ami wtun li*» ri^ad it, It was about the
= ?— I have told every
S
aboiti:
ly.my
Lwbcn
«lMih« I
'Ewan wa^ a I'
U>c con !
to be writing that
'9 business ?--Cer-
• f imagined it was pri-
** in the committee ?
^ ni|E;ht ? — I cannot
s noi, but I think
need, if Burke
ftvmy^ and Vv atwn away and MEwan
they]
not there, then the committee only consi&„
of Walt, Downie, Sluke, and yourself ?— -Ye
Now Stoke was there ? — Yes.
Was any body there besides you and Stokel
— ^Yes.
Were you and Stoke alone ? — ^No, my
I do not think that.
Was anybody there besides Stoke?— The:,
were only two remaining. I am not positive'
What do you think about it ? — I think "
were present, I cannot say for certam.
[The paper read.] This paper is dated, Etli
burgh, 5th of March, 1704.
**The general committee having met, C.
Stoke appointed preses, and citizen Uoberti,,
secretary ; the business commenced, by form
ing a plan of organization for the Friends of
the People in Edinburgh ; citizen Walt pro-
posed to recommend to the diU'erent societies
to choose a permanent committee to sit onc«i
a week; and that they should be a committee'
of 7 to l>e empowered to transact the hu
ness of the Friends of the People; the coi..
mittee to report to the dift'creut societies ; anu
that tliis commiUec recommend to their dift
fcrent societies to choose two or three me
bers for the committee to meet onTuesi.
next, at 7 o'clock, and that they choo&e tSa^
Sub-committee to sit the same evening, and
report to the General Committee."
BJr. Clerk. — You spoke about a paper that
alarmed you much; did you hear such a
paper was to be read, before you went to the
committee that night? — No> I never heard a
ward about it ; the pajjer was just laid by, and
not a word said about it.
it was taken up by Watt, and read ?— YesL^pJ
and then laid up by Watt. jIH
Did you conceive it a proposal made by^"
Watt, for the adoption of the committee?
No, my lord, 1 never viewed it in that
hght.
Inwhathghl did you view it? Was it a
scheme to be put in execution by the com-
mittee?— I dare say, that committee never
would have adopted such a scheme.
I think you said M^Ewan expressed his ab-
horrence at tlie scheme, and you expressed
yourself much to the same purpose ?^I said,
no, DO.
Did you understand these expressions, as
consistent with the opinion of the rest of the
committee ? — As to tne expression, the rest of
the committee did not express approbation or
disapprobation.
Was it a scheme proposed by llie com-
mittee ?— I never looked upon it in ihatligh'
or that it was read with that view ; I kne
nothing of whether Mr. Watt wrote t1
paper.
Did you conceive it merelv as matter of
curiosity ?--I rather considered it as a kind of
phrenzy, my lord.
Did any of the members of the eoromtttee
express any approbation of ihe scheme?--^
None that 1 tecollccl. i
Had yoa any ccnver^fttioQ with Dowtu«
►n or
om-^J
igh^f
neni^H
79]
34 GEORGE m.
Trial qfDaxM Dtmiie
[80
about it ftf\erwanls?^Never ft syllable, as far
I recollect.
Can you affix any reason for that ; for not
conversing with the committee about this
strange paper? — I never was in the committee
but one time aAer ; I never saw Mr. Downie
after, but one day I passed him going to
chuich. I never saw Mr. Downie after that
evening.
Who took the chief lead and direction of
the business of this Sub-committee? — Mr.
Stoke and Mr. Downie wrote any thing they
had occasion to write.
Mr. Afutruther.-^MT. Stoke and Mr. Dow-
nie wrote any thing they had occasion to
write? — ^No, not Mr. Downie.
Mr. Stoke and Mr. Downie you said. — It
was a mistake.
Who was employed by the committee ? — I
do not understand you.
Was Downie an active member of the com-
mittee ? — He was a member.
Did he interfere much in the management
of the business? — No, not anv further than
taking[ a few pence that was brought to the
committee, but never kept any book as I
know of.
Was there much money collected ?— No,
my lord, while I remained there was not.
Could you give a name to it ?^I could not.
Was there 30«. SOf. or 40s.— I could not
give it a name, my lord, on no account.
Was there 100/. collected ?— There might
not be 100/. for me.
Mr. Downie took the whole that was col-
lected?—Yes.
And paid for the room? — Yes, I under-
stood so.
Had you any book ?— No, no book.
No minutes ? — ^No minutes, my lord ; there
was no preses chosen, nor no minutes.
Do you know, from your own personal
knowledge, that Mr. Downie received any
monev at aU?«I know of my own personal
knowledge, that I have seen Mr. Downie take
up a few pence, and jot it down to pay for the
room.
Have you seen any money paid by him ?—
Yes, a few shillings.
Can you tell what was paid to him ? — It
was impossible forme to tell.
I ask you what you know from your own
knowledge ? — I have said I have seen a few
shillings paid in at the time.
And that is all?— Yes.
Mr. AfutnUker, — Were you present at the
Sub-committee on the first of April, do you
remember ?— My lord, I cannot recollect as
to the day, it is impossible.
Do you know Mr. Downie's hand- writing?
— I do not recoUect his hand-writing ; except
in the shcrifPs office, I never saw him write
down what he had, he jot that down for a
fewpence.
Mr; CUrk^^You, say the cause of your
alarm was, they were to cany Ihinss to an
extraordiDaiy length; do you think Uiat Mr.
Downie was one of those who meant to do
so ? — I never understood the measures in that
paper were to be carried to any length at all,
out that paper was just to be thrown by and
destroyed; I never understood that was ever
to appear in that committee again.
I thought you mentioned your reason for
leaving that Sub-committee was, you were
afraid they were going to push measures to
an extraordinary lengtn, diet not you say so ?
— I said it went extraordinary lengths, but I
did not think it was to be carried into exe-
cution.
Was Downie one of the people by whom
you were afraid it would be carried to extraor-
dinary lengths ?— No, sir, I never saw any
thing in Mr. Downie, that gave me the least
occasion for any alarm.
Have you seen Mr. Downie ?— Yes, I have
seen him in different committees and places.
What is your opinion of his disposition ? —
I do not know whether it is a fair question,
my opinion about any body's disposition ; I
do not think it a fair question.
Do you conceive Downie to be a man of a
peaceable, quiet disposition? — I never saw
any thing to the contrary.
Mr. CuUen. — Vou haa no acquaintance but
in the committee? — None.
Were you acquainted with him before you
came into the committee ? — No, I once occa-
sionally was with him, I had no acquaintance
with him.
Mr. Baron Norton, — ^Will you tell us as to
that ^pcr that ^ve you so much alarm, that
you did not thmk was fit to be carried into
execution, can you tell what way it was intro-
duced in the committee ?— To the best of my
recollection, our meeting that evening was to
answer a letter that came from London ; I
know of no other business ; it was to be be-
fore the committee that evening; and Mr.
Watt just took this paper from liis pocket,
or from the press, ana read it, and put it
down.
And did not say a word about it ? — No.
Nor why he read it ? — No.
Nor about what he was going to read ?—
He said he was going to read a paper.
Did he say he nad ever shown it to any per-
son before ? — No, my lord, he did not.
Mr. Gardner sworn.
Mr. Anstruther. — Do you know Mr. Dow-
nie*8 hand- writing ? — ^Yes, and I have a letter
in my pocket, which I received from him
when he was in gaol.
Will you look at that, and tell me whether
it is his hand-writing? — I am certain David
Downie is his hand- writing.
Is the postscript?- -I think the postscript
is, but cannot be sure of it
Look at that ?— It ceruinly is ; I have had
so many ^ears an opportunity of knowing his
hand-writing.
You are sure that is his hand-writing ?—
Yes.
fm" High Tnason.
! riffular letter for
J ask Mf* G;irclner
A.iy.im,
[82
uu aluut U.
Cro^s-exantined.
fr, Cn/f^ii.-^Bc so gocKl tu to look lit the
* letter, and see if the interlining: is
^ 1 hand? — U IS hetler wrulf tliaii he
Fte grwerai : it i% not like the subscrip-
liMH 1 bsvr h.'td from him, I cannot say
whctb**f '■ "- '^' ^'^* K», MPs* ii !^ better wrote
tilftnttTi I by hnn.
tl iivvii as oue of
1 i ks t — V es,
r> cu long a member of
itesocictvf — He imi» been Si or V3 years»
lai hu ietn doing business for me j»ince
Wlist Is yo^tr \f\en of his rhsnicter, as a
nn of fcoc^^^ ' ' I iieni? —
0unikeAll 1^ ^ ^o, I
*' ' 111 in inv u\\n trade,
[J temper and benevo*
ever nad tiny opportu-
rirf ill. It was always iu
i> ^. .-.,„„ f4 business,
attmd honest f — Yes.
i heax A ^uod chiiracter tn the corpo-
>? — V««, 1 al ' (I upon him very
btive ia nao:!^ ^ wa uBairs^ as fnr
il can tee.
PU jpoo t^cr know any thin^ to the con-
Bf^, ftity thmg ag&iinst his character? — I
Ipcr hik ciiuse to say he did any thing
J to mc ; Its to hib private character in
potiicr dealing with the world I could ^ay
* fofit
reUr Mai hit f (jeweller) sworn.
Ur. AMMiruiher.—Do you know Mr, Dow-
mi* bttad writk^j; ?^I do.
Toll f»e If that i% it ? This is Mr. Downie*s
T«il wnt if Ibe postscript is (as hand- wti ting
lksllall»«ft t' iuri;?— 'Yes, lUiinkitis.
To« thlnic c^, } tiiink it is ; 1 am
«fliHl lll# * "^ and tl\ft other i^
^y J (The prisoner
m ^^ ;..- ,^i;<.; and tl>e printed
»-— Mt. DiAvnie was asking mc if I
i IS his hand-wriling,
: Iht ^ ' Iter) I said it was not,
r^lj9 ^ou lliiak it id?^No, 1 do
■^tliiiJiJtiA,
Mr. Jame$ Umnter sworn.
lir. AnMiruiker, — You ore a clerk of the
ioik?'— Yes. iir lAXlt,
00 you fi bill for 15/.
pidMilf.l
Wiit Vmnk Hi. iiuutcr/— The Bank of
j^^rnvkft*
I'onlheback
ptcd by Mr.
Is that the receipt of the person that j
the money ? — Yes, it is.
Is it the practice to put if tn that manner
when he r©ceivt?s it?*-To put received above
his name,
You paid that moncv ?— It appears in my
book to have beui paid the ICth of ApriJ.
Does it sippear jt was paid thed^iy it ;»houI^
be?— II does fjol appear.
Out paid 10 Miller 16/.?— Paid 7lh
Number 11. 15/. 7lh of April,
Six days alter date, pay Waller Millar
advised by Wm, M.
To the Treamter ojtht Bank of Scotland.
Indur^d — Pay the witbin to I he urder o!
David Downie,
Clerk of Arrawns, — This letter is dircctc
to Mr. Walter Miller, rare of Mr, Peter Crai^
jkt Mr. Itobert Wbyie% merchant* Ur|[;l|
Street, Perth. Tliis letter is dated, " Edii^l
burgh, 9tlj April, 17Q4,
** Sir, — I would have wrote you yesterdjj
on receipt of yours, containing the bill of 15*
sterling on the Bank of ScoUaJtd; but hj
your omitting to send me your address, waf J
prevented; and finding nobody here wh<|l
could inform me, r^ there are so many of |
your name at Perth, I direct lhi> letter to'thq
care of a person who, 1 was informed, would
not neglect the first opportunity of transmit*
ting it to you, t
'* The committee, to whom I showed your'$
and its contents last night at their meeting,
empowers me to transmit to you, and nil their
friends, their hearty thanks for so liberal a. \
remiltanee, and to assure you, it will be ap-
plied to the most proper ends in view,
** There are no tetters from L. as yet, biif \
you will see in the l^ndon papers mention
made of holding the Convention.
" Wc have had here an aflfray of a very sc-
riotis nature at the Theatre, on Monday last,
the occasion of which was this :
**■ There was a trago«ly lo be performed of |
the name of Charles the first. The plriy be-*
gan, and was going on witli the rrreaiest l»ar-
mony and dec*orum, when some furious .Aris-
totrats, wanting, no doubts to trj' the di sposi^
lion of the people, called out for lh»» tune of
Got! save the king. The tunc was ju^t be*
f tinning, when iin universal hiss, mixed with
amcnlable murmurs, pcrv;ubjd all over the
house; and ttie soii!iof the ftdille were obliged
lo desist, and they played l!>c tune of .Mag'jjy*
Lauder, whirb met with mn versa! ap[>Iause.
The discomfited Aristocrat?*, not knowing
what to do, m order to efiect tlieir ptirposfr,
called in the Fenciblcs in the Cnsile, with
their olhcers, and then desired the royal song-
to be again attempted, when, meeting with
the same treatment as befort, the officers
drew their swords, and the soldiers their in-
struments of dealli, to deter the unarmed
multitude from opposing the aofigof thcit
G
m
Si GEORGE III.
Trial of David Dtywnie
[ftt
llOYal master ; and these heroes wcnl to such
in length, as to cut and maim several people In
I4hc fit, ^'ho refused to take otV Iheir hats as
*the tune was going ou, I am sorry to say
Itliat some of our "best friends have been
[t>ruis€d very severely After the tune was
f over, the play went on as if iiolhmg had hap-
ffcncd ;— none of the newspapers here take
fmny notice of this. We have also a report
; the Fencihles just now in the Frith have
been very tuibulent, and that an armed boat
ivas sent to overawe them, and to reduce
l-thcm to subjection ; and that the Sans Cu-
I iultes liired some balls into the boat, when it
Iftlk ought proper to sheer off- We have re-
l ceived news this day of orders being given to
^ttop the recruiting, and we have some reason
ifo believe it, its it cttnie from one of our
|))aillies.
" We propose to send you a parcel by the
^ carrier. Will you be pleased to 5end us your
address as this comrs to hand. I am, your
very humble servant^ Davio Downie,
" Edinburgh, 9th April, 17D4.
«* P* S. We are happy to have it in our
Lnower to assure you from onr information
Ftrom England, and different parts of Scotland, \
I that the Tate proseculionj*, insieud of retarding
'have atccliTaled the great cause of freedom.
** They have in aifranks created the desire
i of knowledge, of course increased the number
offriends* If we can» iherctore, judge from
.our a&surances, the day is not far distant,
^nvhen the people shall, as the^' should, be Iri-
[ vmpbant over the enemies of our country/'
Mr. AnUruthcr, The gentlemen of the
I jury will understand the body of the letter is
f "V-Titlen by a clerk, or somebody or other, and
signed by David Downie. The postscript is
' writlen by Downie himself.
[Another paper read]*
This begins, " — Sir, Last night at a meet-
ing of the F of the P in Edin-
burghf a motion was presented by citizen
' \\ ihiam Robertson, in consequence of a re-
l^re^entation from ciliy^n David Hunter, tlat
you wished to be informed of the state of the
public spirit in the city, and that you likewise
llcstred to have some Hibscriplion papers for-
tvarded to you j whereupon it was resolved,
that the sub-committee should be authorized
to VT *^ and while they transmit you
the u papers^ rwjuesied to inform
you u; ;,.x ^jnc time, that tne ^ipir^' * *'^' t-
uom, notwilhstundmg all the unc(>i ^
mensures latel> adujited, IS hy no i. i-
prcshed, but» like a lire attempted to be ^mo-
thcred, m(n'af«;>» tcnlald, and will ere long
cotifiume nil lliosc who attempt to extin-
guish it,
** There are msn which we may
wjjili to write, wlr.. , , in the present
criBia^ It would bu a:ij)Uidt:nt to com mil U)
• ^jier. Wc ihdil therefore conclude with
wi^kmg tn iucrcsae to the number of tim
real friends of freedom all over the glohe^ auti
of the friends of constitutional reform in tliis
island in particular.
" When you, or any of the worthy mem-
bers of your association, have business thia
way^ we shall be happy to see you. Societies
of the F. of the P. meet every night, except
Saturday and Sunday, either at C. Robertson's
school, Symon's square,— Philips' bchool^Cal-
ton, or C. George koss*s, Liberty-court, South
Bridge.
*' In the name of the Edinburgh Commit-
lee of the Society of the F. of the P. 1 am/'
Clerk ^'Arraigns, — There is no subscrip-
tion.
*' P, S, Either on Saturday, or at farthest
on Tuesday next, you may expect the fir&t
number of the new Gazetteer, which will then
begin to be published in the spirit of the old.
Lest tJie proprietors should fall short of funds
to pay the stamp duties, it is proposed that
every subscriber should pay per advance, —
Subscriptions by C George Hos5, Garettcer-
ofljce, South Bridge, who will grant receipts
for the money,
" Sub-Committee, April 1st*
" Resolved, thatlVIr Reid the former trea-
surer be rcf^uestcd to continue in his office,
subject to the restrictions to be hereafter laid
down.
" Resolved, that till his determination be
known, C D, be requested to lake charge of
the monies whiich may be received by the
cotiunittee this evening*
'* Minutes.
" Report of the Committee of Correspon-
dence given in*
" From the Canongate Society, No. 3, re-
ceived the sum of one pound ten shillings and
tliree pence halfpenny, which is hereby placed
to their credit. David Dcwwie,
*' Regulations of the sub-committee with
respect to the treasurer. Aoril 1st, 1794.
** All monies tliat shall oe paid into the
trcifcsurer's Viands, from this day, shall be ap-
phed to *uch purposes only as the Committee
of Ways and Means for the time being sh all
direct.
" The treasurer shall give a receipt to th«
^aid committee, for what monies he Koay have
received from them.
'* The treasurer shall not give up any part
of the ha id monies, on any pretext, except
on a requisition sijzntd by tour members of
Uie sub comniitlce, and specifying the sum
wanted.**
Priiontr, — ^Gentleroen of the uirv : — Vcm
will observe th<it is not my f ng,
except the rcrript for the moi- vA
tcj show it. 1 lie receipt for nioncy is tny
hand-writ itif^. ! nr knowledge to have re*
ceived' ^my hjUid*wriUiig
only; loy hand but '
receipt Iq* Uic money.
m
JhfT High Treasoi
Willi&m hockhart swom.
Lard AdvocAte. — Do you koow a man of
tbe BUBe of Uobrrt Watt ?--Y€9.
Where diJ he reside ? — Norlh-Bridgc-Closc.
Yo« Are shcrifTs clerk ? — Yc5.
Vott hiul a warranl from the shcriif to
March WaU*s house ? — Yes, to scarcy» for
tome epodd sUegcd to be secreted there*
DidVoiSSO^— Yes.
Who wma there?— There was Mr, Miller.
Bcmember what time of the day it was ? —
ll»i5lhofMay.
WhaH time of day ? — Id Uic aflemooo.
nil! % i>u (iad the goods i — Yes.
house ?^ — Yes.
jury what you found, and what
jwi dial Uicfe } — ^1 found some pikes there.
IM us »ee ihero ?— [Producing; the pikesT.
Tbmm twelve I found in a locked up press, in
ti» eoortc of roy search : I tuuk one up to
Ihr Shfffflff Cictk's office^ and informed Irim of
iltiad be ^tve me a warrant ; I carried it to
Watt*iy ihq Watt was conic into the house,
aai be vas taken up to the shcriiTs office.
Did you jgo back that evening .1 second
liar, or third time? — Yes, I did; I went
ledt belw*f«o twelve and one tliat night, to
lecnn: the wiodows of the house,
^l>jil ypu make anv farther search ?— Yes, I
m elosct that I had not been in, in
BT senrcb, and we searched the cio&et,
I there I Ibuod some more.
did you find ?— I found other two of
\ kiod, end thoN? two, and this pole.
_fDid you try whether they fitted with that
filtl-^ fried than before they came out of
Tiy teoi a^aie, and see if they fit?—
[Thei be screwed on the halbert head].
Did you try the other f— Yes.
(Ihc« be tries on tlic large one, which fitted
is iIm MmeKrow, and on tbe same pole].
Cmri, — What i«j the use of that thing you
I m your hand n<iiv n^>bin il ? — A smiilt
hendle it 1 into, to go upon a
^ck or , or to go over the
iBf of the ftatT wit^i the screw, without
imewtBEOCi ; it slip-^ on th:it p:<rt, :\u^\ comes
dy lowr J of the
dbchai)- L fued.
Adtveuit\ " \\ iivii wifci* tluue with
I ? — Tbcy were carritd to Sheriff Clerk's
Dki aoy tluog elic ippeei proper to be car-
!^ ' "' rtf Cierk's office, that ^^y or the
c wea a fount of types found the |
Croi»*e:iamiuation.
Ifr. Ckwhf^?imj were you wni to searth
«. fhfmwktf^ th** nriiont r*-. Iiou^e ?— Ycfi,
Did you fi -No, sir.
Z^rrf jidki ^ >.crw4ail? —
^ :aaaideiilik iuue aUcr.
A. D. 1794f. [86
William Middieton sworn-
^ You arc a sheriiTg officer in Edinburgh ?-
Do you recollect bciny: employed to search
the house of Robert Watt?-^Ye^, on the
evening of the 15lh day of May.
Who was employed in that ^arch with
you?— Mr. William' Lockhart,
What was the purport of that warrant? —
The purport of that warrant was 10 seiu-ch for
some ijaods secreted there, belonging lo a
haudulent bankrupt.
Were they found ?— They were found in a
cellar, coming into the dining room of WaU*8
house.
Where were these spears ?— The door was
locked where they were. It was opened by
the smith that had previously opened the
place where the bankrupl*s goods were se-
creted; I took one in my hand, and Mr.
Lorkhart said he thought it a dangerous in-
strument; it looked very uncommon; he
thought it dangerous, and asked if there
were more ; [ said yes ; on laying Ihem down
on the carpet, tticre were VI
Did you malce any other tearch ? — Yes, upon
the second time, we went in upon the second
flat of Mr, Walt's house, ihiukjug we had net
went too narrowly to wurk— we searched f.ir-
Iher— we found two more pike^, two baltli
axes, and a shaft— these are them.
Did you try them to the top ?— Yea,
Aod'did they fit? — Yes.
Did you make any farther srnrch aAei
pikes ?— Yes, I went lo Robert Orrock, the'
smith, at Dean. I had a warrant irom the
sheriff.
What was it to do ?— To search for spears.
Did you find any ?— I found twu or thn
and thirty of the same kind; those are the
instrumeuts thai were found in the smidd
of Robert Orrock, the smith at Dean.
And in an unfioislied stale ? — Mostly in
unfinbhed state.
Two or tliree atid thirty ? — Yes, I am noi
positive of the number.
What did you do then? — They were
brought to the 5 he rifle's office, and' lodgei
there, and Orrock brought a prisoner aJoiii ^
with thcra.
Cross-examination.
Do you recollect w he u yuu searched Watt's
House? — It was in the evening of the 15lh
day of May.
Was that towards the end of the week? —
About Thursday.
Did not you afterwards search Dowme*s}
—Yes. ii
J low long afVer? — I think about the
turday after.
Arc you sure it was not upon the Friday you
searched Walt's hnusc? — ^No, sir.
Did you 6nd any Hung in Downie's house?
— No, sir ; but ilicrc wan a «slaie he ^ahI he |
h;*d kept a journal upon, for the money under
his hands.
S^ G£ORG£ III.
lif you found any pikes there?— No,
J of the kind.
Ijcii was it you searched Dowme*s I — I
caniiol positively say.
Wtts n the same uight you searched Wall's?
— NOj 1 am pusilive it was not.
Was Lockliart with you? — Yes it was the
same rtay Itiat Lockharl aod Dingle %vcre
searching Wall's house^ I was pre&ent with
them.
AJargaret Wkiiecrou sworn.
Lord Advocttfe. — Do you know David
Downic, the goidsmilbr i^ thai him there? —
Ves.
Were you in his service last winter ? — Yes, I
was.
What lime did you leave his service?— At
Whitsuntide
Have yoti seen any thing like that before >
i r showing the witness the pike head \ — Yes, I
[ pave.
Where did you sec il ?— In Mr. Downie's
ilining-room.
Was that before the term? — I think it was
a ?reat while before the term.
When did yuu we it ? -1 tiaw it in the morn-
ing, when Twent Ut dujsl Ihe dining-room.
What lime?— t beUcve it was about 6
o'clock in the mormng.
Did you ever have any conversation with
jrour master about it ? — His son came and took
It away*
. there any conversation between your
iter and mistress about it ? — She asked him
; he hud done wilh the dividing knife.
Did he say wfiether he had got the dividing
knife ?— She a^sked Mr. Downie what became
of the dividing knife dial Charles found in
tlje dining room.
What did he say ? — I believe he said he had
locked il by.
Had there been any body the night before
• in yonr master's house at supper ? — No.
Who let your master in that night?—
\ I did.
Was it late ? — I cannot be certain ; I had
been m bed.
Wm it four o'clock ?— I believe it wa^ ; the
«iou came out iVom hi^ bed-closet in the mom*
tng, as soon us he heard me in t)ic room.
And took up this knife ?^ — Yes.
I^thni In* thing Mrs. Downie called the
divi< —I am not certain.
Dm V who brought it there ?— No,
I cannot say.
Court. — Did the son take it awa^ frofQ
jruur owo haiid?»NOf I iuui it noi io my
hand.
Did your ma«(ter tay any thins about it,
\ mhcu he camr- in Jate at night ? — No, sir.
Dt ' r.tr your m.ister propose
. tikii I the kind wiU) him at
[m^U' -■• \',.
11 when be came
,^ in^ iM vjM.iv.-i — :-,uMi> but not much.
Qti he took il away ?— Yes.
Trial of David Dtmnie
[»d
-Had Mr.Charles» tbe son,
his fatlier that night ?—
Lvrd Pre^idfuL'
been out with
No.
Where did the son carry it to when he took
it away? — I cannot say, h« took it into the
I closet.
Who asked Mr. Downie what he liad done
wilh the dividins; knife? — Mrs Downa* asked
him whnt he iiad done with the dividing
. knife that the son liad m hi$ hand.
What did he say f^Ht said he had locked
it by.
Lord President, — When was ihe nuestioa
asked at Downie ? — Sometime after ; i cannot
just recollect whether it was tiie tame day or
uo.
I Did Mr Downie pay any thing more abaut
dial dividing knile? — Ucdid nul say it was
not ;i dividing knite
Prav did yoti think Mr. Dgwnle was speak-
iiiE cd'an in^trumoul like tliat, when he was
talking of a dividing knite?— Nu.
Did yon know what he was speaking of?—
I did nut know.
Are yuu sure the instrument you saw was
hke this ? -To the best of my knowleilge I
think it was.
Had it such a thing as this and that ?
[Poinlmg to the axe ana houk parts.] 1 think
It had, but I hud it not in my band.
When did you see it ?— A\ 6 ucior k.
I Did you lake a good look at it ?— Not a
I very j;uod Itntk.
I Did you think what it was at t'" +■ ' - — I
j never had seen ?.uch a isu-go divi.
Would you lake that lor a divnjkii^ i^,,..,. / —
I I cannot say.
Pray is not your master a dealer tn old
blades of swords, and di0mnt insinimejita ?
— No, sir.
Mr, C«//fn, — Had not he a working fbr-
nace? — A snt.dl working mmace.
Were you looking at it when the son camo
and touk it up ?— No^ sir.
Did tie go to hiB betl again after he took It
up? — 1 iaiHKjl say, lir.
Court.- Did he beein to Imvc any other bit*
sincsji in the ;«>oai than takini; up the knife?
— [ did not &ee uny other In ' < had^
Did you never tell your about
a lhm|» of that kiiid^-tiji neigh-
bours happcnc-d to he f»pt- > t it. I
do not rrxoUccl ; tliey wiiu .,__.. li;^ about
something, and I happened to be spe&klog
about it. "
It d)d not *»trlke you» you had seen a thing
of that kind biiiore'? — No, sir I did not Ikuiiik
much of It.
Lard Prtiident — Hod you been in the
room, the in . ?^ Yes.
Were yun - 1 could not recolleet*!
'■ I Mff were you in tl)atrooiii|
i-nu i:, ■ ti.Lily 5iip in ihc room?—! caaOOl ]
say.
U ihai ;Uc iyc^i^i lUcy ci^uiaa&uly ^t i
Ycf,
f^ High l^eason.
\ not |tpil ^ ' bcoQ m bed bcfbre
Ntf master cai ^ . c^*
llr. Cuikn* — Did you let your master in
'Wbcndj 1 ^ s serviced— At
' " Tcd before
iiy wages,
-I ..^u -iven good
I" fore I went; I then
iir. -,. , . .tier place, and my
ifite ft day or iwo before the term,
tiur;sy; and my mistress would
A. D. list.
[90
''£Si.
-SJie 5iiys her Imthcr came two days
' took her away.
rW*: . iljer cause? — No, aad I
pd my Lr:!»2 ixi gc\ another place.
rUitlMr^ Downie itnd fault with your con-
io any other parlicular?— No tir, not
L I koQW ai\
Rvhcrt Or rock sworn*
^..r..-,t..*. Generate — You live at tlie
' — A I Dean,
lumber of I he Brititih Con-
oiion in;i ! winter?— Yes.
' You 1PCI ' I tt to it ?— Yes.
iJkf^a know ih4.t tht! Briiibh Convention
"^ 1 ikipersed by the niagiwtnites I — Yes,
Aiitr tliat, Jo you know of a comniitice
i tfifiointed and meeting f-^l know that
? wm% but it was a good time after that.
► liow kfog after ? — 1 cannot say.
Wo«t|(l it he a month or u% weeks ^—«Cer-
J it woa mnrc than ibat.
,Aifi(e«ti] It Id?— There ware some
.1,
Li of such a thing as a
'—Ye*.
i Wi^ w ..«,.^-, .- .. i^l do not know.
Il0 jon know ^ay of them at all ?— Yes.
Wcf^ they chosen from oihcr societies ? —
Ifcit liwii lather locietics There were diffe-
\ ^bosen; anme cha«« more than one
kfj fUpfiQie two or three ; but, m point of
"Tiiig w(jo the lueitibers were^ there wer«
*rfy lew titat 1 lor my part kut-w |»crfoctly,
bill Ilif-rT* »-&• fium tiiat society that I cainc
kmti, I 'T of lA'ith, there were Mf.
iMh«j n, and ^Vdiiam Farquharson,
Wlvii^ae?— adx. Watt. Mr. I>ownic, Mr.
Wc» you vounelf a member of llial com-
g|_y.: I ......
Wherr ( umittcc meet when th«
ittr -> _ _ —I do not know whellier
1 >ut our society met, and dele-
Itfi'
lalf— At Goorgt^ Rosa's,
If pTiMcnt Hi mure than one
fcikii^:'— I «ru» prr^nt ^ many — at difte-
otte^. I was not prcs*eat every nii^ht
utieii from huiiiiess i could not get to
} yini thcra whrn there waft aoy con-
i almil arming f-« Yes I waa.
''eti ns what was eaidf and who said it?^
It is rather a thing that ballks me — you
speaking to me.
Be lo good to tell what passed at this com*
mittee f--l was reading the nemrstMipera ;
there were ditibreot ooaa reading the pajp^r,
and I myself for one.
Mention who it wag f-*-l will mantion it
whiin I have time.
Tell your own story, it is best.— That is
best. There were different ones reading
the paper, and I myself for one, as I said
before ; there was great talk.in the papar nf
a French invasion ; there was likewise said^
but positively by whom 1 could not say, I
fiuppofce it was by Mr. Watt, as I told you be-
fore, that there were arms come down to iKt
Goldsmiths-hall gentlemen; that was the
words as near as I can say; I think Mr, Watt
was the person that said so* Some one ther«
said that we had better apply fur arms, and it
was said again, by whom \ cannot say, there
need no apnUcation : for, if the I'liends of the
Peopb applied to government* they would get
none. It was then said, 1 believe by Mr;
Watt, I could not, as I have now ^worn, say
he was the [)er^on, that there was no law in
exifitence lo hinder us from getting arms for
the defence a( the country ; at the lime upon
which I was saying this conversation passed,
I said [ would make one. \
What kind of arms ? — ^Thcre is the slicfc.
What passed in the rommittee upon it f—
There was no more passed.
You said you would make one of them?
What did you mean by tliem ?^ — What tliey
had mentioned, to wit, weapons,
Wiiat did they cali them ?- -I could not po-
sitively i<aT that; they said they weie pikea,
and I said [ would make a weapon ihr myKlf*
which I accordmgiy did somriimc aflof, —
tins was a considerable time afltr.
Tell now who were present. Was Downie
pres^cnt at thi$ meeting of the committee ? —
Yes Mr. Dow Die, Mr, M*twan, Mr. Bon-
throne.
And were any more? — I do not recollect
who cIms was present, there were more peo-
ple, tint thefo were people there I never saiw,
iuid did not know their names-^ there wa«
wa.H very little said.
You Hccordiui^ly made such a weapon?—
Yes I did. Upon n^aking it Mr, Wall CMtt#
to the Water oi t^eilU, and he sent for me —
I was bus^y working at home s»l the lini^; I
did not go the first lime— there came down a
per'^oti at; tin» and I wet*! to the Water of
Leilh wheit I lelt work, and I a^kcd who sent
for me; I luund it wa» Mr Watt, and be
asked me il I had ituide buch a weapon.
He see^vf'd lo understand what 4t wae,— *
What did yc*u say ?* -I told him I had.
WhiU kind of wei*poti was it that you made
for yourH*»ir; like one of ihehc ? — No, like
nofM/ of \hiTin. j
Wlmt did Watt say ?--Make a knife lik» m I
point of a tword, — it was a thick back wcwl |
thin edge,— it was liharp on ^iVv »^^ -^ '^^
^l^bhfe.
91]
Si GEOUGK IIL
Trial of David Do/oinic
l^
poinV-it was sharp at the point on both sides
about an inch.
That was- the weapon you made for your>
»elf,*"Mr; Watt said would not so and so be
better?— I did not f«how it Watt, he only
heard by representation what the weapon was
like, before I showed him he understood
what sort of weapon I had made, and of
course said that would do better.
Did he make a drawing any thing hke it ?
— As far as I saw he did not upon paper, but
the table was wet, and he niade it of that
figure. He desired me not only to make it,
but he desired after this was made according
to his directions, I was to carrv that I made
for myself, and tlie other to the committee,
and accordin^y I did make and carry it ;
that is the very thin^ I made to his directions.
—After 1 bad made it, i was in the Committee
of Union.
Did you produce the two weapons in the
committee or the other room ? — In the otlier
foom.
Who desired you to come there ? — A lad
came to me, I am' sure I couJd not rccoHect
his name ; I produced them in the other com-
mittee, not the Committee of Union.
What ^o you call the Committee of Union ?
— It was the Sub-Committee* There was
Watt, Downie, Bonthrone, M*Ewan, and
another man I did not know.
Are you acquainted with Mr Stoke I — Mr.
Stoke was not there, and I omitted that last
night too.
You speak every thing that is true now ? —
Yes ; there was a man there, one Edward
Wright, I saw giving money to Mr. Downic ;
I could not say whether he was getting or
giving, but the one or the other was the
transaction ; I saw money passing.
At tins Suli-Committee you produced the
two weapons? — Yes.
Explain all that was done?— He said it was
loo &liort here [pointing to a particular part.]
Too short where ? — Too short in the curve,
the name that was given !o it, and too short
on the other bide, but of the same shape.
It was too short in the curve, and too short
on the other sidef — The other man tliat
was there drew one longer at both ends upon
a paper, and Mr. Walt and Mr Downie both
aaid, you will keep that in your eye, and make
them in that same form.
You were desired to make some more ? —
They asked mc what would be the price.
Who asked you?*-Mr. Watt: after tliat,
Mr. Downie said not a word, be spoke no
more, and the conversation was carried on
by Watt, it was not long, it was a few mi-
nutes. Watt said, what is the price of them ?
1 aald^ I cannot say ; I had only made that on
the stick, and this part of it; I had not made
any more of them, I det^ired lo go out, which
I did, and I went into the other room, and
he told me, sa>s hc^ >ou will make a few of
these— Mr. Watt said,— the word wjts without
EO^ number,— as i wy,— I had given no
price, he likewise' la^^ lue do Quinbcri-* he
just came in when £ was going away home
and Mr. Downie along with him. \
Was Downie with you, when Mr. Wi
gave you orders to make a few ? — Yes, «ay
he, make a few.
Where was this ? — ^I was where I was seat
for.
Mr. Solicitor Genera/.— It was in the Con _
mittee of Ways and Means the pikes were'
produced, he was desired to leave that, and
go to the other, and he was told by Watt, and
Downie was witli him, to make a few.
Did you sel about making Uiem after this?
— Some few days after.
You set about executing your comnussiDB,
in short ? — Ye*, a few days after.
There was no number mentioned? — ^N»
number.
And no price fixed f — There was no price
fixed. ,^j
Did Mr. Watt, or any body else, come t#flH
you?— Mr. Wattdid afterwards come to my shop, ^ "
You accordingly made them under Mr,
Watt's order ?-*-Yes-
What did he say f-^Ue asked me if I had
made them, or was making tbem^ accordmg
to his order ; I told him 1 had begun, but
had done very little; says he, what is the
reason ? says 1, my servant is gone away from
me, and the other lad and I have other jobs
going on.
How many did you make ?— The* order wai
given this time.
How many ? — Says he, you will make ^ or
3 dozen of the cross pikes.
And did he order ^ny of the plain pikes ?—
No, not at that time.
Look at these ? — Yes, these arc the very
ones I made.
Mr. J/wfrw<Acr.— What was the Committee
of Union fSr?— The Committee of UnioiF I
suspected was for no other reason than peti-
tioning parhament.
Was it not about a convention ? — Yes.
You were to have a convention, were not
you ? — Yes, it was always said there was
be a convention ; I never tliought it was to
for any thing, but to collect money for
payment of the c\penses of the delega^
that was all-
Ourf .— Were you paid by any body ?—
I was paid, not then : I suspected Watt to 1
my pay-roaster, but M*Ewan came lo me th
night, and said, I was to be paid by M
Downie, and he was to pay mc the witole I
had the commission for, which was 5 dozen
he brought me that word.
Did you ever goto Downie^s in consei
of that order ?— -No.
You made those pikes in consequence of
that order? — ^The only order, when Downie
was present, was only to make a few.
Cottr^.—You say now to uiiikc two or tbi
do«en. Hobert Orrock, I beg you will
attention, for you said " only a tew.*'
Did you ever go to Mr. Downie ?— *No
Did you ever deliver any to Mr. Watt h*~
No more than the two to Xht rommitlce.
99)
Jin- High Trtason.
A.D. 1794.
[94
Yoo were a member? — Vcs, Mr, VVaiUle-
*^rod before I wcul a^ray ; he said* be so good
SI tolflsire TQur stick, and that weapon with
ID0 all bi;;ht,»-that oight that Mr, Downie
ina preteoL
Did you Icai^e the slick and pike? — Yes, I
kit llii»atidlh« olherooe, I never saw it after*
DH yuiA ever deliver any other ?— Never
Tktf were seixed before you delivered your
order f<-4ie deiiredtnct to leave that with him
•U ai^bl, aad the stick. I never saw him
ate.
Wiiliam Brown sworn.
Mr. Aiutruthcr,"'Mr. Crown, had you ever
ao order to make atiy of tUc^e Ihing!}? — Yes.
D«d you ever make any ?— Yes,
How m;ir)y did you nmkc?- — I made 14 of
eltet Mti4, and one like this.
Sfaov wbich ? —I m.ide fuurteeu of tliat
Jdai, sr;^ ^*^ *' *^ :t, [the single spear U,
tWoil :]^
Oi4 ' '- r^*^s ?— Yes, I look
I II I 1 1 III noon; Mr. Watt,
I I i. tuii me he was sorry
lit Ind > f^iy me ; I told hirn I
net y; he seemed as if he
bofTuw the tuoiiey — he aaid Mr. Dew-
i wouJd pay me ; he gave me a line to Mr»
Nrutc lu pay nic.
Buw much ? — Twenl^two shillings and six>
thai was the price of 14 of thcsei and
LWbatwas tbe plain long ones ?— Fifteen
'Ivc sluliings.
it: line? — ^Fhc line
^y ute 2 'if, 6d. and I
riiilwa^ :' *'
r. C^rrA
^Jbr Mr. i^>urtu.r.
I to aroixml for it
there no other order?— No order
titwaa lor*
1 jfiou any conversation about it with Mr.
tlofniie?**! am not certain but lidr. Downie
■igiilhtve a&kcd me how Mr. Watt was, but
Ibm «aa oo altercation between Mr. Downie
ad ac. I got the money upon Mr. Waifs
hmt,
tou did not say tf^ Downie what it was
fcil— Iftib ii«i>»^ : iiie.
Citi^ v^tion.
Mf. Cier lb-*Did Downtct ask you what tbe
for? -No, he did not.
Mr' dmtiruihrr.^y OUT evidence is this —
Ave you an order upon Downie, and
lit |iftKl y Oil t^iG money ; is not that tt i
—Til,
Diwmie paid yeu the money P—Yc^.
Wit Ham H(atiim sworn.
Mr. ^ajlrwirr.— Do you know tliai Reo-
Utmaii tliat it utiting there between those
^pa tol<iier> f — Y r^, * i >
\n*M ts tl»lg' ! . Downie.
yoii ever il the Fcuci-
9^r— Y0% w*
■>«atli
Did yon ev(?r sec tlmt gentleman at Mr,
Ritchie's shop door? — Yes, as I was going
by,
Where is Ritchie's shop. — In the La^
Market. I heard of the paper, and I wai
anxious to see it.
What uaper ?— That paper, an address to
the Fenciules,
Is that ihp r^^'^^r you were inquiring after I
—-Yes, at tlie one I saw : I asked
him if he r . — - ^ly my curiosity to see
Eaper of the kind i had heard of; and he ss ,
e could not, but if I would follow him dowa
the street, he would get me one ; and
carried me to Mr. Watfs; we went down,
there, but we did not i^et it there; then w»
went to Mr. Kennedy, and the name ofj
Montgomery was upon tbe door at the Southri
Bridge,
What passed there I — Mr, Downie weni
into the tack shop of Mr* Kennedy, and
little time after that 1 followed, and Mr,
Kennedy gave them me.
Gave you what?— These papers.
Was Downie there when he gave Ihem
you ? — Yes.
Tell us how he gave them you?— -Mi\j*
Downie, after he gave them me, took thena'.
out of my hand, and threw them down upoa
the floor, for fear any evil might accrue
Mr. Kennedy,
What more ? — He bid me take them up.
Did he say any thing else to you? — N<
onlv to say I found them.
Was there one or two of these papers ?-
No, there was a good u umber of ihem.
Was there a good number of ihcin ? — ^There*
was upwards of twenty of them; I did nol
number thetn*
For fear any harm should accrue to Mr,
Kennedy, what did you do with them ? — I
gave them to several of my acquaintances,
Where?— In Dalkeith.
Were the liopctouu Fenciblcs there at thai
time?— They were there about that timeafj
whether a short time or not before, I could
not tell.
There had been some marched through
before, had not there ? — I cannot tell.
It was just about tlic time they were lliere ?
— ^Ycs.
Were they expected at Dalkeith at thai
time ? — They were there about that time.
Do you know a man of the name of Jolui-
ston ? — Yes.
Did you give him any ? — I gave him one.
Whom else did you give one to? — I gai
one to Eliiot
Wliat did you say to liim ? — I do not
ber saying; any thing more ; we had soi
conversation about the curiosity of it.
llow came there to be such a curiosity
about it ? are you a Friend of the People?-
Yes, I was a Friend of the People.
I believe you were secretary to one of thciri
societies?— Yes* I wis secretftry to Uie
cicty at Dalkeitli.
95]
34 GEORGE 10.
Triai of David Dcmne
[06
Did you see Downic before?— Yet, I saw
him in the CoovtMitioii ^oiae lime.
Did yotrr acqiiaiutance tommence in ike
Cooveniion ? — \ e».
Tliat wtnild be n society of Friends of the
People?— Yes.
IIow CJinie yotJ to think Uiat Mr. D(»wnie
VfBS likely to sail sty your curiosity?— I
thoiighl |M ' ' ' r' * ' ^^ *1 i'ln.
Does 1 1 a possibly,
being an a- ijojiiiijLit.t;, i»t. iMi^^i i^'t me liave
Ibem.
Did you ask Mr* liilchic about Ihcm?— Pcr-
, ba^s I might.
But do you remcniber yoa asked Dowoio f
-^Yes.
Did you ask Ritchie f — I might have asked
' him.
Did you ask him ? — I might have asked
him, lial I do not particularly remember.
Whom did you give it to'be«de Elliot f —
I gave otic to a laiL
And oDG to Johnstone f^-^Yei,
What did yon do with the rest? — There
were some others got them.
What did you do with the reslN'-Aftcr
^ peopk said they would be hurtful^ I destroyed
tbe rest*
You were told Ihey would be hurtfid befort
Bownie SAid thev wonld be hurtJUl— comr,
' remember yourself^ who told you Uiey would
he hurtful? — I do not rf member; 1 heard
( several people speak ab*iut them — they said,
fthe people would say^ if the fencibles saw
them, there would he some disturbance.
Do you know a man of the name of Wright ?
-Nix
Did ht hrnis? any to fmi ^-Na.
And y<ui ne to him? — ^No.
Who i^ I ' ?-^llc is a miliar.
Wliere ooc^ inj hve^ — lie iive» nigh Dal-
keith,
A mile or two from ilF— A very short way.
Is it a§ far as it is from the New Bridge?—
\ 1 ciumot pusi^ly say.
Is it oa fii9 as Ihi Cro9»f-^II if just across
^ the river.
la it half a mik?— Soircely.
WUlttun Johmtone sworn.
Do you know a person of the name of Wkt>
m ? — ^Ves, he is a young man of Dalkdth,
' flon to Robert WaliiMi^
Have you seen him just now ? — I ha\*c sei'ii
'him come out of yon* hous^eiust now.
Did VOQ gft * iKtper from him f — Ye*,
lil Rie paptr like that?- -Ye^ I think it
was.
What did he say to you when ho ^Ye it io
t3Wuf^*-To I he ^ *-» ''t^ my remembrance he
[Mid I might ti at it
Did juu bok 1 (hd.
WbAt did you do with il ^*-I gav« il to
James Sandilandt.
Was tliero any penioo
«irbcthcr thcra w.ii ^
%-^ wai in the publu; »U«^'t; tlwre
might be persons in the street, and yet none
ill company.
Waa any man in a red dress and philibeg;af
—No.
I bt-lreve I^rd Ilo|ielouQ*s h not ahtghlaiid
dres^F —No, J believe ii i«i not.
Were the ]• tbrre lit that time?
-*-I do not t ' ere sijldicrs in the
slreel, periiyi»^ lutu im>^i»i lie soldiers within
a iftw yards.
Was there any as near as that gentleman
to me with the bpcctaden? — I cannot say as
to the distance.
Was it therr^abouts ? — I cannot positively
ascertaui Uit* distance.
Was it iOO yards ?-^Oh ! certainly it might
be within loss.
Was it less?*— I cannot ascertain the dis*
tance.
W^ hereabouts was il?— I can give you no
regular account*
It was no great distance, was it? — No very
great.
What did you say to Sandilands?*^! said he
miglit take a look at it.
No more ? — I cannot remember.
Now do recollect yourself ?— I have thought
of It again and n^in.
Art you sure you said no more to him ?—
It might escape my memory, because I did
not charge my meuiory with it.
What did Wats^jn yiy when you took tlic
paper ? — I do not recollect.
What were you to lake a look for ?— *Il wis
not mentioned.
Are you a member of the Friends of Xht
People ?-^No, I never was.
Do you know whether Sondilands can read!
—I suppose he can.
Do you know he can ?•*-! odinot ascertain
a^ to th;it.
fsandiliiuds was brought into eonrt3— If
that iho man you gave it to ? — Ye?> sir.
Jamfs &indilandt sworn.
Do you know that man that is just gone
out?--- Yea.
Did he over give you a printed paper?—
Did you read it ?— No> I never did,
Whom did you give it to ? — Serjeant
lUrdy.
W'hat is your name ?•• -James Sandilands.
W h;il arc you ?— A miner.
W hat is Uanly ? — He is ui lord Bopctoun^s
feneibles.
What distance was Johnston when you
saw bim?*— About '' f •■ »tncc.
What did Jol ?— lie said he
»b?lt
Ud
Ins
M l..,L
thought ^erjcaul u
paper. 1 took it out ol Ui^
I had no tl^^uLl ht' would :
hP
^' ■ . ■'.- ' ■'■ . ■ '' «^^«
scrjeaui^— Just alioiit ttt«$ dufttiukce of you
and (.
And JohoabOQ was just by you f**YeS| John-
m
^r High Treason.
ftmi WMs just ty my back when he gave
It inc.
Scrjoant Harthf cdled.
fo Bardy>} Do yuu know ttiat pcrsOD,
To $«liiSUmt>ds,] Is that the man yoti gave
rndEf.— Yei9.
BcQeaot Hardtf sworn.
^l|r*ilWr»«^<T;— WKjil -— Mr. Har-
dy ? - —A ferjean i iu lord U < nc i I j Ics .
Whemm-^^ ^-^'^^T iii'Uiur ...^ ihrough
Dul voti . , . — Yes*
i.A' '. -JVC yuu llint p»per?— No^ tills is
i^^r [nQOthcr shown him.]*— This m
iknds give it you ? — Yes.
311 jpiMi see whom Sundilaads got it rrorti ?
^haX md Sondilands? — He asked me to
pkit tt; I ' ' ' ' ' ! ' ! where he
lit; Ue*5 name;
liftid tbert: wTTtr. iiii, .i[i-> fji .«,t-t]jaou!» peo*
I l>tlkeitl)^ but he never went near any
re you going to at that time? —
^c _,_ _u our march to l.tif'Und.
lottrmimeot had i, and agreed
„ I Uf Eagliiiid «t 1 : --Three hun-
mi q( them.
Bartholonmw OConno% s^vo^n.
Xtrrf Advocate.— What regiment are you
I— The Till rei^irneDl of feacibles.
fbo cociniands them? — ^^ILic eurl of Hope-
^crtjTOu In tha village ofDalkeitli lately ?
Mfei.
LWas tha regiment there ?— Yes^ part of the
f h^i time ?— I do not remember wliat day.
^xk "it t^^.^ or tltn e moiilhs ago? — 'Yes,
vou 9iny printed papers
li a tnin rinic ui» und
M, i- ' atd? He
tiift, i' vibc you
B0t lb ^y (^t you vi^'ili be ^ii &old to go
Did
nadf
rto
do
tut' re »> ij |>rjuVed
Kl^ ri.ir..'-.
are.
.ij-Li? — No, my lord, I
it ihu foot of jl there
^— He put it into
,1 in nr» ha.iJ,
lut
. of
HP«ft^|||Uiini,
Mid '
|. .....
M U
«.. .^ii<LM >;.
^*.nvu. uTc you of?-^Tlic
4
A. D. 1794^
Is that lord Hopetoun's?— Yes.
Where are you at present ?— Al Liverpo-
Do they know the village of Dalkeith I
Yes.
Were you there on your march to En^.
land? — Yes on going to England in May lasl
Had you any conversation in tliat pluce re^
lative to your march to Engliind? — ifcs, sir,
— one day as I was walkuig, a gentleman
came up to me, and offered mc a paptr*
VVas U printed ?— Yes.
Did you read that paper? — Yes, two
tiirce read it.
Did any body else read il?— Yes, John
G eddies did ; I took no thoughts about it at
that time ; it was signed Dundee.
Was it advising you to go to England,
or dis&uadiDg you Irom ^oinj^ to England ? —
It told us we were all sold if we went to Eng-
land« if we staid at home we should get thou-
sands to help us.
Can you read ? — No, sir, I cannot.
Who read it to you?— Another chap read
it to mc.
Is he here? — No, he is at Whitehaven.
John Giddies ^worn.
Lord AdvoeaU. — What regiment are y(
in ? — lord Hopeloun's.
Do you know the town of Dalkeith ? — YesT
Where is ^our regiment quartered at pre*
sent? — In Liverpool.
Were you in the town of Dalkeith with
your regiment when il marched to England ?
— Yes,
When was that ?— [No answer.] ^j
Do vou know Archibald M'Fadzean ^—Yc^^H
Had you any conversation with anybody i^^fl
Dalkeith about your regiment going to Eng-
land ? Did any body ever show yuu a paper
about it ? — No.
Did any man show you a paper ? — I eaw a
man in Uie street witll them.
What did the man in the street do with
them? — I saw him giving them out to the
soldiers.
What did it mean? — I went into Archibald
M*Fadzean*s quarters^ and I found him read-
inz it.
Was he readinj^ it ?— Yes, and some more*]
Who more? — Some of our own men
Do you remember the purport of il r* — Yes,
it was advising^ us not to i^o to England, and
if we stood bauc, we should get thousands to
assist us.
Do^ou remember any particular expres-
sions m it? — I remember a paragraph at the
latter end.
What was it?—'* Stay at home, O !_ Dear
Brothers, be advised unci slay at Sv»«»"^ '
Lord Advocate. — lljis \h ihc »•! t
per Hardy swears lie received ir *
IandS| which is now to be read. — It is date'
^' '- April 12,179*
<* Friends and
" It ib with tije }ii. inTsi I'leasure that J
country incn are infonned, Ua\ 'svidv \% s
U
S4 GEORGE IIL
rattaclimeiil and love to ihcm, and your native
rCouriiry, thai you niantully and firmly resolve
[sot to leave it upon any terms, contrary to
[those upon which yon were at first engaged.
I Your countrymcn'love yon, and our hearts
7%onld be as Innch wounded to part with yotj,
as yours wouhl be to be separated from them.
They well know that they are safe under the
protection of tlieir fiilhers, their sons, their
brolhera in arms, and they neither wish nor
|lesire any other defenders. They hope and
ehc\*e, that your hearts are filled with the
Ifame sentiments.
r •' 1 he great mass of the people, from among
J whom you have been enlisted, have been re*
preticnted to you a^s your enemies : believe
Dol the assertion. They have been taught to
consider you as foes : but they do not fear
Indin^ friends among their brethren.
' Their cause and yours is the same. They
ire poor, but ihey have honest hearts — hearts
irhich sympathize in your cause ; they look
br the same friendship and the same sym-
alhyinyoii.
***They rejoice to hear, that yon are "becom-
!ng daily more coaviuced of the great trulli —
that the hiw ought to be the same to the
HiRhlander and to I he Lowlander, to the rich
and to the poor, and that no man can be com-
pclfcd to take up arms by any authority what-
soever, unless his own inclinations prompt
him to do so,
** This truth has been hitherto carefully con-
cealed from you, but it is not the less certain.
The vtill of your laird cannot, without your
own consent separate you from your families
and fi"icnds, although many of you may have
experienced the exertions of such a power,
however unjvist, and however contrary to law.
'* We respect, and admire the principle
which induces you (though necessity has com-
pelled yoir to lake up arms) still to persist in
renminln^ to defend your friends at home,
and not quit a country which holds pletlges
so dear;
'* When jou are gone. — Where is their dc*
fence? ihe^' maybe eitncr left without pro*
tectron, or may soon see their country over-
run liy forpi'ii' tionp^, jiuch as, in time past,
have alreiji' blood of your ancestors
without pr , and without remorse,
and who would feci, perhaps, as littic com*
punction in shcrlding theirs.
•^ Prepared for every deed of horror, these
Itircign mcfccuHrics may violate Uic chastity
of your wives, ynur sisters, and your daughters ;
and, whan dtrsirr is satiated, cruelty may re»
•^ ' ' Ah experience
1 n, an J friends^
I m^y be im*olved
Trial of David D(mnie
[100
tality, were pierced with the daggers of their
treacherous guests, and the feast prepared bj
the hand of unsuspecting friendship, was closed
with a scene of blood ! Such is the return for
kindness and hosnilahty ! Such the prottM>
tinn your famihcs have lo expect!!!
** How will ihey then look around in vaift
for jour protecting care, when, perhaps you
arc hghting at a distance in a foreign land —
but tiiey hope you will not forsake them
Slay, Oh I stay, and defend your families,
ana your friends !
" For that purpose alone you were en-
listed. They ure !cady lo come forward for
you in the vindication of your rights.
** Thousands join in the same sentiments
with you, and ardently w^ish for your con*
tin uancc Among them. The circumstance*
which might require you to quit your country
have not yet taken place. No mvasion lias
yet happened — You cannot be compelled to
go — leave not your country, — assert your in-
dependence ; — your countrymen will look up
to you as their protectors, and guardians, and
hearbi tlirobbmg wilii kindness %od hospi-
* See Val i$fj^. d79 of thu Collecuoa* i
ipendence ; — your countrymen will look up
, you as their protectors, and guardians, and
will, in their turn, lift up their arras to piolcct
and assist yon.'^
John Fairlei/ sworn.
Lord Adtotatt. — Where did you commonly
reside f — In Broughton.
Do you know a man of the name of George;
Ross? — Ye*, 1 have a little acquaintance of
him.
Where did he live last spring, before you
were taken into custody? — ^In the Cowgatc, I
believe.
Near the South Bridec ?— Yes.
Did his house enter irom the South Bridge?
—Yes. it enters both from the Cowgatc aad
South Bridge.
Do you know of any committee being held
in that man's house last sprinc ? — There was
a committee of collectors which met there.
Were you a nicmbcr of the British Conven-
tion ?— Yes.
Of course of the Society of Friends of the
People?^ Yes.
EHd your society send any delegates to tlie
Committee of Collectors? — Yes.
So you were a collector ? — Yes.
Do you know of any other Committee of
Collectors? — ^The Broughton Society ap-
pomted some members to a Commillee of
Union, which met there.
Were you a member of that Coramhtce of
Union ?— No, I was not.
Do you know of any other committee that
met then ' ' ' ' " ^ -There was
another that com-
mittee, biM i .v,.^ **.., .. (..r...iM , ofjl.
Were you ever with that last-mentioned
committee, m company with thcra ? — Yes.
^V ho were the persons jou saw ia thai
ri rrmiUiri . .iiul uliuui vou understovKl to be
%etin Mr
i I!, and Mr, j
U \iu Id he ^—1 Uhovc be is s jeweller.
Ji^r High Treason.
htm again if you saw
[X I would.
1» iiul imu behind you there? — Yes, I
\imk it 9%,
ly else in that coxnmUtee?
ke there,
.My*r, w nji js he ? — I do nol know
It br wss; he was a student, 1 believe.
Wrrc you ever employed by that commit-
*ofi anjr ocdAion ?— 1 was twice or thrice.
|jilL.t .r. .iV.N'h ilu^ ^MlJcclars were?— In
ihtef^i , it W48 moved, 1 do
nrA r- , Umt fcubbciiplign
i
, ^ > should be gotten ?
y wAuted tnc io get thche
-m and told the committee,
i I £oi the piiP^rs, and went on one nisht,
I to£j them I had got it ; I was on another
I Iherei and toldthcm wc had chosen a
A. D. 1794.*
[10«
Wh
CUUlIDillLf !
ci?— It was myself.
imucc of Union, or the
-It was the other com-
Bid )*ou ever hear any other name given to
tislSttboofnnihtee, tlun wlmx you have just
AMT utM%cd} — ^Thcy c!iU them a Sub-com-
■iUatt iud a Committee of Ways and
Ibe Committee of Ways and Cleans
mptoy you in niv olhcr business?-*-
fhfj nef tT in any other busi-
feaa; I do ti :• other buiiioess.
Mr, AtulruiJttr.— ii wimiy Oil said the other
A*y hf frtjf?, you will leM it over attain tollicse
f , r .. [ 1^215 g<, Wciil country
t^ k4 1 h*d t I country, and
i iscAiTi %uniQper r Lcanie from
AiHh^ they biid : * wstounness ;
tffipiMl 5% uj L'i^truvvbtounness; he
U0imiktd M V'"* ^^'^iddt^vke a Jetlcr; who
■ai ibai ficnon^— Mr. Bonthronc; the next
4» Ir^iiftl *in Mr \\ Alt ;in<l tul/l him (hat
n:;
at the Lucli*
t! Ill), ;uid he
i«k0l ci»(« fl i J ' baidl
owld pet It af M ater* at
tilt Lti# .. kilLt trQm Mr.
fiooctu b \V att ^;ivc me a
IrtlCT ■ • .>t from Mr.
Cfoviti i with me.
W«.s • ! KM.
i ; '— *i »•> i*"i III! I
- -Lic were «imf let-
Ik cif aad tho iualnictions of
-If.
> «yillt it}—
1M >c*u iM W ^iaiin^ aud 1 alkirk ^— Yes.
What were the instructions? — He desired
me to go to Mr, Downie, and send money to
them, and the iu«iU iictions were, to concspond
with Mr* Downie, ai*d also to inquire the
number of patriots in each place, and to send
money to Duwnie.
Was any thing else in the instructions ?--)
There was something about u plan, but I do
not recollect tlie exact words.
Kecollect yourself, what was it? — Apian
about sometlung.
Vou talk about papers and regulations for
the society, and circuhr letters, were they
prmlcd or written ? — Printed.
Was the commbsion printed ?— No, it wai
in writing.
W^re ujere seals to if? — No.
You said there was something about a pkn;
had you any conversation with Walt, or Dow-
nie, or Stoke about a plan ?-^I never had any
conversation with Downie or Stoke, but W' alt
spoke to me.
What was it? — Something about imprison-
ing the magistrates, and seizing the Dank
and public olllces.
And what else? — And those most active
against the people, or soraetliin^ of that sort.
What was to liappen to Uiem? — ^They were
to be imprisoned.
W^s there any thing else in ii? — They
spoke something about sending couriers to
iLc coimtry, to tell what was done.
What was dene?— Why about seizing them
things,
Those persons you mean ? — Both pcrsoi
and things.
Was there any thin? about that plan in t\
paper of instructions)— It did nut say whal
plan.
What did you understand by Uiat word irfj
the paper. What plan did you think it
upon your oath ?— It miglit be that — I canQ<
say.
You went to the Queen's Ferry? — ^Yes.
Where next? — To Stirling.
Did you show the committec*s histruclioiif
to any body at the t^uecn's Ferr)- ? — Yes.
Where did that Incnd live that you were'
coiuK to see? — It waa a sister of mine w
rivcifin service al Alrth^ on the other side^i
the water.
Did yuu go to Stirling ? — Yes.
Were yuu acipiaintcd with any body i
Stirling?— I culled upon Dr. Forrest; I hear
of him, but t bad no acquaintance with him|,
1 i4»m whom ditl you hear of him ? — I have
heard of him thftcrcnt times at Kdmburgh,
bcin*; a FrJcml of the IVuple *tt Stirhng.
Did you go to Airtli ? — Ves. ^
Were you at Dorrowsiouuness ?— I did go^
to Burrow fttoiinnc^s a^ I came back -. I wcnl
lo see the place ; 1 did not leave any tiling
there.
Did you go to fee any body there ?— I baa,
no letters f<ir Horrowstounne^s, 1 had no dirc&|
lions to open it there.
Yuu never saw doctor Forrest before Uiatj
you heard of him as a friend of freedom ; —
Ye^.
From whom dkl you ever hear it ?— I can-
not say*
Did you ever hear [of him in the Com-
mittee of Ways and Means f— No, I cannot
say.
Did yoii see doctor Forrest ?^ — Yes, I did.
And vifhii passed between you and the
doctor. Now, sir, you said, thai you would
tell him the news of Edinburgh, and he
would icll you the news of SUrliiijj? — Yes,
Now what was the news of Edmburgh I —
I do not recollect, but I showed him the
paper of reflations, and the circular letter I
brought with me, and the paper of instruc-
tions of the commiUee*
Now, did you ask the doctor to introduce
you to any more of the friends of freedom
there?—! believe I did,— there were two or
tbrec came to his house
Do you remember the names of them ? —
1 Itiink there wasi a man of the name of
Thompson.
Was there any particular conversation
passed between you and these friends of
doctor Forrest,- *tell I he jury what the subject
of your conversation was? — I cannot tell
what the subject was; I had a copy; I Would
tdl them tlxat they were about to make pikes
in Edinburgh, or something of thai kind.
You rather think yon did that ? — Yes, I
think I did.
t Wliat did those gentlemen say to you when
they heard about makin-j pikes at Edinburgh?
*-f hey told cr,e that the society at Slirfing
was not so numerous as it once was; but
what they said when I told them about the
ptkcs I do not rccoUcct»
Did they fiay any thing else about the stale
of the friends at Stii-lmg?— I rather think
they ?aid ihry were willing to contribute
money, but th( . ' ' i do any thing else.
What ebcdl rslaiid by this an-
swer r^^I remciin^Li iiig that;
I understood that Ih were not
numerous, there were ....ix^. ii Lutin there*
Is thai what you understood by the word
pise?— Yes, they said we could expect no
thcr supnort but money.
Were they happy when thrv tK-ard pikes
were preparing, or were ' ? — They
did not !<ay whether they nv , or sorry.
Did iliey approve or di^pprove ?— No,
Ihcv did not.
*:fhey iuid nothing nhcrnt it? — ^Not that I
broiler t,
''■ ' '■■ ' . ' . "—''-; -Trcst
In you
M' ir, liirfc^l ?-• '►
ll
...i.--Wii5 it like
--. . ,-- those before ^--I bad
' wca any before; 1 had beard iKcin
Wit
tkaoibed it u> you ?*«I hive heard
Trial qf David /)otem> [1 04
them describe it. T recoUecl I had drawn a
dmu^hi of some before this ; and gave it to
Wan.
Where was this? at Edinburgh, or Brought
lon?^I cannot say where I drew the dntught,
but I ^ave it to Mr. Watt; 1 sketched one oo
a slate, because Mr. Watt desired me; then
he said I would do it upon a bit of paper, and
i did do it.
Would you knew that paner again if you
saw it ; took at that ? — I thinlt that is it.
Who was It who described it to you?^ — I had
seen them of that 4ort before.
Where?— I think the Serjeant's hjJberts
are something hke that
Did Watt tell you for what purpose he
wanted those things? — We said the piket
were intended for self- defence.
You drew this to doctor Forrest at StiriiDg i
—Yes.
You do not recollect whether he was glad
or soiTy, or approiTd or disapproved f — No,
Where did you go the next day ?— To St.
Nlnians.
Were you acquainted with any body there f
—No.
Whom did you sec there ?*—Mr. M*Cross,
and Mr. Brown.
What is M'Cro^a?— A mthisler of relief.
What is Brown? — A writer.
Did yon know tho^e betbre ? — Ko.
How' can \e ^^'^ ^^^^H ni»tm them? Did
YOU ?<how the 11 Hvm, or did you
ieave them iht. ^ . . - , -, r- ?— Yc^.
Did you tr-ll uicm any thin| about ihc
pikes ?**.No, I do not think ! dtd.
Where did you go then *— ' 'u
Whom did you see there?— lerson-
and Mr. Yule ; Anderson is a mim^ler, and
Mr. Yrde is a minister-
V. 'oiifeelhcm? — I to* • ' ti>
Mr ,and he took them i
Diu you li ivcihc printed papers wuj) uicm ?
—Yes
W here next ? — ^To Camp*?ie. Mr. Yule
with mc— 1 do not know to whom.
Did you lea%'e p^*
Did you show i
recollect. I went t
son went with mc i
Did yoti show hn
pike?— r do not
iflr^rh; Thomp-
^•^-Ye«,
Where then ? — ^Then 1 went to * ilj^^o
Where did you call there?— <Jti .Mr. Su
cJair, a reed-tnaker.
Wjis Sinclair a member of the convention f
— 1 dri not know.
flirt ht* Like )*cju Under hi!* protection ?— lie
w^- ' t x%'ene Uiere, and 1 went
iuv
V' -^ It is where
pai 1.
J '■"■' — tn
yo*- ■-
vtr. .,.. ..... -:-,...;...*; , , ^ ^vc
M:
\v : ftn6x» wh09P Ikcts you
reeugnuird xo tiic reading-room ; w«m Ikfty of
lOS]
J^f High Treason*
A. D. 1794.
[lOS
iheifi iMnh^fi of ll^e Brtdsh ConvcoUoa ? —
t ffid ml faaem tHemt fhett ^erc none that I
|ra€5f; I iatd there ^were none of iheir faces
thmt t kttew*
^Di4 }f^^ ^o *f*y farther to the west? — I
I Aid joli €all on there ?— Mr. Haitie.
I yim Imvt any papers?— Yc5.
I yoy gu farther west ?*-No.
I jpoii came home? — Yes*
I^WImo^ did you "O first ? — First to my fa-
^ aad then to llie Com mil Ice at Ross's.
fwB it lUe Coramitlee of Ways and Means,
buSiA-coinmiUoe ? — Some tall il one way,
\ the otbcr,— it was coramittee night,
pDnl you ftnd any members of the com-
'Uiert?— There was Watt, IvrEwan,
Bi< jrou itate any thine to the committee
pfeti to the olttces where you had been,
^m^ptei to ihe imture of your journey ?
lool remember the particulars of what
I Hid.
I lak I ?— .1 told them that the
ftJMi^ A hearty.
I WlMii ui fiiltce say to that, were
ka|if) did they appear to ap-
•c* — ' II J cither.
Wi5 ? Did you eivc them
laick fl^.^ . — . , , ers?— No, I did not.
PWjfrtijgivc them back f— I gave Ihem
' liae «iys afterwards,
jpou take any notes?— I took down
um^ of the people 1 called at as I went
at fwrwne of that paper ?— I gave that
. ihal. or show it to the com-
tliAi lughtf — NOj t believe not; I do
■Uncollect
W ywi i I T ate any further pariicu-
Im Id ihr f } — I am sure I cannot
y»r>"-* ' " *Tiey were hearty,
" l>»i . ^es of that journey
I ot ■ >,^, ur out of yoiu' own
'..tr
i,rn«:ps — T frot a letter
and he
^vnie gave
I ymt^pend all the money in your jour-
ff— lit i:ri. of It,
Fh do with the rest — I gave it
ItJie ci^iumUtcC) and Ihey gave it me l^ack
was.
^— I sup-
if that committee ?
'^'"-- — hut I
rcr.
■f*"' ■ .M.Aer at
, -1 ^ No, I did
f bfti Ume did yot* get tiiere ?— I got there
Whst time did you leave it^-*i iancy
n tight be about 6 o'clock.
What made you not come back apu^ ftffcer
you had seen your sister? — 1 wnDtodloaee
the country.
How came you not to gpand lee theemmty
of Filc» as well as Laoarkahire^^I went ta
see my sister,
Stirling h a little farther ofi* than your sia^
ler's — Yes il is.
How came you to go a little farther aftfl
you had seen your sister? — As I had
tilings, I just went uluno^ with them.
But why did nol igwuhlhcmlo
Fife as well as to > , ^re i — 1 was near
Fife.
Were not you as near to Glasgow?— I had
no particular reason for it, eacept it was to ga
and see them.
Is it a common thing to take a loilg joum^j
when you go to sec your sister ? — you took a
journey to Kilsyth, Kirkintilloch, GlasgowJ
and Paisley ?— I cannot say. 1
How came this committee to pay yoti for*
all this journey? — ^Becausc tiierc were aiib-
serin lions going on for those that sufi«r«d
liitely» and I told them to send money to the
committee.
Whose business was thii* you were going
about when you went this journey < — was it
your own business, or the committee's f — It
was the commit tee's business.
How did you know the committee had any
bu.^iness at Glasgow ?^By my commission ;
I was not confined ; 1 had libcrly to go wliere
I liked-^l might go to Borrow slounne^s^ and
Glasgow,
Tlie instructions said^ ^ to Falkirk, Bor-
Towslounness and Stirling >— Yes.
Then how came you to explain the S ^g,
atwl the other letters with blanks, to me, that
it meant the three other places? — Because
there were socielies there.
What sort of socielies ?— The Friends of the
People.
Tnen you thought yourself at lil*erly to p*
to any other pbce where there were Friends
of the People? — Yes.
1 1 was l>ut reasonable, to be 6tire, the in-
structors should pay you ; tell me how yoti
got the commission, and what was in it?~It
waA just lulling me to call at the societies.
\> hat did it say ? — ^It «ai(l the committee
authorized me to call at those places.
You said you found in .Stirling they would
give you support by money, but wuufd not give
you any tiling else, they were not ready for
any thing else ?— They would give support by
money, hut nac other way.
What do you mean by nac other way *—
That they were not numerous, and that—
But a few people could give you support; it
tni;^lil not be very good support— they might
give you stipi^rl by something else besides
inon<»y> what did you mean by something
else? — I do not know 3 1 had just asked
them.
107]
31- GEORGE 111.
Trial ofDaxid Downh
[108
Were your ixistructjons, as well as your
commbslon from the cooatnitlce? — I Ihiuk
it nienlioDed aUoul the committee; I cannot
mention whether it was the committee or not.
RecoJlect whether your iastructions mention
it?— Tliey do nieDtiou it.
They mention sometliing about a plan? —
O, aye.
What did it mention, about that plan ? — It
mentioned something about that plan.
Was it a litOc plan ? — I have answered
that question to the lard Advocate.
Was il a great plan, or a grand plan, or
little plan, or what did they call it?— No par-
ticular name -> they might speak of it, I be-
lieve.
What was that plan to clo?^It did not say
wbat it wa% to do,
Mr. Anntruthcr, — He has said he understood
the plan to be tlie same plan tlat is mentioned
^bjWatt
What was the plan I o do?— I can tell you
If bat Mr* Watt said it was to do.
What did your instructions tell you? Did
it say it was near fiai&hed, or that it was far
1 1 from being finished? — I thiuli the word
lȣnisbed was in it.
Did It say any thing like it was far^ or not
vita from being finish^?— I cannot give the
(express words.
Give* me the same?— It §p<>ke something
about that plan.
About what plan did it speak ?— It did not
mention the plan: I said 1 supposed it might
\ be that.
h Now, did it say that plan was to be attend-
ed with success, or want of success ? — I cannot
.say things— I did not mind.
Whom were you to give your instructions
I to when you returned ?~Thc clerk of the
ItCommittee of Wnys and Means when I came
• back.
1 think you said you were permanent prescs
rof the collcclora ?— Yes,
What were they to do ? — To collect money
I i^nd sentiments.
Were they to do any UuDg else?— To see
' who were determined to support the burthen
[in the cause of universal sullrugc, and annual
srliamcnts.
To whom did your instnjctions tell you,
[^ou were to send the juoncy ?— The instnic-
13 saul the money wa^ to be TClurned to
Mr, Downic.
Did you ever hear any thing about arming?
-Mr. Watt and I spoke about pikes two or
tircc times,
Wcli^ now, what wero tlic collectors to do
vitli tliobe pikes, or had they any thing to
00 with \.\ii\u r^ Mr. W art Jnci; -I^uwtd oie
Otuc of t said lie r me
omectf II ;v to ilie<'
t>"' \l.. I did not.
^^ ' ttrrm f— 1 Aid not
Be.
e^iii-f*-. iu|u: 01 tiic tyilcLlOi-^ had iaid they
At^ W^att said, take them down to the col-
lectors, why did not you take them } — If 1 had
taken them down to the collectors, they would
liave been blaming me for distributing tlicm^
You supped with Dr. Forrest that ntght? —
Y'cs.
You staid with him after the company
came awny ? — I recollect I told Dr. Forrest
first something about that plan.
Now, what did you tell Dr. Forrest ?•*-!
told him what I told you.
Did yon tell him such a nlan existed ?—
I said I had heard it ; I had never heard it
from any body in the committee but Mr.
Watt.
Look at that.
Court. — What is that paper?
Mr. Jnsirw/Aiff.— lie has read this, ** Stir*
ling,— support by money, courage not great,
supj)ort as yet not certain/'
CuurL — What paper is that? — A Ibt of
names I took with me.
What for? — For the purpose of corre^
ponding,
Whom were you to correspond with?— -
With the Committee of Ways and Means.
Were the Commitlee of Ways and Means
to correspond with all these people ? — ( can-
not say whether they would or no, but they
had the particular power.
Mr. Amtruth€r* — W^hy did you J cave a
blank there in the first line, — dues S g
mean Stirling?— I lett a blank.
Because what ? — I had a list of the names,
I did not expect any body to sec it^ but I did
it just for fear any body should sec it.
Dues c ge mean courage ? and why did
you leave a blank there ? you had nut courage
to fill it up perhaps? — Yes, but I wanted no-
body to read It but myself.
1 thought you said you made this up for
the use ot the committee f — Well, btil 1 had
it to read :— the comiuiltee did not desire me
to write tliat about Stirling; X gave it In to
Mr.W^att.
Did you give it to him as one of the com-
mittee ?— 1 gave it to him as one of the com-
mittee,
Mr, Cuilen, — When did you givf it to ISIr.
Wall?— Some days after I came li ve
him my instructions and comm -
time after I cume home.
Mr, Anstruihcr,—\ou were ordered to de-
liver liiein to liif tommitkc?— Yc*.
Did you infoi m the conmiitlee of what yeu
had doncinyourjourncy?^! ♦ ^'' •» "ti ijiat I
had collected ui bucli and !^, and
they wfTf' '" '"-.u 111 lii riKHi
You i\ >
—I did r ^ _ ^a
say, at btirhng the society wfid not uumerouA.
Mr. /
commti'
\
C r osft*«Kan) inati on .
^ywheo you went in?— I
1091 fi^ ^k^ Treason.
hsA httn tn once or twice before^ and I just
loU them what I have sd^d already.
JLord rrtsident.-^l have lukcn down what
il»tMd altoTft these in^ljut lions, in thb roan-
ucUons were from the com-
I he was to return them to
ihc committer.
II. — As I understand it, tjie in-
mmaiou^ V ^ ^ from the comrailtee,
^bty iron ^> L but not given by the
DUtiltec; Li t > were therefore no fiirther
the coramiltce than Mr. Walt gave
\ to htm as from the committee.
Clerk.— Me rould not swear whether
» conmittee knew any thing about it.
[Paper read],
** S g, support by money— c ge not
^tU->5 pi as yet not certain/'
* AddnsM of a citixen in Alloa, JameSHaig^
I* KtmrtUne^ George Miller, shipmaster,
"* AUotL, Robert Morrison, senior, weaver*
' Ctieir, James BfMlveeade, merchant.
^ Falkitky John Ueugh, merchant, corn-
' S^ Kinians, George Brown, writer,
^ DtOo. Hev, Mr. Cross.
' linttUlgow, Mr* Gilson jun., merchant*
* nit«n«f*!fninnes% William Baird, ditto,
liltcr M*Gibboi>, uierchaot,
:U i^, Jolm Grieve, surgeon. —
I iicndersoD.*
&», William Hutchinson, esq., of
* Kklmttiilloclii Henry Frecland, weaver
** Balbf^aSe, — infonned Linlithgow.
* Ktocaiii Printfield, John Thompson,
~^* Ribrlli, " ' r lc5» Vule*
'Ptolcj, Hcming.
manioc n, mt, iVIuir, iuu,^ merchant
^Leveoitilef James Guruner, smithy near
I K'ArthiiTt shoemaker, new Meet-
6, tXjmbarton.
^ Rodericrk G onion, engraver, near Bank-
A. D. 1704^
[TK
• Tlie fiuLtHlirf is ihNiniir't. that this wit-
^M^Fttiricv y summoned
aliirjoliii i e, to appear
M9* ibe MbcM i i» and being
^Uif twoni iod 11 i m substance
. ^ That he iiAil ng ;u,qiiaintance with
^Jufaa Uetiderson: tliat he even did not
m by ^' ' ' ^ a he hatl put sir
MBt aa V, Urieve^s m this
' ^ ""- - than the sugges-
^t her, who had told
, Uiiv ^*' rmi that he
Quid not r* name who
IbU btai 9c -.uch was the
«4c fesaiKi had for in-
mtmz ^U " Thepub-
l*i denosi-
^ M 01 pro-
uU« Ai Liiuiburgh. Orig, Ji^,
" Linlithgow, Adam Dawson, certain friend^l]
but not proper o!»jt.'cl of correBpondence. •
" Mid-Calder, John Hardie, or Thomas^
Twccdal. — Shott3, William Mortun, taylor.
" Hamilton, John M'Lawn, Jamea
miiton.
" Slrathavcn, James WiLson.
" Whitburn, George Weddel, merchant.
" Dervil, John ("Idand.
" Glasgow read'mg room.— Thomas Corb
wants a few cheap books or pamphlets.
** Mrs, Galloway ^ high street Giasgow--.Jj
wants adoien of Loves of Liberty."
Is timt one of the papers that were in yourj
parcel? — Ves, that is one of the papers.
[Paper read],
" Fellow-citizens r — At a lime when powcr^
seems to be making such rapid strides among I
us, while the friends of freedom are perse^.i
cutcd, and hunted down on everv side, and f
the genuine principles of the constitution rc« ]
peatedly violated, by those who, at the time
they are professing their attachment to it ^
are aiming the secret blow wlilch under-
mines it, the friends of peace and reform ia'
Edinburgh, call upon their brethren through-
out the kingdom: — We call upon you to
warn you of your danger : We would remind'!
you iff the present melancholy stiite of aflkirs;
our commerce diminished, our manufactureri' |
drooping, the industrious poor wanting bread, '
and the mingled cries of the widow and or*
phan assailing the ears of heaven. — ^These^ j
are only a part of the cruel effects of this J
most Asastrous and bloody war, the en4^
of which is wrapped up in a gloomy obscurity !
which lias scarcely onti ray of hope to pene-
trate or illumine.
** In the mean lime, we behold armed a$«' ^
sociations forming in different parts of thej
country. — We see the partial selection of ci*
tizcns, who arc entmsled with arms, and
shudder in contemplating what may be the
motive of this alarming and novel prudence,
" Under these circumstances, what is ouf I
resource? Citizens, there is but one thing)
that can rescue us, a complete reform in par-
liament. Let i^s not be awed into a servile *
submission by any illegal artifices ; let us noli
sink before the blast of oppression; but let
us unite fimier than ever, and the number of ^
voices, that call for a redress of our grievance*
shall yet be heard, But never let us reliii*^
quish this great work.
** Remember, that till we are fairly repre- ,
sentcd, no check can ever be opposed to the
strides of power, but we may be crushed be
neatb its weight, like a worm beneath th«1
foot of the passenger, J
" In the mean lime, we sejid you a few !
rules, which arc drawn up for the use of our ^
own societies ; we recommend them to you» |
and ltoi>e they will be equally serviceable. A ,
I ! of Union is appointed here. tQ'|
. j.e united wishes of the several so- '
cieue^ ; and a sub-committee, whktv \^ c^^
Hi]
34 GEORGE 111.
Trial ofDatid Dmnie
[112
the Committee of Wiiy«4 and Mtans and as
treasurers for the united si»cielieB» and as a
centre of union for all friends in ScoUand.
Througb iheir medium, direction!* and in-
^ ctbus will be given. Ihe tnuney put
their 4iands shall be accoiinled lor, itnd
Jbbursed in such a way as shall be most t«l-
tilated to promote our greitt lausa. If,
bereforc, vou h;ive any sums, collected, be*
ad wi^al your immediate ejiigcncies require,
if yau can culled any among your friends,
though they s.hould not be rociubers of stj-
aetjcs, you arc requested to leroil the same
_jD Mr* Edinburgh, who
"la appointed to receive the several sums for
the comnjiltee.
" We would also wish to be informed of
the number of friends which you have, on
who«e patriotism you can rely with the most
imolidt coufidence, and who, you are &ure,
will spare no exertion whatever in pronioling
the great cause in which we are engaged.
" We would thank you to communicate the
best method of making our mutual senti-
nieols known to each other, and the per-
son to whom our letters may be addressed
with the greatest safety — Direct your letters,
as above, for Mr. : we
beg for an answer with all convenient speed,
and remain, your brethren and fellow«>ci-
tizensi the Committee of W. and M,
Lord vlrf«<K'afe.— There are only one or two
aragraphs we mean to trouble Uie Court
irith.
WUncit. — There are some blanks in that
aper that were not filled up in the paper that
! took,
Mr. Amtruthtr- — Whom did your instruc-
tions desire the money to be sent lo?---My
instructions desired the money to be sent
» Mr. Downie? — The blanks were not filled
lipp in the instructions.
Is that one of the papers in your parcel ? — I
hinkso.
[Paper read.]
^l-^DAUEKTAt PaiNClPLtSOF TUC SOCIETIES.
' vt 'I lv« Cfim , of U. IS composed uf per-
by the people » lo look alter
i t ; nil ate consequently amenable
f I to the people; therefore the
\f, power gf deposing, by m««ns
»* petition to the president of the Com, of U,,
in a by him reported lo the societicn, for mi^j-
Dliduct in any of their representatives.
" Sd, As representatives ol the Com.
JV, are invested with every nower ttieir ton-
tituents c:in claim, the will of the cortsli-
u«nl, at the appuinlinent of ^
in, that ne walch over l>i
sb- -■ - - --v. ^
^nd liim/'
Lofd Advooatt,*^Go to the collectors.
[Heads]
" 1*1, Eadi society sliall appoint one or
more persons, the most ^ictive and riitelh^ent,
to Ikc collector! of money, and each of tlie&e
colleclor-i are to have the superintendcncy of
15 or 'iO persi*ns whom they are enjoined to
visit, as oft as tlieir time may allow : what
money they may collect is to be delivered to
the treasurer of their di^erent societies every
week.
** 2d, Such collectors arc pcmianent,
unless disqualified by inattention - r*' rr-
wise; they arc to meet with the *
and M. to report progress once c-v. r Mue«
weeks.
" 5th, OfUiC Ejcient of Delegation,
" 1st, Election of delegates to Ilie Coon, of
U. takes place on the first 1 hurs<iay of Febrii-
ary. May, August, and November, rinmiaHy.*
** 5d, Each society shall send a ar
every 12 members, to the Cum mitt'- tU
a lellcr signed by the president and the secre-
tary for the time bein^. liow soon an addi-
tion of 12 is mudc to aiiv society, ihal societj
is entitled to send an additional delegate, fiut
no society, however numerous, can send
more tham three representatives.
** Sd, The powers of such representatives
slvall continue only for S months, at which
period they must either be rcHticctcd,or others
chosen in tlieir room.
" XVI.
*' Isl, The societies shall adopt such regula-
tions, and adhere to such instructions as the
Com. of W. and M. may think proper to bsue,
after being sanctioned by the Com, of V,
** ^f\, NO member shall introduce religious
lop' hate, no motion fi>r prayers to
be r at the gathering or dismissioo
of ttic societies; because every thiuij that
tends to strife mod division must be avoided.
*' Lattfi relative to the Com. of U*
** 1st, The Com. of U. shall meet once«
week, imd elect a president every meeting, ac-
cording as their names stand in the roll ; no
member is to absent himself^ without aaiigiK
ing satisfactory reasons.
•* «d. The secretary simll continue in office
3 months, during which period he has the
keeping of the books.
** 3d, It shall be eliqibie in tiny person,
properly del ecated, fro I • ^Qt
Kingdoms, to oe a men 1 1 r ;
but no foreigner can b"
"4th, No dele^i*^ I another in
. hen he is prevent* <i from irt^taod-
*' -- ' • ' nod «»erretary arc
T rr j>ard the pre*
to cxpkmto.
^eak in the
-jn«^ iini
1
1)91
JfoT High Trcosm*
^ to be read by the secretary at
soon a«i the pr»f'%3dcnl takes
vl eiE;ht
of the
of the
c^ j, aiiu tne order of
•" of \V. M. must report
,, inowcd to accuse, or
ions on another,
grill the soekUies,
jiMlimg the ^ronnda of his
torn, of Ways and M, ; aud
jrjiwrt to the Com. of U, if, upon
b»o, thty see siifificienl reasons as-
' ICHh, Thf name of ihe accuser is not to
' the Com. of W. and M.
jt ajcrusation worlJiy of
' ■SV,
\ condesceosioD,
HtuiiuT, must prevail,
ngst the members of the Com,
iti.r^t '>li iV,o ^ocietits.
' l$* inaiiimily ofsoul,
Hidicd, arid every
Ki "ft prudent maimer^ to
,-ilnuneiital in forwards
t ibc ; for independent ^nd
iionour and preference
r wtiMth€ to ihe Citm, qf \\\ and M,
*■ Ul, The Committee of Wnys and Means
npcnu: ' ' of it have the
more of its
p«»«ex
iLi d][\i iLj^ttentioo.
lie nomination to anjr |
*** i.^.ii ^.^Li body; also a dii^cre-
|iQWcr to meet where and when they
consist of no more than
ihrin four persons.
ut and secretary of the
. J ne the money transac-
oT llie Com. of W, and M. once every
No cross* examin&tioQ.
Dr. Forrett sworn.
Lar^ Adpxain, — Do you know n man of
Ibe ntsoe of John Fjiirley? — Yes.
Whca dill you sec him fir!>i ?— Some time in
nMfUft
Wlietc did you sec him ?— At StirUtig.
HAdjoy rvct known thai man before? —
tSu^ guy Uf^.
H^if cAoic be lo introduce him&cif to you f
-De jaid a TbomaA Bell desired him to call
hiisu *
Yoci iPCTf of Uie s<x:ieiy ? — Tes.
As*! tchrr :Tieci ? — In my house.
r the members of
^
jr story to the
, on thai oc-
Ifttriey commuAicaie to you any
parliculaf business or circumstances ?— Hie i
told us he was sent by the committee in j
Edinburgh j to endeavour to procure money]
for the support of Mrs. Skirving, and som^i
otlier friends of reform, .ind to know what
were our sentiments about reform.
To know what were your sentiments ?—v
He showed us a written paper to that purports I
I cannot recollect that paper at present to b^ I
nolliing, but what I recollected before, thai I
there were to be collectors for 14 or 15^ to'
collect the opinion of that 14, to know theiH
sentiments, and to procure the money, I un-i
derstaod, and there was a part of the inslruc»]
tions they mentioned, they were to be pro-'
vided with — and a blank followed that; to b^
provided with blank,
Now, 1 asic, what did you understand by .
that provided with, and that black? What
did you understand at the tune?— If I might j
gues^ nr conjecture, — being armed. I
Did you or any person give any answer aC j
the time, or take any notice of those instruc- ]
tions to that effect ?^l think I said, he shouI<l ]
he cautious how he conducted himself, and
what lie <iatd ; for our parts, we had nc^ \
thouglUa of proceeding farther ; in wliat w^
h;id done, we had expressed our thought^ j
to the public, or somethm^ to thut purpose. . |
Yon say you concluded the blank mean^|
arms ; — now, 1 ask yon, was there any othec
circumstance which passed between you and .
this man Fairley, relative to this conjecture j
of yours, which tended to confirm or disprove i
that conjecture ? — 1 do not remember par-
ticularly, but sometliing was mentioned of ai^
expected invasion by the French, and he took ^
a piece of paper and a pencil, and drew a
figure resembliog a halberd.
Do you see any thing upon the table like ]
it?— Yes, my lord, it was something hke ihat^J
He asked how that would answer for de^'f
fence? — Yes.
Did he say any ihiHg more upon that sub^l
ject? — Yes, I do not recollect what followe^^i
upon that ; there was nothing that I recollect, I
Do you recollect any thing else of his givj j
in^ you any other information with respect taf
what was aping on at Edinburgh ?^He men- j
tioncd, I think, that he knew u pcrs^ou that
could provide such, and I think he mcntionedr I
the number, but I cannot put s name upon it^ ]
Did he mention where this person resided j
that was to furnish these things ?— No, I d%^ j
not recollect, but the idea struck me.
Did this pass after your friends left you, or
were with you f— To the best of my know-
ledge while they were there.
Did he stay after they left you?— He staid*]
and slept there all ni^hl.
Was there any Ihmg else that passed be-
tween you and him, that struck you at thi^J
time as extraordinary as to what was to be done 1
in Edinburgh ?— There was something B^^d^l
about the collectors. ^ )]
Did that paper of inatnictions mention any
thing with respect to any plan or sclwwe
I
.jiil^
1163
$i GEORGE nr.
ivbkh struck you ?^ — Unless it was those col-
lectors that were to iittcDd, and to know their
sen li merits —
What besides tlial?— I cannot recollect
just now.
Was there anv thing said by Fairley you
thought it your cluty to check him in ?— I do
cot remember.
Was there any thing about violent roea-
»iirc8 about lo be prottoscd in Edioburdi ? —
I t}nnk he s^aid, that some people in tldin-
Diirgh, would probiibly repent of their con-
[:'duct.
^N hat people ? Was it the Friends of the
People ? — No, I did not suppose that
NVho did you suppose tliera? — I supposed
, it was their upponcnts.
He left you some printed papers? — Yes.
What became of Ihosie priuted papers? — 1
[gave, to the best of my knowledge, a copy of
a letter of rcgidalions and rules lo
' and my friends burnt the res-t
When did they bum the rest ? was it before
^ or since the warrant sent for you to Stirling?
I - — Yes, in cun^cijuence of that warrant.
Mf. Jmtruthcr. — Now, before you go, only
do recollect yourself, and tell rae whether
I there was no conversation between you and
I Fairley, alter the company went away, more
k than w!ial you have staled ? — No, I do not
TccoUect ; it was verj' near midnight, and I
; vent to bed very soon.
Now, 1 only ask you» do you swear that you
pTecollect no more of tiie conversation with
[ Jairlcy, than you have now stated ?--I can
very s;ifely do it 4I present; several things
may have escaped nie, Uiat, by helping my
rccoUection, I might answer
Joseph Gurnall sworn.
In what employment are you ?— A king's
SQesscnger
Pray do you know a Thomas Hardy in
I London? — Yes, my lord.
Were you ever employed in searching his
t house ? — Yes, in consequence of a warrant
I from the secretary of state, jointly with Mr,
rXftuzun, I was to search his house, and seize
I hh papers.
Now, sir, did you see any of Hardy's pa-
ftns ? — In the bureau of Haidy's house, I saw
lardy *s papers. 1 found that letter in his
llyurcau.
Yben ?— In the morning of the 15th of
Alexander Mdchell sworn.
hard Advocuic—^lt. Mitchell, where do
[you commonly hve? — In Stirling.
( Were yuu 'living llierc in the month of
L April lait ?— Vcs, I was.
Wa«v there any Mjeicty of the Friends of the
T ' " .1 was tt member of it.
'tary of it ?— I never act-
I tu vi *' . rly^ but as ie-
Wii*** .'VT I - u -ifc^ii f— liilmariiocki
Trial o/David D&mie [] 16
Gawstone, Newmills, Darwell, and Strat-
haven.
Do you know a man of the name of Tho-
mas Hardy? — He is designed a shoemaker.
Has he any other situation ? — He is secre-
tary' of a Corresponding Society in London,
Did you, or your society^ or any of tliese
societies, receive in April la^t, or in the course
of this year, any letter from this Mr. Hardy >
— Yes, a letter for the society in Stralhaven.
What was the purport of that letter? — A
principal p.u-t of it was, announcing a proposal
for another British Convention,
Would you know the letter if you saw it?
is that like the letter ? — Yes, I thtidc it bears
every resemblance of that letter.
Now, sir, did your societies do any thing in
consecjuencc of lliat letter to your knowledge?
— Yes, there was a meeting of the United
societies, as I mentioned betore, at DarweU^
on the receipt of that letter.
Wliai did you do ? — The consideration was,
if it was proper to send a delegate to that
convention, and it was agreed there should
be one sent.
Did thai society do any thing else inconse-
quence of that? — There was one appointed to
be veady to be sent against the time it should
be called.
Did they write so to Hardy, and give him
anv information of it ? — Ye^, they £^
Did they write them ?— Yes,
Who wrote the answer? — It weni in my
name.
Did you write it ?— Yes.
Look at that letter, and see if you wrote
that answer lo Hardy; is that your hand*
writing f — ^c^ I recognise it lo be the same
from all I can judge*
What was the name of the gentleman yoit
chose to be delegate of the society that was to
be held in readiness ? — I do not conceive it,
would be of any direct use to the Court, or I
would mention it ; it might be a cause of
trouble to the gentleman.
You are bound to mention iL What was
bis name ?— James Wilson of Strathaven.
Lord Advocate. — ^This letter is found by
Gurnall, 13th May last, in this rentlemaa^s
hand-wnting, This letter is of tne date thai
Mr« Gurnall speaks to.
[Heads.]
" Fellow citizens ;— The society at Stratha-
ven received your circular letter bome time
ago, respecting another British Convenlioo to
be held in England, and finding it would be
inconvenient for them lo send a delegate for
tiicniselves alone, the cause being much sup-
pressed here by prosecutions, whi^h we aro
Bubjected to from the petty ahi ' iir
neighbourhood, we havr united on ; i h
ihr in Ivilmai: ' ' v.
mil rwalL A' 115,
of' . .u._ ,jj
81; ^U
Jut Higft Treason,
j;alr was elected fur the
vutl a secret comtJiiltee
ed U> coiiduci lUe business* You will
farward your orders to tis, when,
»j,i. ' : ' Jilion is to meet, with
a ; ur informalioD you may
^ ^ t '^ hall instruct our dele-
M I r - ^ r 1 1 J 1 , 4 i [ 1 L HI! iber and strength of
: KKiciu >, -iudarc huj^^py to fraternize with
jnu in any thifig thai ma;^ tend to promote the
pMnl good. — VVe remain yours, in the cause
oTlilbertjr^ f<»r th<! United Societies a^s above,
"Alex. Mitciull, sec.
, 9th Aprils llOiJ'
i per post, and Addressed thus^
, T, Hardy^ shoemaker, No, % Piccadilly
London."
Walter Miller sworn.
^ Adt>ocittt, — ^Vou live In Perth, do not
l}id jrot] erer hear or know of a man ealkd
fltoows llttf dy }—l have heard of such a
X\\A *ji-iM £>vfT rrrf iv^ nny letters fromhini ?
, but I got a r.ir-
ju by way of Edm-
\ it Uw»g before the ehcriif of Perth took
7DI up^ tod asked some questions ? — It was
BOC lODg, 1 cznoot say the time.
l/xk ai that lelier>— Yes.
Loek at tt, ami see if it is the same?— I
Isn J^ to look at it any more, when
Be s 'it that, and sec if you
€*€f la -Ycb, 1 saw that loo.
I David Downic?^ — Yes,
vou? — Ycsj certainly I
'-'"d in mv possession
ilk oi it,
- iij Itller, *' we pro-
to »enii one published by the Courier,
Ibe plc2i*cd to send us a parcel with your
Wlttt soft of address was it ?— It was pam-
fyetfl*
Wbal vt^ of pamphlets ?— Political Pam^
WbAt rnphlets ?— I do not know ;
Wa9 ther^
jtKaaf-^
A. D, I79i*
[II
Iter, a small
■I I J, V. ji,i tliis parcel? —
IcUcr, whether it came
I was it ? — It
I- caikd the
ere,
t of that let-
, I :< a
tlii4t Mi;k« ;^ tiling highly pru(ier
n Hardy, did
ucc of it?—
Wliatwere those steps?— Tlic comtnitle
considered it,
And what did they consider ? — Why, if it"
was a measure resolved upi*n by the olhej*
parties of the kingdom ^ they were to adhere
to it.
What do they mean by that?— The purport
of it was, they were to send delegates upon
due determination, which they could not tell
without consideration afterwards.
They were to send delegates to this conven-
tion ? — Yes.
Ix>ok at that letter, and see if it is like that ?
— I could not say really ; there was a copy of
that letter seiietl iu Perth ; I know that it was
directed to me.
What was the size of it ? — I do not recol-
lect the size,
Mr. CUrk, — Do you remember the tin
when Mr. Watt and Mr. Downie were seize
and imprisoned ?— I may remember that ver
well; a few days after that I was apprehend
od myself, and have lain in ^aol ever §ince.
Had you any notice from Mr. Walt, orMc
Downie of such a proposal as limt ? — I ;
very certain there was no proposal of tha£
kind. I ^vas a member of all the committees
at that tune existing in Perth.
And ^*cru never heard a single word ahou
arms, — ^3 or 4,000 ?— No never till yesterday
night, when I saw it in the newspaper.
Vou said ^'ou were a member of the society!
— Yes, certainly so.
Are you a member yet?— I cannot be a
member while I am in prison.
Did not you cease to be a member of thatl
committee ?-*-Yes.
Why ?— For some diflTerencc in that society,^
What was it ?— 1 suppose^it is not connectc '
with this cause.
CViirf.— We cannot tell till we hear it, i
may be materia! or not. — If the iCourt will ob*
lige me, I will ; but I wUl not enter iutobu-*
siness abstract from the cause j it ib not con-
nected with the cause.
iri/rt«i.— My lordsj, if you have no more
occasion for me on this trial, I think I have i
right 10 my liberty now,
Xj&rd Advocate. — ^The witness is taken itp
«nd iraprisonedunder a warrant for trr asonable^
practices, by an act of last sessions of pirlia*
ment, suspending the act of 170 1. UisnotJ
in the powerofyouc lordship to liberate hiiu,.
without an order signed by 6 at icjist of the
privy council.
U^fnew. — I beg leave to be he^rd a few
words — 1 1 is in my knowledge that I was
tnkcn up in a most illegal manner, by a war-
rant from the sheriff: I have been detained
here three months under extraordinary cir-
cumstances, and have received the worst of,
treatment; last night wliea I went hom that
bar, I meijlioned tu your lordsliip my ajiptar
iug under harticular circumstance*, tiiid bcinj
so long a prisoner^ and luvujg met with Mici
•cvere treatment, it might be Uiouglit I w.i
come here at the expence of ihl^ V4atV^\il<
34^ GEORGE III.
> save my own self. I was cletermined to re-
tire eivrng evidence, aiid staled my objection;
ny lord advocate fold me I w;is not to be
brotiglit to trial, I know I am enlHIed to niy
'ibcrty*
Lord Praident — What you have remjired
ft"' ^ ' ;rt we cannot do ; there must be an
I to the privy council, and upon
itir.ii ityyur-xmo, his majcsty*s advocate may
fhc heard a£jauj&t it. Tim court can do nothing
in the Ijubiness one way or another. The law
is open to you, if yoti have been oppressed.
'Xhis is not the way it can be dune; the
|Court bas nothing \o do with it in this shape.
WUtifts.-^l asK one question ; is it not the
ated law of the country, that when a person
|js once admitted a witness, he is free from
"hat criminal charge; can 1 he freed from all
riminalily ?
Lord President. — Apply to your counsel
Ifor advice. All this is quite irregular. The
I Court canuot hold any more conversation with
jfou upon that subject.
Lard Advocate. — We have done for the pro-
faecution.
Mr. Cullen, — I wish to trouble the lord
_ldvocale to csplaiu something concerning a
■tTftUsaclion tluit passed between him and
IJr. Watt; 1 wish the Jury may sec what
Uie description and character of Mr. Watt
WHS.
Mr Amiruther^ — I am totally at a los« to
understand how the character of Mr, Watt
an be made evidence on Mr. Downie's trial,
pl»ut still I have not the smallest objection
^ > your cxamimng the lord advocate.
Mr. CulUn. — I wish your lordshin to give
account of the transLiclions anu commu*
dcations your lordship had with Mr. W^att,
eptrding the subject of intended riots, or
NTith regard to any thin* of the like kind ?
Lord Advocatt,—\n October 1792, Mr. Sc-
reiary Dundas was in the country ; at that
lime tlicre was a very general alarm, it was
mmeftiatf Iv hf fjrr tlu i.arliament was called ;
^»d ! , cl out upon rumours
&fnu I nous disturbances in
cieui piifis oi till? country. Mr. Dundas
' ^cvrral t'oiiverf.ationfl with me, the soli-
M' I k1 with Mr. Pringle, the shcrift*,
\h icfl that a person had wrote to
'oi'ure, stilting to him
I number of people
rt;Ut:u 111 i-jjuiiii: * , 1 ,^ ;-
lificfoijs conspiracy \
ll)uudas, thereJore, .-
labout this man, to see u
||i<^wa*«: Mr. Prin^lc,lh<
juiry, am! I rcmcijUier si
Jmbout the beginning of >.^
tbe rouuiry, Mr, Tringic tola me lie had
nndc rnqn'Tv, I tif Iil'vc of Mr* H.ilfour the
y of our inquiry was
i '} confulf' ill htm *,o
Lpu bj ecu W he n I c;i
lie aamtUtucs came iq m; uou^c m Kjmi^^'^
Trial qf David Dcfmnie [ 190
square, and mentioned some things that were
^in^ on, and gave me the names of certain
mdjviduals. He likewise went to the North
of Scotland, and wrote from Dundee and
Forfar, stating the situaliou of that part of the
counlr>% When I saw him he ^ve me some
accouuts, which he said he hacTreceived dur-
ing his journey, particularly some he had
received fn Fifeshire, or Forlar, about a parly
of soldiers from Chatham, whom he repre-
sented as having been seduced from Incir
duty* lliis appeared to me material. He
said those soluiers were at Perth, and after
!>ome correspondence, they were found there ;
lort! Adam Gordon ordered them to come to
Ediuburgh ; when I was informed they were
arrived, 1 went down to the Abbey, and cjca-
mined them all separately, in lord Adaih's
presence; and his lordship's opinion, and mine
was, that the information given by Walt re-
specting them was not founded. The soldiers^
at lea**t, denied every thing which had been
imputed to them, by the persons from whom
Watt said he had received the information,
and it rcslcd on the credit to be given to the
opposite accotmts. There the matter dropped^
and I gave it no more at tent ion* He Came
altcrvviirds occasionally during the winter, and
communiciUt'd lomc several particulars of the
procccdiugftuf those clubs and societies, which
were tlien meeting in Edinburgh ; somcoflliese
persons were then tried betore the court of
juslinary.
Jt appeared to me, that the persons I had
heard of that composed tbose clubs were, vk
number of them, m a very low situation in
life ; and there was clearly more money going
amongst them than could, as it appeared Iq
me, spring frum their own labour ; I suspected
it might tome from London, or perhaps frcflo
France, and 1 de&ired him to inquire parllcu**
larly into that circumstance. Some time after
this, he wrote to me in Loii<l' i' »K.t q^o or
two pcrnons knew somethiij which
they otTcrcd to divulge, provu : . , ^tt)could
give them a large sum of money about a thou-
sand pounds, or some such large bumofmoo^v.
I wrote him in reply, that I could not comply
with such a proposition, but 1 afterwards paid
him 30/., as he said he had accepted a bill m
iavour of one of those men for that sum* t
wfi V clerk to pay tt, and it wa$ paid
at In the month of May, or In the
cuur e <ii MIC summer, he wiotc to me in re-
gard to some provision for himself, which did
not succeed ; and so far as I can charge tny
own memory with il, I never saw or ucikrd
frnin l.Mii sliui* Ink M<\'A ~\{\\u fi.lili^cf fyf
■Jier
^ , jni
liim when 1 wtw at tin ^e,
last September, it wo\i I to
me thai I did « I was tticie Uit^ Ultt^r end of
Sfpfrinhfr: I hiire t'ndi'Mvmffrd to recollect
niol recollect
; but I tua
ccUiUu iiucu Utlwl/t:r UhL i ncvtjr saw or
\at] for High Trtmoiu
L of him* The next time I heard of him
n !Kr meeliTT: of the StLret committie of
^ 1 1 urns, when Mr. Secretary
-i«<i to ua ihc discoveries
I had heard heforc
rsioa of the Britisii
I Watt had appeared,
Bui it never en-
uj was Uie man. 1
cqufitlence in hini»
him with any thing.
ruck when I heard
- wa.'i the man who
I given Mr. Dundasaud roe
M* ntJemcn of ihe Jury;—
kTbc l] tat I had been suggested
Mr^ L>;iiuiit:. and appointed by the Court
be ocie of his counsel, I felt myself under
bt tu ' J lid* so unavoidable when
.*i. *k^ V fence of a pri-
I li been always
,.-.^.,. v...«* ;ur a number of
ive as far as in my power, de-
^ iht' rniT^lovment.
lArly distressed
I useil was atrial
^_itlt«* Liw ui auoUicr cuunlry, with which I
Bjielf, havr little or no acquaintance. It was a
■^ 1 I»l or ''^8 ^ ****^ '*'^* ^"* *"^"
J tc . - o? the law of England,
wbkL I am, if possible^ still less ac-
iTC pa ' I \ did I feelthesedi/riculties
ufTji \ whcx) I understood that
fi^"^: ' :iashed as they
!rUi' Hies, had found
-^* ""'thercoua-
ition and
__ ... ^ — .., „. .Jerlogive
»lAi»taJice \u the conducUng of thei^e
ciili<*in, 1 wbh ll\at the situation of
Le persons whohavebecn now
I, hul brrn cuch, as to enable
c si-
upoa
f lilUiir Aide. Uul uiih;ijk|>slv, liidi vwi!* far
I ihetr rc:ich, and they wrrri obliged to
luen whom
ouMsel.
«-!»■• h which t
L aiyael I upon my
' it'a lo shrink
Ikw: i have ii»'
m i ' I" > I \
rta axi
ipkiaed
'it xiot re*
,i1<'r lu an
-.d it
liour-
"4^115; iiiu^i^i^^^ 4^i aij lU'ukj^'igiul duty, la
A, D. nD4. [122
give that aid to persons un' ircura*
stances; and it was from tli' rations
that I yielded to ihe solicitaliun^ot Uie prison-
er at tbe bar, and agreed to assist him to lliu
best of my power.
If any ihmg could have added to the anx-
iety of my ramd, it was what t came to learn
of the character and situation of this poor
man, whom 1 never had seen, nor knew any
thing about, before 1 was appointed one of his
counsuL A man, advanced in years, in the
decline of life, with old age coming fast upon
him. A man, in a creditable situation, and
who for many years has been a member of one
of the most respectable incorporations of this
city, with a character perfectly unblemished
and unun peached. Add to all this, his hav-
ing a wife and lamdy of children; and I
could not help ihinkiug strange, nay incredi-
ble, that a person of such a description, at a
|>criod of life when innovations ajid commo-
tions wi:re surely no object to him, could be
guilty of high treason, and enter into schemes
for the overthrow of th ;^ - iment under
tijc protection of whi< ; his fasmly
were enjoyinfr peace aiw -....^y.
The more Uiat thei?e ihmgs have made me
believe him guiltless of any such wUd and
criminal designs, the greater has my desire
become, to do justice to his defence; and, un-
der all this anxiety, I much fear, my inability
to discharge my duty properly. I will, how-
ever, endeavour to do my utmost i and as^ know
the justice and candour of the Court before
which i have the lionour to plead, so I know
also the integrity, the attention, and the hu-
manity of the jury whom I address, and that
ihey will not only pardon, but amply si^pply
any defects of mine.
Gentlemen, what is now brought before
vou is a charge against the prisoner at the
bar for Uie crime of hieh treason, and you all
know that it is by the Taw of England he \b
to be tried. At the time of the treaty of
Union, as was very properly staled tliis mor-
ning by fhc lord advocate, it wan judged ex-
pedient, and it certainly was so, that with re&t
peel to a crime of this nature, the law of the
two countries should be put upon tlie same
fuoting ; and, accordingly, it was agreed and
determmed, tbat the law of England should^
as to treason, be made th# law of Scotland.
In consetjuence of this, soon alter tbe period
of the Union, an act of parliament w;is passed
in the 7th of queen Anne, by whicli it was
pp.viHi r7 tL tr Ti. linii^ < iiiTiing, such crimes
aii trcahon or mis-
,,< I in England, shall
irned, adjudi;cd tiud taken to be high •
1 .md misprisiun of high treason witlim
Scutjand. \n short, the law of treason in
Engluud was made Ulc law which lit that par*
ticuTac wa» tfi govcru ikotiand ia time to
conte>
r , ' \ ' ilemcn, i\ "
a iidcnce iij
ob J > V 1 i *yuii Luc dalUTQ til \Xyif>, iiV
v
a UuiiiW^J
183J 34 GEORGE III.
Df treason in England, because, as I have a!*
sady said, the taw of England is what I am
ery little acquainted witn. I have endca-
ured, however, since I had the honour of
ibeing appointed counsel in this case, to con-
itder ana peruse, with all the alien tion in my
K>wer, the books of the law of England with
egard to treason ; and although 1 shall not
trouble you wilh long quotations, nor with
reading many ptissagcs from diflerent books, I
shall t;ikc the liberty of stating some remarks
wilh respect to what I conceive to l)c the law
of treason, as Air as it can affect the case now
under consideration.
Gentlemen, the great law wilh regard lo
bigb treason in England, is the well-known
statute of the '25th of Edward 3rd; and that
act of parliament w*as passed tor the very pur-
pose of defining and rendering the nature of
the crime of treason precise and certain. It
is mentioned by all the different writers upon
the law of Ei^glandt that, anterior lo the pe-
riod of Edward 3rd, the law respecting treason
had been so tmscltled, and undefined, tliat
trequcntlv crimes of a much lesser degree of
guilt, hatS, notwithstanding, been accounted
treason. In order to prevent this, the statute of
Edwartl 3rd was passed, proceeding upon a pe-
tition from the Lords and Commons, the mode
in which acts of parliament nin at that period;
and llie act itself declares what offences shall
in time coming be adjudged treason.
There are only Iwo branches of this statute,
which it is in any degree material for me to
bring particularly imder your view, Tlie first
thing that it declares to be high treason is,
the compassing or imaginin* the death of the
king. The statute itself, like the others of
that period, was wTilten in the French lan-
guage, and the words arc ** compaser, ou
ymagincf la mort nostre seigneur le roy/'
It is perhaps singular, as has been well Vc-
marked by an ingenious writer, that the life
of every British subjert prosecuted by the
crown for treason should continue to depend
upon tlie critical construction of two obsolete
French uonls.
Another species of treason declared in this
act is> the levying war agamst the king ; and
the sUitute provides, that when a man doth
compnss or imagine the death of the king, or
fioth levy war against the king, and thereof
ht proveablementt tlmt is upon sufficient proof
attainted of open deed, he shall be adjudged
guilty of treason. These are the only two
sjtedes ol treason to which I fmd it at all ne-
cesagry to call your attention « Indeed the
♦ h. .., ;, xhi\ upon which the present
> n1i*crre, that the very dc-
I is statute was, to prevent
. :r> to what was trea-
i^ in time coming
was to be adjudged
Ji the statute had ac-
fined to be such* A nd
:: : Lj.(;ccdlxigly £rt»m those who
Trial of David Dawnie
[124
think that it was meant to leave lo judi-
cial power, lo enlarge by constniction, what
should be held treason j for 1 take it, that this
is directly opposite to what the statute had in
view. It explicitly declares and specifies
what should be held high treason, and that
nothing else should be considerea as such,
and it very anxiously and specially provides,
that if any other case, supposed treason,
which is not specified in the act, shall happen
to occur, the judees shall not hold it to be
treason, till the kmgand his parhamtnt shall
declare whether it ought to be judged treason
or other felony. Thus careful wab the legis-
lature to render the law of treason fijied and
certain, and to provide that it should only be
in the power of parliament itself, to extend
the law, and bring under that description, any
other offence, which this act had cot declared
to be such.
In the weak and unfortunate reigtt of his
successor, lUchard 2nd, many different acts of
parliament were passed, declaring a variety of
offences to be treason, which were not such
by the statute of Edward 3rd ; but all these
were repealed and taken away in the bcgi
ningof the reign of Henry "ith, by an
which set forth, that no man knew how
behave himself, to do, speak, or say, for dotdil
of such pains of treason: and therefore de-
clared, that in time cominr, nothing should
be he!d treason, otherways tlian was ordained,
by the statute of Edw*ird 3rd. Notwitljstand-
in^ this, it so happened, that in succeeding
arbitrary and tyrannical reigns, and particu-
larly in that of Henry 8th a great variety of
offences were most improperly declared to "
treason, although they could not, with I
least shadow of reason, come under that de-
nomination. But all these were soon aftci
completely abrogated by the statute of th<
lit of queen Mary, which again brought bad
the law of treason to the footing upon which
it stood by the 35th of Edward 3rd.
I mention these things, gentlemen, in order
to show you, that the great object of the
legislature' has always been, to leave as htU^
as possible to interpretation and constructioi
ana to keep as defined and as clear as niighl
be, what should be held high treason ; so thai
the subject might have a certain rule whcrchj|^
to square his actions, and to protect him iwm'
arbitrary prosecutions for treason, when in
fact no such crime had been rommitlcd.
Posterior to the act of queen Mary, which
I have just now mentioned, *>ome new
K»ns were created by statute, but they hav|
been chiefly of a lcmiK)rary nature. Ther
were some in the rcigti ol Elizabeth, and
ill tlif rri'Ti ttj' Cliiirlr^ V'lul liHJ \\it'\ v\\\Uv
CUM I M iti the \i\ui
iriou nd I hope find
trust will ii>n^ "vcr Ihesi
kmgdomii. Ti 1 noi
lude, however, du uul iu the least
CSC
Jhr High Treasojh
loQcU vSKOk Uie present question ; so th^l, in
iImiI, the shj^]i' and onJy statute which is to
icrenrtiri ti^ nnd explaining what
ia lo te hi:i L:ison, is that of the 25th
Tlierc U a ftCatule, Indeed, of great conse-
ouciKc. wh' ' d some ye^s after
tMluspy J 1G&8, I mean the
■ctof Uw r Lii ui ^.v iiuaiu 3rdr for regulating
oi Irtalfl to cases of treason.
0eaide$ other salutary regulations which
Ite ilalulc iutrtxluced^ it provided, that no
feaoa shodd be indicted, tried, or attainted
cf tmaoOy but upon the oaths of two lawful
Wflaesses* either both to the same overt act^
«r ooe of then] to one, and another to another
ctof the same treason* It farther pro-
d, Ihil if two ur more distinct treasons of
Hi kinds should be charged^ one wit*
aeift lo prore one of them^ and another wit-
wmmva prov« another of the said treasons,
ibould r * *" 'eld two witnesses to the same
txami Ue meannig of the act And
A dlkti iMi . II if the act was, that no evi-
teee «radl I : ' r i : tied or civen of any overt
act, Ih^ wa^ uuX i..\prcs6ly laid in the indict*
metiL These are some of the important re-
pililion^ eatablished by this excellent statute;
aod them will be occasion for you to give
•Qoe attention to them tn considering the evi-
doKe wiiich has been adduced against the
frmoftt at the bar
Bjfiiig ihns endeavoured lo give vou a
ticw df the statute law upon this subject, I
; o&w otxsene to you, gentlemen, that the
iodklmciit cliargca the iirisoner with
Cbe fint ipecies of treason, which h that of
CMfittioe or imagining the death of the
Idi^ too it will be with you to consider,
vlNuer the overt acts that are laid, amount
UfkA cnmt.
If ii oat indeed pretended by the prose -
tii'it lit tAii L'-slihliHli agaui&t the pri*
or imagining Uie
4aih M ile to the terras of
fbc stAtAitc; but ywu aic told, that there is
hmmn in law, wliat is called constructive
iM&iooi, or, in other words, a treason not to
ie jboad m fUe l**U«*r of the law, but raised
'Ation. Thus,
IS one of the
Ml III* M itstte of Edward
conspiracy to levy war,
.11. ".vied, is not; and,
conspiracy, it has
i not falling under
the first branch of
A or imagining the
res of constructive
iargcd against
L to construc-
t beg leave to
it i* of a dan-
.1 to
ieast
i.iivviiLiJjU.i.ilt'li, As
I said before, I shall not trouble rou with
nuoting many itulliorilies, but I must take
the liberty of here laying before you a single
passage from a most respectable author — I
mean sir Matthew Hale, lord chief justice of
England, a man not less eminently distin-
guished for his high integrity, than for his
great abihty and knowledge ot the law; and
m his history of his pleas of the Crown, in
speaking of constructive treason, he uses the
following words, which I shall beg leave to
read to you.
After mentioning tlie great mischiefs that
were brought in bv constructive treason, he
says ; — " Now although the crime of hjffh
treason, is the greatest cnmc against faith,
duty, and human society, and brings with it
the greatest and most fatal dangers to the
govcrnrneut, peace, and happiness of a king-
aoraj or state, and tlierefore is deservedly
branded with the highest ignominy, and sub-
jected to the greatest penalties that the law
can indict ; yet by these instances, and more
of ttiis kind that uii^hl be given, it appears^
ist, llow necessary it was, Oiat there snould
be some fixed ancf settled boundary for this
great crime of treason, and of what grreat ini-
portancc the statute of 2ith litl ward 3rd wan^
in order to that end. 2nd, How dangerous it
is to depart from the letter of that statute,
and to multiply and enhance crimes into,
treason by amoiguous and general words, as>
accroeching of royal power, subverting of
fundamental lawSj and the like; and, 3rd^
How dangerous it is, by construction and
analogy to make treasons, where the letter of
the law has not done it; for such a method
admits of no limits or bounds, but runs as far
as the wit and invention of accusers, and the
odiousncss and detestation of persons accused^
will carry men.'*
These arc the sound and wholesome admo-
nitionsof this great lawyer and judge, who, as
you see, gentlemen, from tlic passage I have
now read to you, points out, in strong and
forcible terms, the unminent mischiels and
dangers, necessarily resulting from the loo
reatOly giving way to treasons by coo*
struction.
But, gentlemen," while I give you this cau-
tion, in the words of the venerable judgo
whom I have quoted, I am not upon th
account to say to you that in the law of En
land there is no such thing as constructive
treason. I do not pretend to impose upoa
you so idle a doctrine ; for I mean lo be can-
did, and, as far as my knowledge will enable
me, 1 wish to state lo you fairly, what I con-
ceive to be the true principles of the law.
There undoubledly has been admitted and
sanctioned by law, what is termed construc-
tive treason ; and accordingly, a conspiracy to
levy war against tlic king, although such war
not being actually levied, could not cocne
under that article of the statutti of lex^ying
war, has, by a certain construction and inter-
pretation, been hold to come under tjie &st
3^
^ngj^l
:ti¥e™^
31 GEORGE III.
'"branch of the act of cooipassing and imagin-
ing the <)calh of ihc king.
I Hii», gentlfmen, as I have already re-
I marked, is that species of constructive Irca-
I BQO^ of which the prisoner is here accused.
He is not charged with any direct aticmpt to
I imaeine or bring about 30 horrid a purpose ;
but ne is chargen with what, it is $aia is to be
r construed a compassing or imagining of the
I king's death. It rests upon this, that there is
saia to have been here a conspiracy to levy
war, against the king. If war had been
actually levied it miglit perhaps have araounl-
ed to direct treason, under the second branch
; of the statute of Edward 3rd; but it being
only charged as a conspiracy, or, in other
Iword^, a mere design and inteniion never
I carried into effect, so the aim of this prosecu*
ftion is to lead you to believe, that it is by
f construction, that species of the crime which
lb described to be the compassing and imagm«
jiiig the death of the king,
f Upon this construction, a conspiracy to
jlcvy war against the king^ i*? supposed and
understood to be immediately tending to
the compassing or imagining his drath,' bc-
I cause it is a conspiracy to do that, which may
I necessarily and unavoidably involve the
kiftfety of the kinj^'s person, or'even his sacred
[life. Now, I admit that a conspiracy to levy
Iwar, taken in the sense in whicn I have now
Pitat^ It. may be held a compassing or ima-
gining the death of the king, so as to bring it
I to be treason under the first branch of the
Irtatnte. But, gentlemen, I do beg leave to
laay, and I do not, in my humble conception,
hhink that I speak it without authority, that
I there is here a very great and important dis-
Itinction to be made, highly meriting your con-
lideration.
If the conspiracy to levy war be in itself of
I such a nature, thai the object of it is, direclly
land immediately, towards the person of the
|lcing, then I will readily admit, that agreeable
""> the received constniclion of •*' '^'", itis
I be held a compassing or ; the
cath of the king, and may . . .^ -ic be
lllrought under the ftrst branch of the statute
^Of treasons; but wliilc I admit this, I must at
the same time lake the liberty of saying, that,
wHh regard to conspiracies to levy war, there
is a necessity for distingiiishing, and for view-
ing the king in two different characters and
capacities.
In the first place, the king is to be con si-
dered, : V - ' : " ' ^ •
hisg.
' ivcd.
^ I of
di-
Trial of David Dotvnie
[196
as compassing and imagining the death of the
kiuK, undc:r the tirst branch of the statute of
25th of Edward 3rd,
Bul^ in the second plarc, gentlemen, there
is another and a very different character ill
which the king is to be considered, and
which arises from his being that part ot
branch of that constitution, to which the ex»
ecutive power of the state is entrusted. This
has been justly termed the royal capacity, or the
majesty of the crown, as contradistinguished
from the royal person of the king. It is, in short,
the authority of the king in rx'^'^"""- ?lm
Jaws, and it runs through, and pt 1 ry
branch, and every gr*xdatiou of th _...;ve
government, froni the very highest, to the
lowest and most inconsidcrriblc- In this view,
even actual resistance to the royal autliority,
and, sldl more, the intention or dc5i;rn to
resist it, is considered in a very di ^ 1 I it^
and as an offence of an infinitely c,
than where it is more directly a conipuacy to
levy war against the king, immediately id
affect his royal person.
There is no occasion for our here entcrifltf
into any discussion respecting th- ^ ^ oT
criminaUty that may altacii to ;l st-
ance in different cirf^-^*'"^^^ ' .«
rity^j but what 1 1 13
whii'h T riTiiP'it \ ,.. „_L... ' li
in re war act I ji<
be ; -I a mere 1 jii-
sptnxcy to icvy sucli war, does not involve ihc
« rime of cuTnr;is>ing or imagining the death'
of the 1 H the commotion or insur-
rection id, be snrh as is aime^
against ^ and not
merely .al cupacilj-
If t' 'id, or war
act slaUUc of
Edw.ini ..lu 11. but if It hif
merely a coii m insurrection,
or a purpose v» ^Mt ijnuw ^u levy war, in order
to resist some branch of the executive aii^
thority of the state, or some o(Ut*r nf tKe'
crown, I will be bold to say, that 1-
spirarv- a 1 ri mere intention to It \^ . ^as
not 1 or understood to constitute the
crin i treason.
Nuw, gentlemen, that I may not be $up>
posed to lay down this doctrine without au-^
thority^ I must be pardoned for bringing under
your view, what is stated by two vciy disLio-
guiiti ' ' /ment lawyers^ who have
trt: cl.
Ih:-
mti
ag,'i
y Mr. Ju-i
;v_it Pvfr\
W
d
10
er.
levy wax, may be justly dv
txea^u.
ity to It' ^ these
not tn Ml the
ft act
ug th^
king & dg^lh, because thc»c; purpuM^s cannot
jll,^^^^
199]
Jitr High Trmmn.
A. D. 179*.
[li
Uc crflfccteil by mimbets and open force with*
out manifest danger to his person.
Alter staling this, he in the next section
proceeds and says, " Ifisurreclions in order
to throw down all inclosnres» lo ulter the es-
tablished law, or change rehgioa * to enhance
the price of all labour ; or lo open all prisons ;
all nstnj^s in order to effect these innova-
tions, Ota public and general concern, by nn
anned force, are, in cons^t ruction of \%^'^ hi^h
j twason wiJhin the clause of Icvyinj:; war.
For, though they are not levelled \\X the per-
son of the kinir, they are against his royal
niitiesty. And beside?, Ihcy haveadirect ten-
dejjty to dissolve all the bonds of society, and
to dealroy ah property, and all government
loo, by numbers and an armed force. Imur-
rcctions, likewise, for redressing national
grievances, or for the expulsion of foreigners
I in general, or indeed of any single nation
I living hete under the protection of the king,
( or for the reformation of real or imajrinar}'
I eviJs of a public nature, and in which the in-
I surgents have no special interest^- risings to
j effect these ends, by force and numbers, are,
I by construction of law, wifljin the clauhc of
levying war. For they are levelled at the
king*s crown and royal dignity/'
Tlien he goes on, in the next section of his
treatise, lo mention a rising in tiie iOth of
Charles tst, which was in order lo surprise
^ and seize arelibishop Liud ; and afier explain-
ins the circumstances of that case, he m tJie
I following section says; *' Dut a bare conspi-
L ^1^ **>r ctfeciing a rising for the purposes
L^^tfutioued in the two preceding sections
^^BeS in the next, is not an overt act of com-
^^Pl^siug the king*s death; nor will it come
^tnider any species of treason within the ^5th
Edward ard, unless the rising be effected.
I Aod^ in that case, the conspirators, as well as
the actors, will all be equally puihy. For, in
high treason of all kinds, all the participts
\ cnminii are principals/'
l| ** It must be atiuiittcd that conspiracies for
these purposes have been adjudged ireason.
But thoj^c judgments were fonndeJ on the tem-
p^mLry act of 13lh FJizabctli, which made
comp&ssing to levy war, declared bv printing,
writing or advised speaking, higL treason,
diirinc the hfe of the Queen,
** liicrc was an act in the 13th Charles Snd
to the same purpose, on which some prose-
cutions were founded ; hut that act expi'cd
with the death of the king/'
You sec liere, gentlenieij, this learned aiid
respectable judge, a man of great eminence
and character, laying down, in clear and ex-
plicit term?', the very distmction which I have
taken the liberty of maintaining* It is tlie
distinction between a conspiracy to levy war
I aimed at the royal person of the king, and a
conspiracy tu effectuate a rising for the pur*
^^wi«e of redressing some grievance, whether
M^mI or supposed, or of whatever nature it may
H^^ In short, every conspiracy, which, if car-
' fted into effect, would aeccasarilv expose tlie
VOL. X.MV.
L
pcrion of the king lo danger, may be held
treason. But it is admitted by every lawyer J
who has treated of the subject, that levying
war is of two kind^ ; the one is against the
person of the king, and even to consnire ibis^^
ahhough such war be not aelually levied, ii
yet treason. Another kind, however,
against what is called the majesty of the king^
or against him in his regal capacity : and iiii
u) ere conspiracy to levy this, if nut artutilf
levied, is not treason, because it cannot hi
con%tnJCtion come up to be a compassing <
ima^^ining the death of I he king, so as to fall
under the slfitule of Edward 3rd.
This, gentlemen, is a point of the titmosi
impurtiiuce, and it uiay be an arduous matte
indeed to say wiicrc the line is to be {Irawn, if
you do not tix it in the very way that is tio
by the learned judge, whose words I hiivi
just now read to you. If any farther lalilud
is to be admitted, I do not know what tlicr
is, that may not be construed into a conspii
racy to levy war, so as by forced nnplicatioit
lo be held a compasMug or imagining tha
death of the king* An intention or design I
resist or obstruct any one branch of the civii
authority, or executive power of the statCj^
may be said to have a more or less immediate
tendency in its consequences to endanger thfl
person of the sovereign, and in that way, by
very strained construction, may be accounte
a compassing tlie death of the king.
It is fearful even to figure the dangers and
mighty evils to wtnch tliis might lead. If wi
do not draw a clear hue, there is no saving
how far it will reach ; and this may call
your mind, the wise admonition 1 read to you
from lord Ilale. ** How necessary it is, tha
there should be some fixed and sctlled
boundary fur this great crime ot treasons
and how dangerous it is, by construclion and
analogj% to make trea>*ons, where llie leltef
of the law has not done il ; fur such a mrthoAl
ad mi Is of no linyts or bounds, but nms as faftj
as the wit and inveuliun of accusers, and ihs
odiousness and delestalion of persons accused]
will carry men,"
Besides what! have read to you from Mr,*
Justice Foster, there is on© other authorityl
which 1 must beg leave to state, and it is that]
of another very eminent and respectable]
judge, 1 mean sir Jolui Holt, w!io was lord 1
chief justice of the court of Kind's- bench iaj
England, durin-j; ihe reign of kuig Willium.
lie presided at the trials of several diftercnt
persons who were accui«d of the crune oC
high treason after the Revolution; and^j
amongst olbcrs, in lite case of sir John Friemr
who was tritd for beinj^ concerned in a coti*
spirttcy against llie
I Vc tender.
In that case, when summing up the evi-
dence lo the jury, lord chief justice Holt layi
down the law in\he folio wing words : *• Then
there is another thing that sir Jolm Friend
did insist upoii, and that is matter of law:
The stiitule of 26th Edward Srd* was read^ {
K
kujg, and lo restore tho'j
131]
U GEORGE UL
whitih is the greii statute about treasoDS ; and
^thgt docs contain divers species €>!' ireaaoa,
1 declares, what ^hall be treason. One
on is, ihe compassing and imigining the
^dftth of the king ; another is the levying war i
[_^ow» says be, here h no war actually levied ;
la hare conspiracy or design to levy war,
I not come within this law ao;ainst treason.
Qfow, for Ihal^ T must letl you, it' there be only
» a conspiracy lo levy war, it is not treason,
I Bui it' the design and conspiracy be either to
kitl the kin^, or to depose him, or imprison*
> or put any force or reslrainl upon him, and
the way and method ofeflecting of these, is
LbjT lcv\nvf ii vvAr ; there the consultation and
to levy a war for ll^at purpose,
I btg I , though no war be levied ; for
Buch coimuitition and conspiracy m an overt
^ act, provmg the compassing the death of the
\ king, which is the iir*t treason mentioned in
I Uic stitulc of the 25lb of Edward the 3rd. For
) the wonU of that statute are, that if any man
shall compass or imagine the death of the
king. Now, because a man designs the death,
deposition, or deKtructioo of the king, and lo
h that ileaign, agrees and r '' -ij fevy war,
'Snd tins f^bould not be ti >n if a war
be not actually levied, is v i > , ^ . ., ^c doctrine,
and the contrary has aKvav«» been tield to he
Jaw. There may a war be levied with^mi rmv
design upon the kin«*s nerson, or c :
of il, which if actually leviH is hip ;
but a bare designing to levy war, without
morc^ will not be treason; as, for example, if
persons doasscmble themselves, and act with
Ibrr*' in opposition to some law which they
think inconvenient, and hope thereby to get
it repealed, this is levying a war and treason,
t though purposing and i}y- <»t so ;
' when iiiey endeavour, in , with
force to make some reforiii.i.uuii ui uivir own
bea<Is* without pursuing the methods of the
law, that is a levying of war, and treason;
but the purposing and designing it, is
uol so."*
In this clear and per?»picuous manner is the
law laid dywn by tin 'ilea rued judge. It would
be easy for mc lo produce lo you variouia
ether authorities to the same purpose, from
tho*c who have treated uf the criminal law of
England; but I am unwdling lo detain you.
I have read lo you the words of lord chi«if
justice Hult, who presided in the various iriak
for high treason, after lh« " ' " l'
and I have read to you tS.
roster, who *at as judge* in mi n f^.^ irn iir i-
aou ader the rcbelliou 1715, and from thai
circii"i->-'"'" frjd hisattrti^i"" ^^> rv,Mi...j,..i,
«allr anchofii
r lie ti' wrote a vu
lent trcaiisi. upon the sulijcct. A'
mea, you fmd ttu ^ di tiiiiiiishci
judgtis In very <i»>Unclion
flich i aui Ling your ullen-
• Soc Sir John Frieiid » case, Voh 13, p. 01,
oftbt5C:olkctioti.
Trial of Da^Jkfwnie
tion ; and which i^, that where the war to b«
Icvyed, is aimed directly ugainst the person ot*
the king, in order Id dethrone, or to depoitfe
him, then a contpicacy to levy such a war^
is treason ; but where the pur|)ose it merely
to make some reformation with force and
numbers, without pursuing the methods uf
the law, there, although the actual levying
sucli war is treason, yet a conspiracy lo do !»o,
or, in other wordi, the purposing and de^^tgu*
ing tt, is not so.
After having thus endeavoured to convey
to you a clear idea of the important distinction
wmch I have been here explaining, I must
now beg leave, gentlemenj lo call your atten-
tion to another principle regarding the law of
treason; and it is a principle the more
strongly demanding your consideration, be-
cause 1 conceive it to be of great moment in
the present case.
In other crimes, a design to commit the
crime, an intention or purpose of the mind to
perpetcate it, or even some step taken towants
the commission of it, does not con?»tttute the
crime itself. An intention to commit theft
or murder, Ijowcvcr it may mark the guilt of
the mind, yet while remaining a bare intention
it is not viewed m the same light, nor draws
aAer it the pmjishment of the law, a^iftbc
guilty purpose had been carried into efl'ecl,
and the crime actually committed.
In the crime of high treason, however, the
case ib dxii'creut ; and there the mlc isi, Voiuntut
reputatur pro facto. In treason, the circum*
staitce to be regarded is, tlie intention of the
mind. It is the purpose and debign ; or, in
other words, it ts the ^Ity heart, that is in
tins crime the object of pimishmcnt. Accor-
dingly, it is the tmitorously compassjing and
imagining, tlial constitutes the oti'ent*^, and
the overt acts are only viewed as tlie evidence
of the traitorous intention.
So clearly is this the principle of the law,
that if a person was to put lo death the kin^y
tlie indictment against him would be laid,
not lor committing that most atrocious act,
hut it vvtuld hv laid aLMin>l Vara fur coropas^
sin' riig; aind
tli« rtt act
to pruvtd tlie cumpuHbiu^^kMJ itua: it.
rVltcr the rcsiorution, when tli .^^^
came Vj be tried for the murdtir ol k
(!haries 1st, ihe indirimrtiiwas not luidt «
n4
n iif fi'^.iiii ill iiH. Kingf ;*rm thc
h< Its head was laid as one of Uie
!l siat«:d by Mr. Justice Foster,
s ** Mir II. riMinc ni musicbariBO
rly eOQi^ia
tanddbarta
the srv 11 ployed
by tJR iitocttua
pi< >sVd«n!d
fiv fueaoa
made UK; ol to c
]
laaj
for High Treason,
bttft. And^ therefor^
rektiies^ the indictmetjt
iuT traitorously compaas
[ iiMirrr ' h oi tlie king. And tlie
ing gflbi^ Ueay waa laid, among others, as
l«i«rt aet of cooapaaaing: And the person
was sufiposed to have given tbe f^troke^
I comricteo CMi the aanw indictment.''
I a Itille afterwards, be adds, ** The star
tnfUmtam biiUi with great proprk^y re-
ihm mle^ VoluniaJt pro facto. Itconsi-
Ibe wkked imaginatians of the heart
iilbe dama ilegrce olguiit, as if carried into
MtoaJ execution^ from the moment measures
to have been token to render them
la llie crtma of tre^on, therefore^ the law
fanideffaaiid looks to th« \»tcked imaginations
alllia faattrt; mid tlie overt acts are onJy the
asJind evidtixt; ol'llie Iniiturous pur-
From this it necessarily lo]li>u-4, and it
ygaalkmeOy V iilar attention,
laal lo logr ebafgo t ^i^on, and in
tag tlia overt ^.^^p .i.ij, and the proof
L ill supfmrt of tliem, the ^reat and inv
ot^iact must be, to weigh, with the
■I caiilioitd deliberation, the nature o( the
t and iuilLir Ih-w (ai Uk*t are sneh as
canj a cujx of a. Jury, of
thiwkk4Nl . *'se in thcpcr-
iiqM^^UMdifii iOinp^nMUgaud imagining the
teUmf the king.
GcntJrmen, 1 mu.^t entreat your attention
ta lina« for it is of |;Tc;it importance. You see
Ihm ptmcifik o( the law i», ti)»t it is li)e trai-
ptarfKite of the mind, which ubnc
Umi offooee* 1 lie overt acts are
I |;>roofsof that Iraitoroiia ptir-
^ibL Itertfore, ♦** '^•"_' to he consi^
I y^ M ttature, t 1 1 , and import
ov«it acts; anu „,,,.., vT they uitord
and convincing proof, that tliey
lcu>nori)v hint r»rucccfled, from the
ai^l M>n of compassing
jiumi « the king.
Ill lite |irc»e&t eadc, l^te tpedes of treason
dMBfid 1A» tba cofupassfii? and imagining the
itttS or "
oClbe kingf an
bo ^njch^HJ^ ti
ipr.
ti an olff f i
Hia
're, the overt
to prove that
11 Ue of no sort of
r as it can connect
: ■ >>irg Jtnd
to any
, v.* .... avail. It
">ie, or mav anxntnt
: kind ; but where
, m iupport of an mdiclmcnt fur rom-
_ and itnatritunj, it iim^t luvtrv^arily
i|i|i3r 19 that, ' 'is can be of uu
'i| in proof' i;o. In short, the
ptjrpowr I irt constitutes tht^
and a j i be !*ure of thai
purpose m lliC pu>un accursed, befuie
^UlfeoOfh . that, in
mkn cnm* i ^i ilic
aifti diica net cpniuiutc ; 'that
A.D. 1794. [131
it is requisite the intention be actually i:arried
into ctiect, yet 1 niU5»l at the same time ob*
«erve,that in ail crimes whatever, the greater
or lesser degree of guilt in tlie mind, ei^sen-
lially varies, and changes the extent of ihe ot-
Ituce. '1 bus, in iKJniicide, it totally depends
upuu the intention of the heart, whether ii is
to be decnjed any crime at all ; or, if a crime,
then of what nature Uiat crime is. The effect
ia the same, for the man is killed ; but the
person who killed him, m "v ht' amity or inno-
cent, according to circu If he 1ms
killed him by mnocent r, , or in ne*
cessary self defence, he is guilty of no crime*
If he has killed him only upon pmvocahon,
and in sudden passion, he is gudly only of
manslaughter. If be has killed i«m of design
and from nrdVice prepcmct cs malliia pn^^o^i^-
idia^ it is the atrocious crime of foul and de-
liberate murder. The whole colour and conv
plexion of the ofteuce, in sljorl, shifH and va-
ries acconiing to the degree of guilt m the
heait, from which it proceeds.
In treason, however, as I have already
shown you, the very essence of the cnnie hes
wholly in the wicked purpose or intention.
It is not necessary, as in other crimes, that
the purpose be carried into effect, but tlie
very heart is to be looked into, and if the de-
liberate and wicked purpose is found there, it
b the crime of treason. The law requires, ifK
deed, that the traitorous purpose must be ma-
nifestcfi proTjeubiement by open deed j that is
to say, by overt acts sufficiently proved; hut
as it is the crimmal purpose thai is the object
of punishment, so the overt acts are onty the
manifestation of the traitorous intention, and
arc not to be regarded nor held of any weight,
excepting in so tar as they amount, to clear
manifest andunequivucal proofs, of the wicked
purpose of compassing and imagining the
death of the km^.
My lord thiefjustice Coke, in the 3rd part
of his Institutes, where he treats of the crime
of high treason, frequently repeals the maxitn,
Actui non jAcU reum nisi mciu $U rea. His
not the deed that makes the guilt; but it is
the guilty mind that conili lutes the crmi
You are to look, therefore, gcnt)puien, tu tf
intentions and imaginations of the heait. You
are to consider the overt acts only in so far a.**
they may manifest the witkcd intention. Vou
are'scrupulously to weigh the overt act^, and
consider whether they alFord proof of that
wicked, dehberale, and ma lit louH purpose of
the heart, and whether they carry home to
your own minds and consciences a clear am*
full conviction of the compa5*singandimajgii>
in^ the death of the king, wiiich is tlie crir-
charged in this indictment.
GtQtIcmeo, I have dwelt the longer upon
this and have cnfurcr<l the more larnes^Uy
the principles I hii\ ', beciiusc I lliini
they are peculiarly ' to a c:isc sin
as the prcscnL In wri^ Muiiitrneiu wher
the fpccies of treason cliargcd is the conW|
passiuig or nuagiaing the dc^ilh of the kr
135]
S4 GEORGE III.
Trial 1^ David Dawnle
[136
Ihe overt acts la'id^ must be such as clt^arly
prove and raanifesl that tmilorous purpose.
This, as your own ^oud svciise will at once sug-
\ 5l to youj must be a very nice and dellculc
aattcr. Hard it is, to dive into the recesses i
pf the human heart; and yel, lUi yon do this,
ftnd see it in the cleare&t and futlekl ii^htf you
fcre not, as men of honour and integrity, enti-
ced to conclude, that guilt is proved, nor to
t>u.sign your fellow citizen to that puniUinient
Bfhitli is'due to xhtwr only who are truly guihy |
Df the crime thui is churG;cd. \
And this lcad5, gentlemen, to a considera-
Liou %vhit h I di'em of great importance, and
^viuch regards the nature of overt acts, as re-
Duisitc to support an indictment, where the
^arge is, the compassing or koagining the
death of the king.
There may occur certain times and situa-
|ions, where circumstances, which in them-
Lielvcs arc ,secmingly very f»bght, may yet \
iju&tly be held ^ucli overt acts, as clciirly and
I'Conclusively to prove and demonstrate the
] traitorous purpose But whdc, as I .^hall iuv i
t»lMediiUcly show, this not only may br, but at !
hCertain periods actually has been the case; \
►.yet, upon the other hand, there may full as \
kcertainly exist periods and conjunctures,
Inhere it would be dangerous and perilous in
the extreme, from any ci re um stances or any
^overt acts, other than those of the most infaU
rlibie atid vn^ambiguons kind, to form the con-
^clusion of guilt.
I think 1 may well and successfully illus-
.Irate this, by l»iking a very short review of
I tiie trials for higti treason, since the glorious
ijraof the Itevolutiou in IflBB. After king
>V illiiim usctuded tlic throne, and during his
jreigri, repealed attempts were made to over*
turn the govern mint, and there wexe even
•some conspiracies fur the assassination of the
king, Ju like manner, afier the illustrious
, Louse of Hano\'cr wu** happily seated on the
/throne^ diflferent cd'urts were m;ide by the ex-
, iled family and their friends, to excite rcbeU
k lion, and restore the house of Sluuri. This
produced, fust, the rebellion 171 A, soon after
the accessioi| of George Isl^ and atlerwards
the rcbdli^ 1745, during the reign of his
Jatc uiiijesty, king George 2nd.
Almost the whole cases that have occurred
of trials for liigh treason since the year l(JB8,
have arisen from themanv repeitteu^hut most
fortunately unsuccessful endeavours of the
exiled family to recover the throne, in these
triitls, much arLMinw ni .tul Jlsru.-tun seem to
have tj,krn pi i tt acts re-
quisite for prt , u; or i magi-
liifig tlje deaUt ot the kinj; ; and, m many of
these Citsr «, f,\ru and cjri umstauces appa-
rently vei have yet been helvl autfi-
ctcntton frstt»>r<'U^ pMrj»o*r.
tt IS nn/dJ.
lhrou£:li a nun. i
for com i of the
king. 1 1 - Icmen
haf procured a so mi k to trHQ>puiL ibem to
France, but were stopped before thry eot out
of the river Thames, and their p; d.
Among the papers, was found :■ r-
tendetfto be Uid before the French k:i!_ r
his ministers^ for invading the kingdoui ui i.i
vour of the Pretender, "with ni. .,
notes, and memorandums, all ten '\<i
same purpose. Lord Preston, ij.i» .i. ui|^iil,
went mto a boat at Surry stairs » in which he
was conveyed to the smack that was to convey
him to France, but was seized before be had
gotout of the river.
Upon his trial, lord Preston in^^ no
overt act was proved upon him it I *'X,
where all the overt acts were laid ; lor he wat
taken with the papers in the county of Kent.
But the Court told the jury, that it' upon the
whole evidence, they did believe that \m lord-
ship had an intention of going into trance,
and to carry those papers thither for the pur^
poses charged in the indictnient, his taking
boat at Surry stairs, which are iu Middlesex^
in order to go on board the smack, was a sui-
ticient overt act m Middlesex, Every step
taken for lltose purposes, was an overt act ;
and accordingly the jury found luni i^uill)*.
Here you see, that this seenungly trivial
and slight cucumstance of his takiiis: boat at
Surry stairs, was held a sufficient overt act of
the trea^Q charged; but then, you will re-
mark, gentlemen, that there beuig; a clear, de-
finite, and unambiguous object in view, and
to which the overt act was to be applied, so,
every step taken for accom that ob-
ject, was an overt act (i ,ns the
traitoroir i ^ x' .i V lo-
sing aii^: ■<[>-
jectin\it-", .... ,,jiv i, -lui.ii- i.M. *i.-.u.nJcr
wa*y utterly incompatible with the preserva-
tion and safety of the king upon the throne.
The papers and letters found upon lord
Preston clearly demonstrated what was in-
tended ; for they were written in prosc?cution
of certain drlerminate pur]^wics, which were
all treasonable, and t^icn in contemplation of
the otfenders. Any step* thereibre, even the
mto rrancc,
I and mani-
V! **If
France
I tl'urs and
uii iHUiruiid oi
taking boat at «S
was an ovt^rt act
fest. As mv '
any one can
at this time ui m
in such a manner, I leave to the jury's coD
bir1pr:Hl.»n "
through a great variety of other
Cii^ |^onthHthave occurtLil slmr the
Jlevohition, but it is altogether uu a%
they would only itlu'-rniic th» ng.
In all of them, lli en
to restore the cm ud
»*jr thii' (he
kirm ii> ,ic^
rid
%vu':u tiJ4i \vu.-i uic cMv^ uvcri ull^.^ even or ihc
137]
far High Treaion.
A. D. 1794.
[138
slightest k\f\(\, might be held sutTirient, U |
hemz impossible Urat any steps towards realo- ;
r'mg'^lhe Pretender could mean any thing less
than fiepo5»ing the king. |
Bur, geullcroen, it would he most unjust
and uvil'air, lo infer, that circumstances equally 1
slighti should be held sufficient overt !
acts, where the situation is v^idely different, i
mid where there is no such clear and deter- •
minate object to connect with a traitorous pur- I
pose. In order to fix the existence of the |
traitorous intention, it is necessary, that ;
there should, in the first place, be proof that
tlic object m view is clearly and certainly to
aftcct the person of the king. Without evi*
dence of such certain and determinate object,
it must be unjysit to suppose a traitorous pur-
pose» or to hold, as overt acts, fads and cir-
cumstinces, which may have had for their
fthject, something exceedingly different from
any such most wicked and criminal design*
it would be a dangerous thing, indeed, and
vrouUl be bringing ilic liberty and security of
the 5uhject into a most perilous condition, if,
upon the bare supposition of the existence of
a design to dethrone the king, and overturn
the government, any jury was lo interpret
into c>vert acts of treason, facts and circum-
stances, which, it there be no such object in
view, may be cither in themselves ahogcther
innocent* or at least infinitely less crirninal,
than to deserve the denomination of hi!*h
treason. It becomes you, therefore, gentle-
aen, and it is a duty which you owe to your-
elves and to your country, to proceed with
nicest caution and circumspection. Bc-
li^ou admit circumstances in the conduct
lay man, as overt acts of a treasonable
purpose in his mind, you must be well as-
sured, and have indubitable proof, that there
lid exist a certain and determinate object, to-
rards accomplishing which these overt acts
ended ; or, in cither words, that there was a
fixed purpose of compassing or imagining the
death of the king. Nay, more, yuu must see
that object clearly connected with, and
brought home to the person accused; for
her wise you cannot fix upon him the trai-
orous purpose, let the existence of the scheme
• ever so certain,
1 am much afraid, gentlemen, I have de-
lined you loo long with these general obser-
iations respecting the law of nigh treason,
piiy for the peate and tranquillity of this
ilry, wc arc little acquainted with trials
' this kind, and tlie subject being new to
Du, I thought it my duty to endeavour lo
itplain, as clearly as in my power, what I
onceivc to be the principles of the law of
reason, so far as any ways material for the
consideration of the present case. I shall
now proceed to offer you some observations
upon the evidence which you have this day
I heard ; and the attention* with which you
have hitherto honoured me, induces n^e to
llvpc ihut you will |>atiently listen tu what I
ikftve yd to say.
iiuec
^Hdid e
^Kmrd
^^Tcndi
Gentlemen, you have heard the indict-
ment against the prisoner read, and you have
heard it recapitulated and enlarged upon by
the counsel for the crown. It is very long^
and I will not tire you now by going over the se-
veral parts. I have already observed, that,
though branched out inlo a great number
different articles, yet, upon the whole, th(
only species of treason charged, is that oj
compassing or imagining the death of the i
king. Not being accustomed to this very
proUx form of indictment, I find my«elf lost:
and bewildered in its verbosity and cndlesi
repetitions. I presume, however, that I
various articles or counts, into which it
branched out, are meant as setting forth
many different overt acts of the species
treason charged. In place, therefore, of f
lowing the indictment minutely, I shall ni
confine myself to those particulars which th^
prosecutor seems chiefly to have rested upoi
as llic overt acts in support of his charge, ani
to which, accordingly, the proof winch h
has this day brought, has been directed.
The first branch of the evidence adduce
on the part of the prosecution, was, as y
were tola, to explain and point out to you t1
nature and the .spirit of the measures of Ihat
nieeliag called the British Convention, which
was held here some time in the end of last ji^
year. Evidence was introduced^ likewise, re^H
specling the objects of a society held in I>on^«B
don, called the London Corresponding iSo-
ciety, and you have had printed papers and
letters produced to you regarding certain
proceedings of that society. And the great
purpose ot all this evidence is, to connect loyH
getlicr, as Intimately as possible, the tieiv^^
and objects of that society in London, with
those of the British ConventioUj and the so-
ciety of Ibe Triends of the People in Scotland.
1 must remark, gentlemen, that in all thig,
the counsel for the prosecution have taken a
very wide and extraordinary range. Societies
in two distant and different parts of the united
kingdumy, are thus endeavoured to be blended
together, although composed of individuals
totally different ; and every measure adopted
by the one, ts not only to be supposed the
measure of the other, but every the most
wild, frantic, or intemperate proposal or ex-
pression of any rash individual in the one, is
not only lo fix that character upon the whole
of that numerous society to which he belongs,
but at once to transfer and to contaminate
with tlie same character a distinct set of men
at several hundred miles distance.
I will not detain you by going through
the papers which were produced, and which
you this day have heard read, but I must take
the liberty of offering some general remarks
upon the' whole of this branch of the evi-
dence, and what weight or influence it ought
to have upon your minds, in considering the
case of the unfortunate prisoner at the bar*
whose life is now in your nands.
It is a fact well known to all of you, that
for a number of } ears past^ there have been
many p^soos wlio have tliou^t that tl>ere
were abuser rcquiriag correction^ and that
for this purpose certain reforms in the cunsti*
tutioD of pjurliiitneDt v/as necessary. Whe-
ther this opinion he wejl or ill founded, I do
not think it in the least degree material for
me to iiiquire, nor would it he proper here to
enter bto such a discussion, I shall be al-
lowed to say, however, that it is an opinion
whi<;h has at least extensively prevailed, and
haa been countenanced aad supported by
many pefsousy not only of the highest rank
and most re8t)e€Uble eharacterSp but men^ as
zealouslj ana sincerely attached to tlie go-
vemmeiit and constitution of this country, as
aay la the kingdom. It ha^ been repeatedly
the subject of aiscussion in parliament, and it
has been an object, zealously pursued by
many societies and bodies of men in difierent
part* of the kingdom, and this for a course of
years past, without incurring the censure or
ineeting with any check from government.
Indeed, while men act u[x>n an opinion , of the
justke of which they h.ivc an honest convic-
tion, and while ihey pMr^n.^ »hRt, in a per-
fectly fair, legal, ami < rial way* Jt is
impossible, that in tli« . ,_ ^:A happy coun-
try, they can meet wkh either censure or re-
prehension,
I have said thus much, gentlemen, because
I wish you to remember and keep it in your
view, thai every man who is friendly to ru-
form, and even zealous for promoting it, is
not upon ll*at account, to be set down as a
perikOA entertaining hostile intentions aguinst
the law and government of the country.
There are many persons warmly attached to
reform, who«e views arc not cmly the most
pure, and whoee love of the constitution is
i>ot only the most thoroughly sincere ; but
wlio, from their very ardour foe preserving the
COD !»titu lion in its utmost purity, cherish the
idea of reform, and pursue the completion of
it with enthusta^uc teal. Whether their idea
be riffht or be wrong, it js of no consequence.
While they pursue it fairly and honestly,
thnr certainly ean incur at least no blame ;
ancf I earnestly request of you to remember,
that those who are friends to rcfurm, are not
upon Uiat account lo be supposed or pre-
sumed enemies to the constrtulion ; for if
you did, you would rashly mvolve in tliat de-
scription. Dot only many honest, sincere, and
well-meaning men, but also some of the most
^ure, the most enhghtencd, and the most ex-
ailed characters in tliis nation^
^ And, genliemen, 1 must beg leave to go a
little fmhcft and while yoti are to be careful
aot l0 pvesuoK, that men, because tbey are
fnetid^ to reiorm, are therefore hostile tv go-
jwrtnmenT, 1 mun entreat of youaisotorcflpcr,
iit m assemblies u{ men, you
I ooi ■■\r\ that tlic tJttraviiganl» the
wililyOf liti ae opoiona and idcaa
of some, u.; |>iQjonf and >dew of
every ci^ person of wfanch thi loclety
Trittl of David Dowtiie
or meeting may he composed. In all
such numerous assemblies, there will often
shoot up violent and turbulent spirits,
whom the more sober and moderate tnay tor
a time be unable to resist^ but because such
intempei^te men may for a while rtile, and
give the colour of tlieir own minds to the
proceedings of the meetingp it would be hard
to condemn the whole, in one inihscriminate
heap, and so involve the innocent with the
guilty. Let every mun be responsible for
hiniM^lf alone. In common fairness and in
justice, we ought to separate and discrmii-
nate; and till a man is proved to be himself
guilty, do not let us involve liim in the guiU
of another.
We have heard much to day of what parsed
in the meeting at the • i-
nuary last, and of the pr
farm upon 14th April. 1 um exct r
from wishing to vindicate those
and still less will I attempt to ju^jiisy uxir
wild and extravagant proceeding!? ; buU not-
withstanding Ihia, I am willing to believi^
that there must have been many individuaii
who, however well disposed lo siv*'^"» *f _,
cause of reform to a certain eil* I
never have adopted any vioh'nL t
derate ideaa of the leaders of i
but, on the contrary, if they ,
such tarther pursued, or about W he sortuual;
carried into eflect, would at once have rrsist
ihcm with their utmost force, and if ' >
ful in that resistance, would insi . ve
relinquisheil and abandoned a HicieLy, vvliobe
measures were not calculated to promote re-
form, but to produce anarchy and confusion.
You have been told, gentlemen, that to-
wards the end of last year, and in the begii^j
ning of the present, the object of the dilFcre
societies for reform, came to assume a new
appearance. The obtaining a reform of the
representation in parliament, was still held
out as the 05te»sible pretext, while, in facf
as we are told, more daring and criminal
signs were secretly in view. In short, it is
said, the plan was, to assemble what was lo
be called a General Convention, to be
posed of delegates from various societti
meetings and a&semhiies of men in diflfereot
parts of the kingdom, and which wa* intejided,
forsooth, t. ■' ;
initsrcpi' fo*
itself all ttic jijii' (1 n^cis VI a
tional legislature.
If there really did . xi^i .^ ,- -■- - •fsiB
it was not less wicked and crin
and 1!^''"-""'" *" ^ ^1*^ *'\lrrMii#> I
tip 01 ' '
nane, u
tional mil 'I
wL'iJ, .(lid I
and lo Like tlic requiMtc mcuurc^^ lor pre*
HI]
./br High Treason,
A. D. I'm.
[U8l
lii.
tplm
ffCitiiif lluU gencnd convention, v^hich, if it
ihfltfU lie actuated by so intemperHte a spint,
fl^j^ ^ fMtKlutCtivc of dangerous conse-
flUCTfg*. But ^hiJc I may reacJily admit this,
1 r ! f^ic pame time own, gciilJcnnen,
: my own ntind such a Jove and
ion, and
^t' of the
piopl* < , Li.nu tij iiit-ji iull coa-
TJCpin ^s of tb:it govornraent
1o oilertam an idea thai ) ed
eoofcutkin^ even iHt liau .. i. led,
it aetctr did, would ever have given
Qocurrrjice and support to any nica-
smtB mmtiii^ tinient^ or have gone a
li^fe aie{> i^i i to t^ke fair» Ic^l, sod
««MiiMtlo>ii«J ti*e4i6ufes for renewing their
U» iMMrUanoent for obtaining a
\ lemte lo say eealn, genttejneo, that I
Cir i-hiiig or attempting to
die V :> at the Olohe Lavern
Cliaik ij^rm i or in short of any'such
^ I ; and I think pvc-rnnient acted
iiy and wbely in usir - -r — ty pre-
I propaM getietaJ i But,
• |ifii4/«i^t!v -rMveTiuiK. ., .. -L^.aaur^ in
pod, rcmcuibcr, also, that
■I f . never did assemble ;
[caaooi retore^ thinkittg it ra-
bard i^ »-» with any certainty,
itld k^ve been the proceedings and
I of that Assembly, if they liatl
iMoughl toecthiir. \Vhat may be
il came of aiami as to what possibly
B^ can be no just gn>und for con-
X what was dreaded certainly
* V ' .1 tiie cotiventiun
I feel uiy mind^ nay, I
rn^taduiim, tmn r 1 t (unvenlion hud
r iaaieiiiblei), and jf i!j t v^ i c liny persons
Ibnned dani;<ji:i ^r criminal dc-
Ibey would hnvr 1 .'jtjJ their views
t»*!v ff isHir.itr<l iiiif ': .n^jjoiuted. When
Jm> ' It waA to be fi-
ts were to be pur-
must have pre*
td; and \prcs5ions, and all
tii«l^, fmUi, and iiiit.fn^»eratc resolutions
pfSHr9l9on» vViich had been before
I ^'' nished, as sound
rifar
the
«-f.r
When brought
they would
I oolcr men,
, which the
t ever com-
em that the
hirh they
rji* ur.'ji.
tiid rr
eomtitntion under
Jy waiskl be but ilJ^xchanged for anarchy
oa OQltfiiaioo ; that tiiis, however, would
la Iba tod eertaio rv^uK of any rash
tfteaipl Ut (oiliflttule annthcr in its place ;
tat aoT roqyiattc! and talutary reforms,
^Qokl ba best attained by those known
«i 1«^ mams which the conaitutton
««tf bad fnfnM; that Vbm deomod^,
if just in themselveap would ultin
be complied with; Ihalj iu ibe
while, they shouM learn to value tl»al pemcei^
security, and happiness which they enjoyed; J
and not, by im]rAtient and inconsideratal
Tiolencc, tear to pieces the whole fabric of 1
government, and involve themselves and their (
country in contusion and disorder.
Reasoning:^ so sound and ao convincing^ J
would infaUibly have prevailed; and at anj^l
rate, I surely may at least say, tliat it would!
be unfjiir to fortu ;iny unfavourable conclusion 1
MS t.i «lk;tt would liave been the conduct andi
J is of a convention, which it is ad»l
3 ver did assemble. The very purpose]
Qt tins mtcnded coovention, seems to haval
been, lo know and to collect the sentimental
of the friends of reform in different parts of 1
tl>e kingdom ; and as there is no doubt tha
the views ^f men were exceedingly difiereui^J
both as to the extent of any lelorm to b
sought, and as to the manner and time of up .
plying for it, so I thiok it would be unjust lo|
presume tliat the^ convention would havej
come to any Lrimlnal resolutions; and sUJi
more nnjvist lo presume that every set ofnieiL
who thought of sending delegates to that con*
vention, had no other view nor purpose^ Uiaaj
to supersede the llou^e of Commons, and t/§J
assume all the fimctions and powers of
assembiy.
But, gentlemen, I am afraid I have dweH
too long uiWQ this ; and I should not haval
ihouj'hl il necessary to say so mmh if wc had J
not this day heard at ssudi length of the prtM J
ccedings at the Globe laveru, and at Chalk«
farm, with the view of assFmilating the spirit
and purposes of those meetings, and of th«
intendea general convention, with that ol
i^ome of me meetings and societies of tha
Friends of the Peo[>le in this country.
For this reason, I thought it my ilnty, toJ
trouble you with the observations I have sug» J
gested, m order lliatyou might not be apt r
lorm loo hasty conclusions j tJiat you n ' '
not be led to suppose criminal designs wll
the clearest proof; that you might not trana^
fer the guilt of one man, or of one set of men,
to another; but that you might di^tinguibi)^^
and carefidly consider, what is the real i
and amount of the oflcnce, and whctlier i
the being guihy of that offence, U broughl]
home lo the person accused ^
With regam to the prisoner now at the 1
he wais no member of the London Corres
pondr ^ V, nor had he any concern uij
the I > cither at the Globe tav
or at ;^ Hi. IV 1,1 111. Indeed, no such thing
even pretended ; and ii*« to his having been al
member of that meeting called the BritLsl||
Convention, which assembled at Edinburgh
in December last, you will remeoiber, tHal'
this day when I opposed the admitting any
proof of that, I was told by tlie gcmtiemen on
the other side, that they did not care whether y
they proved Mr. Downie a member of tiia^
British CoDvcatioa or nut, beca,v\^ «XV W^rj
143] 3i GEORGE IIL
Vished for, was to hhow you wliat llicy wcrr
piciised to call the genius^ ihe spiril, and the
views of thai meetinp;. In short they did not
^niean to criminate him on thai accoiint ; anfl
indeed they could not, because, in the prose-
cutions before the court of justiciary against
certain persons for having been in that con-
vention, the crown had adduced Mr. Downie
as a witness in support of that prosecution ;
and having there given his evidence fairly, he
could not be himself prosecuted for that oi^
fence.
After having laid before you some of the
proceiJing^i of this British Convenliou, tlic
next thmg endciivourcd to be proveii, was,
that after this convention had been disperbetJ
by my worthy and re ^ pec table friend the lord
provost, in some place where they had ais-
sen)bled in Edinburgh, they again presumed
to meet in another nUce on the south side of
the town, ami whicfi place being out of the
i jurisdiction of the city magistrates, the sheriff
went there, and again dispersed them. After
this second dispersion, you have heard, that a
number of these people went to a Mason
liodge in the Canongate, where they held u
fiort of meeting, and afterwards once or twice
Assembled somewhere else* — You have been
farther told, that there was formed what was
called a Committee olUnion^ consisting of
delegates from the dilTerent societies of the
Friends of the People in the city of Edinburgh
and its neighbourhood ; and the object of this
committee was, to carry on the purposes of
fcform. This Committee of Union being
rather numerous, nametl a small •sub-commit-
tce, which was called the Committee of Ways
and Means, and of this Committee of Ways
and Means, Mr. Downie, the prisoner at the
bar, was a member.
Now, gentlemen, I besj leave to repeat
a^ain what I formerly said, — that I have no
wish or desire to vindicate those attempts to
continue such meetings, after they had been
checked and disapproveil of by the govern-
nveot of the country. 1 am very far from
commending that spirit, and you raaj lix what
blame you please upon it ; hut you wilJ take
care that out of your dislike and disipproba*
lion of that, you du nut ^o a step beyond
ivbat vou ought to do, and connect it witti
k ivhat it luis no real connexion, 1 mean the
triine of high treason. 1 dare to say, that
Ihere were many Friends of tlie Fcoplc'in tliat
CoRiniittee of Union, who had not even ao
idea of employing force and arms against Ihe
. c^overnment of the country, Ihcy liad it im-
V ' ri their minds, that a reform was nt'
nd, in the breasts of some violeni
^* liut-, ii)cre might - -^ — '-i -vcn crimi-
nal designs ; Lull Uat in ttic
§i-^;it i..nJr,i,,,i.- .:,r ,,,,. ._.^ not even
ic I trying, by force of
ami ii lh<LV wi^IiL'd. As
they Qi9$t co-tiUidjf iiid caccv^tugly wrung; j
Trkl ^f Damd Downie f 1 44
but what is the ainotujt of that wrong ? Let
it be punished accoriing to its degree of de-
merit; but, from that circumslancc of their
iiiPcting privately, when they could not do so
publicly, do not conclude that these men
were inlrndmj^ high tre^ison. Do not confoumi
two things which are perfectly separate a\id
different. Let the boundaries of crimes he
kept clear and distiiKt. Let each meet with
its proper punishment, but do not mistake
one for another, nor construe into high trea-
son, an offence that is infinitely less criminal;
It will not be ^aid, that any proceedings in
this Conimiltee of l^nion were more culpable
than those of the British r.M ■ ' ■. which
was dispersed ; and you ha\ Llcmcii
that the measures of that ^ .,,,.,. .ui wTre
not construed to he hi^h treason, M.irj^'Jirot,
Gerrald, and others, w^io were active in that
conventiouj were brou^^ht to trial before the
hij;h court of justiciary : and the crime charg-
ed against them was )»ot treason^ but only mj-
dition. Had it been treason, we should nave
heard of it as such ; but they were tried and
punished for sedition, and are now aurterinij
the punuhment of that offence. Nav, farther,
even those persons concerned in the proceed-
ings at the Globe-tavern, and at ^ ' " im,
if they had been supposed guilt) i*
son, would have been prosecuttfl au-i mcd
for that crime, and yet no such thin^ has
happened. We are told, indeed, there is an
intention to prosecute them, but of I hat you
most certiinly have no evidence; and you
have no right' to hold, nor conclude, that the
members of this Committee of Union, were
guilty of at least any greater offence, than that
%vhich, in the members of the liriiisli Coa-
vention, was found to be only sedition.
And here, gentlemen, let us attend a little
to the evidence regarding the Comtuillee of
Union, and the Sub-corn miitce of Ways ami
Means, The fir^t wiiin '" ' George
Ross, a clerk in the i -*\ ami
whokeplalsoa kind nt uivirn, svm.il thetie
committees were accustomed to muH. Not
havinc been a member himself, he is not cer-
tain whether there were two committees, or
only ou(*^ but that he heanl of one called m
Comiuittee of Ijnion t thai he has sc^n Mr.
Watt, Mr, Stoke, Mr, M'Hwan, Mr. nownte,
and Mr, Bon throne, present at th >«
and that Bomrlimcsa greater nui d.
cd. He mentions that he reccivi ir,
Stoke copies of a letter from ihf; kU
ing Society at LoiH^ ^,
and which he diii io
r 'V > • nd
ri
Ul' nj -J-H.^ t>04
th III.
n '. ':.«
P, of
were tiiJ^pcrscd, iiraty by tliv lord pruvost^ ^Lud
Jbr ITigh Trtaton*
A*D. 1794-
[I4fl
i Ir.
r^fj
-t^j
m
^ lie says the object
vvas^ to keep up a
It societies in
lie understood
Ui t lo be for the
y, in order to (Hs-
>^ coulmcled; to re>
i in dlstreaa^ and hke-
^>i Ds€9 of sending dole-
Ato In a Q^w coQvimtion. lie says^ it was
GkcwiM tfllked of, that the money collected
lou to bujr political publications; and that
iM»lhe7 purpose of Uie committee was, to col-
ha the »«i>IJments of the friends of reform
il milblJUKie, 90 as to know what their views
qhj^cU were, some dunking universal
too violent a demand ; aJid a good
«if *' ' il;, as to
Ifkawt'
Tbc tilu^) wnij'j^v, Nva-s \* uij.iiu burning, a
tfhiw>ttiiatley, a i&cmber, and the clerk of a
WxaelxoftlM Friends 'i ?»• ?*eopk at the
"■ gf Ltilh- He , that about
PQC^t aftr r tlif di' thr llri-
Coo^et IV
■OdMLir ' ' ,^. ■ - ■ • m:,. tic'e
rfUfiioii. the object of which was, to carry on
tlM|purpocc8 of refonu, by an application to
■KtiMsent. He re mem berg also, of there
Wuiga coUeciur appoinrcd, whose business
«■% 10 a»lloct the &entunents of friends as to
nhnm^ and to collect money for the rchef of
M ^-*. L% and other *uch personss in di*-
t* Kit the monc^ was to be applied
1;^ UM? c<'[iimittee of rmon,
' Anibitf M'Ewan, the fouilh witness, is a
<■'*' ^ -'th ind a member
of the Peo-
- ..ic uf the dele-
uj the Committee
I iidcd the meetings
I the house of George
iluit thid Committee of
Vviom €kmhQ a ^ub- commit tee of seven, and
tliBt th^te were Mr. 5luke, Mr. Burke^ Mr,
Watt, Btr. Ailcheson, Mr. Downie, Mr. Ooii-
, and bitntelt; nnd that the' busiuess of
\' to pay
— *-, lug, and
Mil iniiiMa, Is WilUam Bonlbrone,
, ^rv\ t rr^^frihpr of the society
i^le at Broughtoii,
ly i>enl delegates
I, and tliat he was
ewise one of tlie
^d hifi account of
c the same with
, I
uciibcs uien-
uer* was un-
1 for the
ver mo-
10 i>t under the
tAauunation of these
■attht^^v
if a aooety
ptm MOt hjf th;<
Mf thml con
U<rt.
witnesses* you would perceire, gentlemen^ ^
that the prosecutor put Uh questions in surJi '
a manner, aa to ! ' ; ', ' i
g;reatdeatof w: i'
its being an objtxi ui urmj tuuinii[iLt.>j^ lu rui*
lect money ; but I tliink 1 can nio^i »ucces^ 1
fully meet him upon that head ; and when,!
you shall fairly consider the evidence, I anp {
confident, gentlemen, that you will be of n»y j
opinion. f
1 believe you will rr udilv admit, that thgi
collecting oftnoney -' cr be criminaVl
or, on the other hau y innocent, aqii
cording to the purpose for which it was iutendn
ed. You know very well, that for a numb^j
of years past, the object of obtaining a reform^!
has been pursued by many societies, in manjf 1
^r' and whde it ifT
; ] and coustitu^l
iiuuai iiu;;tu>^ HUJIU f-Hii m: mj rOOm for anj
blame or censure. Men may differ in opinion
as to the neccniUy of reform . but their righ^
to seek it in a Ic^at way cannot be qiieUioned^l
In order, however, to carry tbrnnf^h and t<f j
support the fuir and legal appl r ihifH
purpo*€^ a fund is requisite foi . ^ ^^#1
unavoidable expense ; and accordmgiy^ cvtiri
since the idea of a reform has existed, tlicrc'
ba4^ nut been a society for that purpose* in anj
part of the khigdooi^ that haj not coll^te4
Mch small sums, a,^ they were severally ahj^ j
to contribute, for bearmg their share of that |
expense; and it will not surclv be eitld, tha| 1
in doing this, there was any thing either en* J
minal or improper, |
But you wUl, perhaps, be told, centlcnricQ, J
that in this Committee of Union, ihe collect* j
ing money could be for no such fair antt ]
:l
.!.. i , ... ' ' :.,'■, 1 ■ 'I ■ ; 1 ,', ;;i--
burgh havmg been djspcr^d by tiie civaI maf j
gi^tralp, M» this subsequent meeting, undef I
the name of a rommiltce of l' nion^ could ool J
have *m view to collect money for ajjy just o^ |
legal purpose.
I rau&t confess, gentlemen, that I do pqI J
in the least feel citlw * Lice or Itie forcfj
of this reasoning. '1 1 11 by parharneial j
could not in the leaM ut^^rct^^ prevent nor ren#
dor illegal , a renewal ol the application in 4
constitutional way. Are these people to h% I
held criminal for thinking that they were a| I
liber ly to apply again to parhament for a re* j
drcbs of llioi^c grievances, of which theyi
thought they had reason to complain ? Nay, j
further* it they sliould have thought that aa j
applitation to the House of Commons was in J
vain, what m'as there in law, to hinder theni
lo petition the king ? VVhat is there lo hin»
der any subject or set of subjects in lbi» I
realm to petition the king, if Ihev do so in »
dutiful and loyal manner I I hold it as an in* I
hcrent principle in our constitution, and £|
will mamtain it to be the unquebtiooabl^
birthright of every British Bubject, to go 15^^
the foot of the thMiae, and dutifolly to ^etip^
L
147]
34 GEORGE m.
tion his «>vereiff:n. This has been mentioned
AS one view which these meetings had ; and
vrlll it be sjiid, that this could be criminal r
Can any one presume to blame this ? Or to
! ^ay, that a petition lo our most gracious sove*
Tcign is to be interpreted into a design to
compeJ and coerce hiro, or to be constnicd
mto a treasonable purpose ?
We are told, inaeed, that a reform was but
the ostensible pretext ; and that while these
flocieties and meetmgs held out, that they
were to support the constitution, as estab-
lished in King, Lords, and Commons, yet all
this was no belter than a mere dbgiiise, and
that at bottom, nothing else was meant, but
to pull down the king, and destroy the consti-
lulion. I cannot believe, however, gentlemen,
that sil ting as a jury, you will think yourselves
entitled to form any such conclusion, in the
facp,and directly against the plain meaning of
^ords, and the fair expressions of these decla-
rations. If there truly was any such wicked
purpose, it could only be in the secret minds
•»r a few wicked men, enemies of their coun-
try : and I am confident, you will not, for a
moment entertain the belief, that ttiosc nume-
rous |>er9ons who composed these different so-
cieties^ were acting throughout under a mask^
and had nothing else in their view, bat the
everthrow of the constitution and government
df this country. I will be bold to say, yoti
mre not warranted, and cannot, in good con-
iciencc, allow yourselves to give effect to such
Rn idea, nor lo'pul so harsh and unfair a con-
Atruction upon the intentions of the friends
•f reform, m opposition lo their owd clear,
explicit, and solemn declarations.
And, in order to be compleatiy satisfied of
this, I must request you will attend lo the
evidence you have this day lipard, as to the
mmount of the money collected by this com-
mittee of Union, All the witnesses mention,
^ that it wa^ ■' ^^'^T^lylriffmg,and that it con-
sisted chif v pence, paid at the meet-
^kigs by the ^.;.v.cx.i members. William Bou-
I throne in particular, says, that very little mo-
I »ey was collected, and that the whole object of
I the collectioa was, for discharging some triHing
I liebt already contracted ; and that after paying
' this, the rest was to be applied for relieving
I Win. Skirving, who was in a very necessitous
iituation ftfiir the banishment of ber hus-
[ l>and ; and for defraying the expense of send-
ing a delegate to a new convention. The
iirery largest sum, if it eaii dcirerve the name
I ©f large that at any^ into the hands
^ of the committee «. surer, was 15/.
[sent from Perth by \. c>., i ...ular, whom you
[ ikeard examined as a wttuess; and he trliK
• IfCtXi. t\i',i\ it u^^w rnTl* rtrrl. rin<l '-.i-nl '^.ili^'Jv i\^r
t
la*i!jin*otv
Heed ia cauipleuJy (idiculyud. It W4& cvi-
Trial of David Domig [148
dently a collection for no other purpose what-
ever, llian to defray the little incidental ejc*
penses attending their meetings, and for giv-
ing some little a»d to some of tTieir friends in
distress, such as the wife of that unhappy
man Skirving.
That was the utmost extent to which It
went: and^ou will attend also, gen tlemeD,
to the description and situation of those per-
sons who wen? to orerthrow the constitution
by force and by arms. Who were the persons
that you are to suppose, were carrying on
this darinij and criminal design I — Yoti hare
seen them before you this day; 'and I fancy
you will admit, that they were, for t>;e moat
part, of as low and poor a description as ever
were protluced in any place whatever. Where
then was the money to come from ? It coulcf
not be from these poor people themselves ;
and therefore, you have no alternative, but
eillicr to suppose thai they had here some
secret and unknown fond, or that a supply
was to come from England or from France ;
or you must conclude, that no treasonable
destgn was ever seriously in view, and that the
whole has been a mere imagination and chi*-
racra.
Had it been discovered, that these people
had considerable sums in their hands, or had
it been traced out that they had supplies from
some other quarter, or in short any fund that
could look like bringing about so great an ob^
ject as overturning the constitution, there
mi^ht at least be some belter colour for sup-
posing such 3 design. But it is admittea,
tfiat there is not the least reason for suppos-
ing that they had any fund, or any supply,
excepting what they collected amongst them-
selves; and when yon see how very trifling,
paltry, and incon&idcrahle this was, I presume
you Will have no hesitation in being fully sa-
tisfied, that it could never be collected for the
purpose of overturning government, and that
it could never be meant for anv ihing else,
than for carrying throagh the object of re-
form in a fair anu constitutional way,
T cannot quit this subject, without taking
notice of a curious circumstance, which coulS
aol escape your attention ; I mean, the person
who, we are lo suppose, was employed as the
ambassador of this Committee of Uniooi lo
travel over the country in order to form asso*
cifttion^ for overturning the stale. You have
seen thi?. saii' ' iflor, Mr. John I'airley,
and you havi n examined, and from
his situation in me, nis appearance, and hit
demeanour, you wiU con^Jde^ how Jar lie i»
SUr*- •' - «..r.Kf fr- -' •■-! with N»
ill' I t man
.1 I ... id
id,
try
he
cr
. .Un
K uig, U»rd^;mdCauaffiOii:^ uiouc coiuuiQU ILUD*
lo accom-
' empire.
jQf High Treason,
WIS the reconipcnce given to lliia
ciitial miaister, this nccociator, who
'i the latid, in order to
t hines ? Why, geiiU^men,
icc, Ujal il was no more
s sterling I Surely the
__ ^»*o»v ^i which diplomatic history
liiniish an ex^unplc. He goes from place
fruin Mjrii Iv in ^ik
trnll - ; ,_, ,and most
lOUd uo^ertakmgy he m return receives,—
I? — ^I'hc CDormous reward of fifteen shil-
I.
it, gentlemen, you could go into 6o
in ioejiy us to suppose, that such a per*
Id be employed on such a mission^ and
- i A recompencc, can you for a moment
iTO it possible, that t h eCom m i t tec, if they
had entertained such wicked and
designs, could be so mad and so ab-
eotnist to him so iraportanl and dan-
gaovt a ne^iation ? It is indeed too ridi-
adous to »dmit, even for a moment, of your
bdacl*; ftod affords only an additional demon>
tffitaoOy tkftt the holt and only purpose, which
tiie eocQtoittee hod in sending Fairley was, to
ttOect the seniusenu of the Friends of the
?eopI» as to the extent of reform in which
ihey would agree^ and to obtain some little
|<cooiafy ' >c through.
1 cooie M . in the third place
Idcooiider ta^i piun oi seizing the Castle, the
bisk«t ^^^^ other public offices In this city ;
«&d which is held out in the indictment, as an
eiffi Act of caropassing ut imagining the
idcmili of the king. It is unnecessary for mc
In fc£oiicit to you what were mentioned by
A. a 1794.
im
Ibfl wiiJie*'*-^ to hint lc€n the different ob-
jmU « ^1 have heard how
ihnf d* ler the prisoner at
lite \mt httti ioij to i\, 1 shall aAer-
wmh c<vTT* in the mean while, as to
the ^Ui Aiu sure ^^ou will agree with
ibe lo -, that it is one of the most
wiU, fcb'uiU, Liiid un|«racticablc schemes, that
€H9 cntirrcd into the tnincl of even the most
nd could never seriously
hy any roan of conmioD
I;M«bceft<
It ts iin(
mke JUiy h^
lKiil««d in
lo Witig thr
it
I, to understand or
n, A firo was to
lily; and this was
I he Castle, Then
ati<l «eize the Castle ,
!ihc offices were to be
the whole govern-
iicre were the peo-
' Have you any
rce ready to rise,
•> - - ' - :!or
IIS-
.._ had
lo such
' "^
this marvellous i»lan executed, whereby the
government of tnis country was to be taken
ty surprise? It was to come from Jiobody
knows where — and to be done by Clod knows
whom, ThisisreallysocomplettI ' ' =,
that it puts<»nc in mind of Mr. J; ^^
play, who fir^t conceals an army ni iviiii:>us-
fcridge, and then brings it to the door indis-
guise. In short it is a mere phantom, gentle-
men; the mere dream of panic-struck niinds;.
It is a scheme so whimsical and romantic,
that it never could exist in the mind of any
person whatever, unless, perhaps, in the dis-*
tempered brain of the unhappy man Watt^
who was condemned ia this place yesterday.
Nay, I do not eveii believe, that it was ever
seriously entertamed by him : and X must be
allowed to form a conjecture, which appears
to me by no means uostipportcd by proof.
You see, gentlemen, this Mr, Watt, in the end
of the year 1792, and during a considerable
part of the year 1793, going lo the lord advo-
cate, and lo Mr. Dundas, the secretary of state,
with a view to give them information of plots
and dangerous meetings in this countr)\ You
find him giving an account of plots, which
never had an existence, and giving information
of the disaffection of troops, where no di&afiec*
tion had ever prevailed. In short, you find
him creating imaginary plots, in order to give
himself consequence and lo obtain money.
Having been unsuccessful in these attempts,
and still desirous of pursuing the same object,
he writes lo the secretary of state, and like-
wise to the lord advocate, pretending that
he wanted 1,000/. for a man who could make
I a discovery of great importance. I presume,
?entlcmen, you will be satisfied, tlial if there
Bad been any such important discovery to be
made, Mr, VVall would not have failed lo bring
it to light or to produce or point out the person
who could disclose it* But the whole was i
downright fiction ; for neither the plot nor th .
man existed, nor were ever more heard of_5^
and Mr, Watt finding that he could neithe
obtain the 1,000/. nor get some post, which i|*l
appears he had likewise sol icilctl ; and l&nd<^f
ing all his efforts ineffectual and abortive^/
he then goes and connects luinself inortti
closely with the Friends of the l^eople; an4j
I do bcbeve, that if he had known or found!
any persons seriously adopting tliis ndicidou* j
scheme of seizing the Castle, ike. he would I
have gone to the lord advocate, and hava]
said, " Here is the important discovery t|
mentioned to you, and I hope I bball now oh»J
tain my reward/*
In snort, gentlemen, I leave this conje
turc to your consideration . but, forioy owiti
part, I cannot help tfiinkmg, that this wild '
and ridiculous plan was never even seriousl/ j
Ihoucht of by Walt himself; iiud that he wa«^
merely Iryin"?; tt* 'iraw weak and ignorant
men into a sceniiui; adoption of it« and then, j
lo make a sacnfitc of them to his own sordid '
and avaricious views.
But; gentlemen^ I have really oo oe:asioti !
151J
34 GEOUGE HI.
Trial of David Downie
[152
to inquire, what were the views and inten-
tions of Mr. Watt in this scheme; for unless
you can connect Mr. Downie with the plan.
It does not sigpify what it was ; and you will
therefore consider, whether there be any evi-
dence to bring it home to him, or to show that
he bad any accession, or gave any approba^
tion to it.
Tliere are only two witnesses who say any
thing as to this, and these are Arthur
M'Ewan, and William Donthrone, both of
them members of the Sub-committee of Ways
and Means; and who were both present,
upon the single and only occasion when this
plan was produced by Watt. They describe
very particularly every thing that passed at
that time. They mentiou, that it was not a
regular meeting of the committee, which met
only on fixed nights of the week ; nor was it
held at the house of George Ross, wliere they
Alwavs met. It was an accidental meetine at
the house of Watt himself, who had asKed
them to come and take a glass with him, with-
jout the least notice or intimation, of his
having any such plan to bring under their
cx)nsideration.
Now, gentlemen, there is one circumstance
liere to ht remarked, and unon which more
depends than you may at nrst be aware of,
and which is, that there is not only no evi-
deuce before ^^ou, there ever was the smallest
notice previously given, that at this meeting
in Watt's house, any such plan was to be
proposed; but you have clear evidence to
prove the very reverse. They met there,
either for conviviality and pleasure, or at least
for no other business than answering or
writing some letters respecting the cause of
reform.
At this meeting, the company consisted of
Mr. Stoke, Mr. Downie. Mr. M«Ewan, Mr.
Bonthrone, and Watt himself; and while
tliey were drinking their glass. Watt goes to
a cabinet, and takes out a paper, which he
brings in his hand, and reads to them, with-
out any preface or previous notice, and with-
XMi any of tliem, or, so far as appears, any
person else, having ever heard of it before. I
say there is no evidence, nor even an attempt
to prove, that any of the company ever did
hear of it before ; and if there is no evidence
that they ever did hear of it before, you are
most certainly bound to hold, that they never
did.
In this manner, you have the paper con-
taining this strange plan, brougnt out by
Watt from bis cabinet, and read by him.
Whether it was of his own hand-writing or
not, do«js not appear ; but it seems to liave
been understood to be his. Now, gentlemen,
observe what passed. Did Mr. Watt enter
seriously into a discussion of this plan, in
order to show the practicability of it, to ex-
plain where they might get money or numbers
to support it, or to suggest those different
means by ^^^<^h it might be accomplislied ?
liQ. Not a single s^UiRileof soy such thing,
but all at once, he produces this mighty plan*
and reads it, not at one of the usual meetings
of the committee, but at an accidentaljmeeting
at his own house. If he seriously wished for
the approbation of the committee, any man
in his common senses, would not have brought
it forth in this cxtraordinarv and unexpected
manner ; but would before nave had it in his
pocket, and have sounded every member indi-
vidually, previous to his producing it to the
whole,"^ assembled together.
And you will particularly remark, what
the two witnesses, Arthur M'Ewan and
William Bonthrone, tell you as to what then
passed. M'Ewan says, he immediately ob-
jected to the plan ; and that Bonthrone backed
him, but that Downie said nothing, so far as
he remembers, nor Stoke.
This is what M'Ew^ says ; but Bonthrone
mentions more particularly, that upon hear-
ing the paper read, M'Ewan said, he could
not approve, nor go into any plan that was to
create confusion, and to shed the blood of his
countrymen. And Bonthrone, as he tells
you himself, was so struck with the thing,
that he had scarce power of recollection any
farther than to second M'Ewan, by saying,
No, no ; by no means. He farther tells jrou,
that neither Mr. Downie nor Mr. Stoke said a
single word upon the subject, but were per-
fectly silent. And both M'Ewan and Bon-
throne agree in this, that there was not a
word farther passed. Mr. Watt, finding the
paper thus disapproved of, took it away with-
out any thing more, locked it up in his cabi-
net, put the key in his pocket, and said not
another syllable upon the subject.
This, gentlemen, is the fair amount of the
evidence of M'Ewan and Bonthrone; and
upon the account they give, which is the
only one you have ot wliat then passed, I
think you are not only to put the natural and
just construction, but I think you are bound
to put the construction most favourable for
the prisoner at tlie bar. Let me suppose, that
this had been a regular meeting of the com-
mittee, and this paper or plan was brought
forward by one of the members, after which,
without being supported by any body, it is
instantly opposed by another member, and his
objection immediately seconded. Now, here
then is a meeting consisting of five, one of
whom makes a motion, which, instead of
being seconded, is immediately opposed, and
that opposition as immediatclv backed. The
other two members remain silent ; and what
is the conclusion to be drawn from their si-
lence? Is it not plainly and unequivooinT
this, that they do nut support the original
motion, but concur in and approve of the op-
position to it }
Had not Mr. Watt, the mover of the bun-
ness, fully understood this to be the case, he
would have called for their opinions, and if
thev had concurred with him^ he would have
hacf the msyority. But he either was not st
ail scriousy or at Icftst found he could g«t M
153]
for High Treason.
A. D. I't94.
[154
support; and, therefore, vnthout any thin?
more, he replaced the paper in his cabinet, and
said not another word upon the subject. Nay,
ftrther, had not Downieand Stoke totally dis-
approved, we shotild have found them arm-
ing in support of the scheme, and combating
the objections of M'Ewan and Bonlhrone,
wliereas they at once acquiesce, and Mr. Watt
standing single, the scheme was totally re-
jected.
You will also attend to this, gentlemen,
that this plan was never agun brought for-
ward by Watt at any other time, nor upon
aoT other occasion. It never had been heard
of before, nor was it ever heard of after ; and
Bonthrone has told you, that he never con-
ceived it as a plan proposed in a serious way,
but considered it as a kind of frenzy ; and he
addf, that the committee never would have
adopted such a plan. In short, this ridicu-
Join plan never made its appearance, except-
ing upon the single and solitary occasion
which has been mentioned ; and then Mr.
Downie, in place of acceding orgivinj^any
support to it, did, on the contrary, acquiesce
ana concur in its absolute rejection.
And here, gentlemen, I must be pardoned
for troubling you with reading one other pas-
sage from Mr. Justice Foster, because it is
exceedingly applicable to the particular now
aader consideration. It is, where he is speak-
ing as to what the law holds an assent to any
overtures for compassing the death of the
king.
He says, " If a person be but once present
it a consultation for such purposes, and con-
cealeth it, having had a previous notice of the
design of the meeting, this is an evidence
proper to be left to a jury of such assent,
though the party say or do nothing at such
consultation, the law is the same if he is pre-
sent at more than one such consultation, and
dotii not dissent or make a discovery ; but in
the case of once foiling into the company of
oonspiraton, if the party met them acciden-
laUy, or upon some indifferent occasion, bare
concealment, without express assent, will be
but misprision of treason."
From this you sec, that the circumstance of
a person being once present at a treasonable
consultation, and there neither saying nor
doing any thing, does not fix a crime upon
him, unless he had previous notice of the de-
sign of the meeting; but if a person be pre-
sent a second time at such consultation, he is
held to lie himself guilty, unless he doth ex-
presslv dissent or make a discovery. The law
thereiore is, that the being only once present
at soch a meeting, without there giving any
express assent, does not infer the crime, unless
he had previous notice of the purpose of the
meeting; aud I am sure you will be under no
diflicolty of applying this to the circumstan-
ces of tlie present case.
You have most satisfying evidence, that no
pi^^Hnis notice, nor intimation, nor even hint
"f nny kmd, was ever given cither to Mr.
Downie or any one else, that such a plan or
paper was to be brought before them. It was
never heard of, nor mentioned before, but
Watt brought it out upon them by surprise.
Nay, farther, gentlemen, I do not think that
the matter rests merely ujwn Mr. Downie's
having given no assent; for it is perfectly
clear, that he did actually dissent, as, instead
of giving any countenance or support to the
plan, he at once acquiesced, in its rejection.
When in any meeting, a proposal or motion is
made by any member, and not seconded by
any body else, it is presumed to be rejected
by all the rest, even although none are at the
trouble of speaking in opposition to it ; but
when it is actually opposeu, and that opposi-
tion seconded, then, if nobody supports the
mover, the conclusion that all the rest concur
in disapproving of the motion, is certain and
infallible. And together with all this, you
will remember what an idle, absurd, and ridi-
culous plan this was, not meriting any serious
attention, but, as I think, brought forth by
Watt, with the treacherous design of inveig-
ling and ensnaring others.
I might here otlcr some remarks upon the
evidence of John Fairley, by which, tliere was
some attempt made to connect Mr. Downie
farther with the absurd plan of seizing the
Castle ; but T shall reserve saying any thing
as to this till afterwards, and shall now beg
leave to go to another point, and which is,
the making of the pikes or arms, those horri-
ble weapons which you had this day exhibited
to your view, and cannot be presented, with-
out impressing the mind witii horror and in-
dignation at those who could be employed in
such a business.
And here, gentlemen, I am sure I need not
tell such intelligent persons as you are, that
in trying the present case, you are carefully
to divest your minds of every prejudice, and
to lay aside every impression that may have
arisen from your hearing of, or from your be-
holding these weapons. — ^I'here are many ru-
mours, also, which yuu may have heard
without doors, and many an account of atro-
cious plots, that never had an existence. It
is difficult, I know, to guard against the influ-
ence of such prepossessions; but, on that ac-
count, it becomes only the more your duty to
be watchful, and to permit nothing but the
evidence you have heard this day, to enter
into your mind, when you arc entrusted with
the life of your fellow citizen.
In what I am thus taking the liberty of
saying, I am only following what was much
better expressed by the honourable judee,
who presides in this court, and who, in his
excellent and candid charge to the grand jury,
told them, they were not to allow any pre-
possessions, nor any cxtraneoub nmtter what-
ever, to impress their minds in the smallest
dcKTCC, but to throw aside all prepossession,
aim to consider singly aud only the evidence
that was brought before them. This was tho
wise caution the honourable judge gave tot&v^^
155]
34 GEORGE m.
Trial of David Downie
[155
Qd jury, and I hope 1 shall not be thought
doing wrong, \u enueavourlng to impress it
upon your minds. The gmnd jury had no-
thing more to do, tlmn to consider whether
there was sufhcient ground for sending the
matter to trml ; but yoU| gentlemen, have a
much more important charge, for you have
now tlic life of the prisoner in your hands,
and, in dbcharginj; Umt moht momentous
duty» you musl^ an3 I am sure you will, be
careful to let nothing enter into ygur consider-
ation but the evidence brought before you.
With regard to the circumstance of mak-
ing these arms, I will endeavour to state to
you tbe substance of the evidence; and I
trust I shall do it fairly. The first witness is
WilJiam Urrotk, a smith, who was a member
of Uie society of the Friends of the People, at
the Water of Leith, and one of their delegates
to the CommiUce of Union.
He gives you a history of these pikes frqm
the bcgimitng, and mentions, thdt being one
day in some place reading the newspapers,
stmebody there said, he heard arms had come
down for the Goldsmiths hull gentlemen.
Upon tbis, some other person said, they
should apply also for aniis; but thereupon,
Mr. Walt, who was present, said they would
not get them, but that he knew no law in ex-
istence to hinder them from getting arms for
Iheroficlvcs, Orrock mentions, that then the
conversation turned upon the report of an in-
vasion, and said he thought he could make a
weapon for liimself. — There the matter seems
to have droppe<i, but Orrock tells you tliat
sometime thereafter, he did make a weapon
for himself.
Orrock next tells you, of his being one day
sent for by Watt to come and speak to him
in the house of Arthur M*Ewan at the Water
of I^ith, and he then told Walt what kind of
weapon he had made, rpon this, W^att said,
a dirterent one would be better, and accord-
ingly Orrock made one agrccuble to Watt's
directions, After this, he brought up both
tliat which he had made for himbclf, and that
which he had made for W^att, to the house of
George Ross where the Committee of Union
usually met. He says he did not show them
to the Committee of Union, but that there
wats another room where others wore met, and
where he says Downie was present, To tliis
company he showed those weapons, and
somebody made a drawingof an improved form,
and he says he was desired, ami as he thinks,
both by Wall and Downie, to keep Ihatdrawfng
in his view in making any more. He next tells
you, that after he had left the room, and be-
lore he quitted the house, Walt came to him,
and repeated the same directions, and that
Downie was then along with Walt; and ho
farther says, that afterwards Watt came to
liim at his own hoi»- ^sircd bicn lo
make towards tlirc<* «l. i m.
r .\VD, Ukg-
^* , by the
Otiii'js vi i>ii. V'l attj ijc Luau^ i ounce n pikes of
one kuid, and one of anottier kind, and
brought them all home to Watt. ti(K>n ask*
ing payment, W^att said, he was sorr>^ he had
not money then to give him, but the witness
mentioning that he needed money at the time>
Walt said, that although he had not tlien
money himself, he would get it from another
persoD, and accordingly he wrote, and gave
nim an order upon Downie for the money ^
ivhich was l/, 2s. Od. This order did not in
the least mention what the money was for,
and when Brown went to Downie and got the
money, he tells you, that he did not sty a
single" word to Downie as to what the money
was for, nor did Downie ask him. It was an
order in the same way, as if Watt had beea
borrowing the money from Downie.
The imrd witness is Margaret Whttecrosi^
who was maid servant inDownie*s house la&t
winter and spring, and she tells you, that on%
morning she saw in her master's dining-room^
somethmg, which the prosecutor would have
you suppose was one of those pikes. She
says, that the night before, her mastar had
been abroad at supper, and was rather late of
coming home. \\' ith a candle in her hand,
she opened the door and let Inm in, but she
does not sav that she perceived any thing in
his hand, althou|h, surely, one of those pikes
was not a thing that could be hid from a girl's
eye with a cantlle in her hand. Next morninff
early, she goes into the dining room, and
there she sees something lying, which she
neither touched, nor took in her hand, nor
liardly ever looked at; and Mr. Downie's sen
came out of an adjoining closet, when bo
heard her in the room, and took the thing
away. She says, she heard her mistress allt r-
waids call it a dividing- knife. But she never
saw it either before or after the time t*he men-
tions, and saw it then so very slightly, that
she is exceedingly indistinct in her account of
It. She was asked whether it Wkis like anj
of these now lying upon the table, and
that she could say was, that it mij^ht be lih
it; although, gentlemen, none ot these hav^
any resemblance to a dividing-knife; and In^
deed they arc so pecuhar in their appearanca
that if what she saw in her master's dining
room had been one of them, she could not^
have forgotten it.
Now, genllemen, you will consider whethe
this can fairly be held, as hxing upon Mr^
Downie any connexion with those p'L'^'
does not pretend lo say, tliat slir
Downie brmg it home, nor did sh*
him have it m his hand, nor can sh<_ > liiail
he ever knew of sucii a thing hein i
house. Can you believe, that if j^ n J
one of those pikes, Mr. Downie v^ e
been so imprudent as lo have left it in the
open dini ng- root n' And ifil had be^n one
ofth.. ' ^' ■ ' ^ ■ ' r
givri ^
to V J
jnotc f
157]
Jot nigh Trcasotu
tnft «iad catiee«!!og these weapons, it ts not to
b« iktilvtft)^ tltat n inimbcr of them would
lui^e hcen found there; and yet, ^eatle-
mctif vDii have the roost satisfactory evidence,
ihtt atihongh a strict se^cb was tnade, not
»vii^ one was found there,
* * ■ I and Middleton, the two sheriff-
L : been examined as witnesses, and
%D€y win d'^ee that none of the pikes were
Imm^ en Ikvwnie's house. Miadtcton, in
sajrs, that the search in Walt's
wais made upon Thursday, 15th May,
i»n i w* v. f at DJghl and one in the morn-
; u: liic search in Downie's house
* n. ery next day; and although
I'lites in Watt's house, they found
I wnie's. Is it Hkely, then, gentle-
ieB» iliat Mr Downie should have been pos-
tamA ^jf tho*»e weapons, and yet not so
liidi ' <^ of their being either about
wmv^ ■ juse.^
[ Bi^wn tciJsyou, that all those which were
by him, he carried home to Walt,
Agtio made by Orrock, were seized
Ihejf were still in Orrock's own posses-
The sheriff-officers tell you, that al-
Jb ibcy made the strictest search, yet
could find oo such thing in Downie*s
Excepting^ therefore, the loose and
CTidence of Margaret Whilecross,
llie iBtid«»^n*antf you have nothing, gentle-
meOf litat t^ive room even for a suspicion that
Miyooe or them ever was tn his houses and
ifte, mtA only SDeaks of what she tsaw, as a
'og lolaJly unlike those pikes, but she does
prvlftirj to say, that she ever saw Mr.
borne, nor take it away, nor,
V connexion with it whatever,
know very well, that gold-
Downie, generally have a
" ^hcir own house, and no-
r them than to have old
'it I, i^r such arms, from
il they find of any
filue. vv might not Mr.
Duva^ Ri have some old
^nnpcm in : , which might be,
nlHlt t- ervant alludes to,
^Mu lie. Why upon 80
Mcoi inci a descrintion, are
foc t» it was actually one of
ilMSe (ms who
kpi^r , swords,
, uni; lU^LTLr'j ij uc hard and
tj]d<^d, to from thence,
f Ir^'* •' * " ' lible purpose.
la tftibn, you cau lay
l»i™^ , ., .ague evidence
riiimeib
Wc^ Doirzi
BuHmdoa
at girl ; and Jis lo Uic only two
'"I. ilnnvh itiid Orrotf^. it must
one nor
ininal to
!cnce of
smallest
BrciWD Hl\» you, thai it was Mr. Watt
ikofi wbo emptied uid directed him to
A. a 179*. [I5S
make these pikes, and tliat no other person
ever spoke to him upon the subject. He
made them for Watt, and when they were
made, he carried them home to Walt. Downtc
was nol present when the order was given^
nor is there the least reason to suppose that
he knew any th'mg at all of the matter. As lo
the circumstance of Brown's receiving pay-
ment from Downie, you have heard how i%_
happened. Wall, not having the money whe^ "
Brown pressed for it, gave an order upod
Downie for it; but that order did not expreal
what the money was for ; and Brown expressij
ly tells you, that he neither told Downit
what it was for, nor did Downie ask hin..
In short, it was nothing more than the Irifliii^
sum uf 1/. 7m. 6(/. which Downie advanced fctfj
Watt, without inquiring or knowing what
was for ; and you have no reason lo suppos-
and still less any right to conclude, that]
Downie knew the money he thus advanced
was for making pikes.
Any thing said by Brown, therefore, docs no ,
in the most distant degree, affect Mr. Downie j
and, as I liave shown that the evidence
Margaret Whitecross ought to be totally dls^l
regarded, so there is nothing else remaining
as to these pikes but the single testimony < _
Orrock, the smith, who says he made towards^
three dozen of them for Mr. Watt, and who
you will remark, having been thereby an
complice in that business, is now a prisonef 1
in the Cabtle of Edinburgh, and comes betbral
you under the character of a Socius Criininix.
I have already stated to you, gentlemen^]
the substance of what this Mr. Orrock sayi»j
and you will Judge what degree of credit you
can give to his evidence- ^ ne making oft
arms at all, seems to have originated from]
himself, and from an id^ that other people
as well as the Goldsmiths-hall genilemen
were entitled lo have arms in case of an inv^H
sion. He accordingly made one for himself;!
and the intercourse afterwards about making ]
more was entirely between him and Mr,J
Watt. As to his afterwards bringing up two]
to George Rose's, and showing them thcr
one evening iii a company where Mr. Downie J
was present, you will remark, he does noti
say that he had been desired to do so, nor]
that he had any sort of orders for these pikes^l
either from the Committee ot Union, or fromj
the Sub-Committee of Ways and Means. loi-]
deed, you have not the least evidence, tliat]
cither of those coraniiltecs did cverautho-l
rize any such thing, or know any ihingj
about the making these weapons : and yoiftS
have not only no evidence, but you have not!
even the shadow of reason to suppose, thafj
Mr. Downie evet heard of, or knew any thi] ^
about the pikes, till they were accidentally j
brought in the way I have mentioned, andj
shown to the company in wtiich he happen
to be at Ross's,
The circumstance of some one in the com- J
pany taking out n pencil, and sketching
teller fornii might just as readily he "
159]
34 GEORGE IIL
T4qI of David Dawnie
[160
amiiflement as from any thing else ; aiid the
desiring Qrrock to keep that sketcli in liis
view, might easily happen in the 8ani(e way.
It is certainly no material circumstance
against Downie, that he should chance a
little while after, to be in a passage in
Ross*s house, when Watt repeated something
of the same kind to Orrock ; and it is of great
importance for you to remarky gentlemen,
timt, excepting upon this single occasion at
George Ross's, there is not so much as a
word in the evidence, cither of Orrock, or of
any other witness, which can tend to sliow
that Mr. Downio gave any orders, liad any
concern, or knew any thing whatever regard-
ing those pikes. In short, if ^ou are to fix
any euilt upon him as to this business, it
must t>e founded on the solitary testimony of
Uiis Mr. Orrock, swearing to casual words
passing at a tavern meeting, where Mr.
Downie happened to be present.
You will also have it in your view, gentle-
men, that the law does expressly require either
two lawful witnesses to each overt act, or one of
them to one, and the other of them to another
overt act of the same treason. Mow, even
supposing, that this circumstance as to the
pikes, could be held an overt act of the treason
nere charged, which I tnibt I shall show you
it cannot DC ^ and if you are satisfied also,
that Orrock is the sing^lc and only witness,
whose testimony tends in the least degree to
afiect Mr. Downie, then I maintain, that this
is not such evidence of an overt act, as the
law demands. He is but a single witness,
and I am sure he cannot be held a lawful or
unsuspected witness, because lie is, by his
own confession, an accomplice, or sochti cri-
minii\ and if the gentlemen nn the other side
should tell me, that one witness is sufficient
to prove this overt act, because there are other
overt acts proved by other witnesses, I give
them this clear and satisfactory answer, that
I flatly deny these other particulars to be in
any decree such as can by law be held overt
acts of the species of treason whidi is here
charged, of compassing or imagining the
death of the king. 1 Batter myself that I
have already satisfied you of this; and, if I
liavc, then this as to the pikes, even suppos-
ing it an overt act, which I shall im-
mediately show you it was not, it rests solely
upon the evidence of Orrock, a single wit-
ness, and one very far from being beyond
suspicion.
And here, gentlemen, permit me to entreat,
|hat you will calmly consider this business as
to the pikes, and not let yuur minds be im-
pressed by their frightful appearance, nor be
flurried away by supposition and conjecture.
Take every circumstance into your view, and
then let me ask. If you can really conceive,
that, in making these pikes, there cuuld be
any serious object or purpose of overturning
the constitution P Who were to use them r
Itad the Committee of Union adopted them?
By no means. For M*£wui ani) fionUuone
not only say no such thing, but they in direct
terms tell you that they never heard of arms.
Did either the Committee of Union or the
Sub-cominittee, know of the making these
pikes, or order them ? No, they knew nothing
of them. — You liave not only no evidence of
their knowing of them, but you have evi-.
dence that they did not.
If evidence liad been brought before you,
gentlemen, that these committees had expli-
citly resolved to levy war to overturn the go-
vernment, and, in pursuance of this, had or-
dered these pikes or other arms to be pre-
pared, there might then have been at least
some better colour for the charge. But, gen-
tlemen, you have no such proof before you ;
and, on the contrary, the very members of
tliese committees who have been examined as
witnesses, do expressly swear, that they had
no hostile intentions, and that they gave no
onlers for arms, nor knew of any being pre-
pared ; and if this be the evidence, are you to
give way to mere suppositions and conjec-
tures ? are you at liberty, gentlemen, to ima-
gine and fancy plots and treasons without
proof, and to presume these weapons intended
for a wicked purpose, without so much as
evidence that any such wicked purpose,
was ever formed?
Consider also, I pray you, what was the
amount and number of the pikes that were
made ? Towards three dozen were made by
Orrock, and about fourteen bv Brown. In
short, the number of the whole did not ex-
ceed fifty ; and where was the fund to defray
the expense of making more? Watt had not
money to pay even the fourteen made by
Brown ; and as to the money belonging to
the committees, you have seen that it was
not only trifling and scanty, but farther, tliat
the committees had no concern with these
pikes, and never either ordered or knew any
thing about them. It was Watt, and Watt
alone, who ordered them ; and it seems to
have been, from beginning to end, one of hie
own wild incoherent absurd chimeras, or very
likely, a trcaclicrous and perfidious design, to
forward his own avaricious views. Even if
lie could liavo got funds for making a greater
number of these pikes, he neither had nor
could have got persons who would use them
towards any hostile purpose ; and to suppose,
\ therefore, that these pikes could be prepared for
I the criminal and wicked purpose, of overturn-
ing the constitution of Great Britain, is as
ridiculous and extravagant, as to imagine,
that his foohsh and unmeaning plan ot sei-
zing the Castle uas ever seriously enter-
tained.
Having said so much as to tliese pikes^
there is another particuUr as to which you
had a number of witnesses examined, and
whidi is the advertisement respecting the
Fencibles. At the same time, 1 do not think
it necessary for me to trouble you, with saviqg
much upon it. You will remark that there
is no mention whatever of it in the indicl-
161]
for High Treason.
A. D. 1794.
[162
meni; and yet, by the statute of king Wil-
h'jm, it is in tlie most direct terms enacted,
•• That no evidence shall be admitted or
Eiven ot'any overt act, that is not expressly
lid iu the indictiueut against any person ur
persons whj lever."
it is perfectly clear, therefore, thit this
canuot be admitted nor founded upon as an
oven act, because it is not laid nor mentioned,
iu the indictment ; and indeed, a nionient*s
reflection muist at once satisfy you, tlrat even
u it had been set forth in the' indictment, the
very circum&t.ince itself could never come
under the description of an overt act (if the
treason charged. Indeed, I think it was
most improperly introduced by the prosecutor
and it ought to meet with no regard or atten-
tion from you.
As to the paper itself, you heard it
read, and it certainly was of an improper na-
ture, and such as I cannot by any means seek
to justify ; but improper and even criminal as
jxAi may view it, you will consider, in the first
piace, huw Ur it is brought home to the pri-
aooefy and, in the next place, what of!cnce it
tdouuis tu ? You have no evidence, nor in-
deed has it been attempted to be proved, that
Mr. Downie was the author of it ; and as to
his bavins; any concern in dispersing a few
copies of It, L am sure that this, however im-
proper, cannot with any reason be C4>nnccted
with a charge of compassing the death of the
kiaig. To Mduce any of his majesty's kbrces
fran their duty, is certainly criminal; but it
cmoot, in the eye of law or of common
^ense, be deemed liigh treason. I am con-
adeDty gentlemen, you will consider the mat«
ter in ibb light, and will throw this particular
CDtirely out of your view.
1 had almost tbrgot to take notice of the
evidence of John Fairley, the gentleman
wauax I had occasion to mention to you for-
Berly, as the ambassador sent through the
CMiutry, by the sub-committee of Ways and
Means ; but I do not think it will be requisiitc
for me to detain you with many observations
Lpon wliat Mr. Fairlcy says.
He in substance tells you, that he was
ffotng upon a visit to his sister, who w:ism;iid-
cervant in a gentleman's family in Stirling-
shire : but, wTietlier that was the real inteu-
LK»a of his journey or not, is of no consr(|U(;nce.
Ue was employeii, at the same time, to vibit
ine friends of reform in different places, in
c^r to know what were their sen ti men Is ; to
inquire whether the cause was prospering or
4i<.ca>ing ; to know who were attached to it ;
t> learn what correspondence might be kept
up, and what money might be expected.
iLe^e were the sole objects for which Mr.
iaiTtey was employed by the committee ; and
irym what you saw of this same ambassador,
I ca&QOt doubt you will be satisfied, that if
i&y thing really criminal had been in the view
4? the committee, he was not the person,
«ham they wuuld have chosen to entrust
vjtb tuch a negociation. Nay, even if the
VOL. XXIV.
committee had been so absurd, I do not think
the Friends of the People at a distance, would
have been so wanting in common sense and
prudence, as to liave committed themselves
to him, or to listvc entrusted him with any
treiisonable secn't.
But, while the inquiries I have mr.ntioni>d,
were ail which the commitloe liad in view; yet
it appears, from what Fairley says, that he ro-
ceivcd some other insli notions from Mr.
Watt, and I beg you will allciid to the manner
in wliich those wore given him. From thq
committee he received no other instructions,
but to m.ike the uiquiries I have already
mentioned ; and, indeed, the committee had
no other object in view. It was a perfectly
fair object; for it had no other intent than
carrying on the cause of reform, in a legal
and constitutional way ; and Fairley was to
get from Mr. Downie thirty shillings of the
money belonging to the committee, in order to
defray the expense of his journey. Thus far,
the matter was the business of tlic committee ;
but Mr. Watt desired Fairley, before he
should set out, to call at the shoo of one Mr.
Campbell, where there would be lying for
him a parcel which he was to carrv along
with him. Fairley accordingly called at
Campbell^, and having got the parcel, set out
jon his jdiuney.
I think Fairley said, that Watt desii^ed him
not to open the parcel, till he should come to
Stirling, or some other place, and accordindv
Fairley obeyed this. When, however, he did
open the parcel, he found there a paper of in-
structions written by Watt, and which men-
tioned the foolish plan about seizing the Cas-
tle, and other things of the hke kuid. This
paper of instnictions, however, had never been
read to, nor seen by the committee, but was
entirely the opemliou of Mr. Watt alone.
From 'what Fairley says, and from the evi-
dence of Dr. Forrest, you sec how little en-
couragement any such wild plan met with
from the Friends of Uefurm at Stirling; and,
indeed, they seem to have been spoken of
there only in the slighlost manner ; fur Dr.
Forrcbt tells you, that I'.iirlcy expressly said,
the purpose for which he had been sent hy
the (-(anmillee of Edinburgh, w;is in onlor to
coiled some uioney for Mrs. Skirviiig, and
other tViends that \* ere in distress.
Fruni Stirling, Mr. F.iirlcy proceodid to
Glasgow, Faisley.and other places, and then
returned to Fdinhui^h. When he tame to
town, he wont lir>t to his t ither'a house,
and then wvui to iho cuinmittir, il hap-
pening to he a nis^lit on wliicli he knew
they usually uicl. \\ U^n ht: went llieie,
he found \Valt, DiwiiiL-, and M^Kwaii.
1 do not recollt:<l if h'' nicnlionod any body
else; and you will particularly remark what
then parsed. Had Ihr paper of inblrnclions
been iriven to him by the toinmittee, or by
authority of the conimiltee, surely the tir.st
thing would have been for them to inquivi^
what he had dune ; and he would Ivwvi wv
IGS]
(^^ GEORGE 111.
Trial of David Dowuie
[164
mediately puMcd out the paper from bis pocket
and have given a lull accoanl of the success
of hi« negodation, la place of this, what
bappens ? He tells them, that he found the
friends of reform in general^ hearty ; and he
mentions every thing he had met with re-
specting the objects which the committee
had in view; but, instead of producing the
paper of instructions, which he had received
from Mr, Watt, he keeps it snug in his pocket,
never brings it out, nor says a single word
a^oiit it, during the whole evening. Nay. far-
ther, he tells you, that be never produced
them to the committee, either then or after-
wards, but, in a day or two after, gave them to
Mr. Watt himself.
Nothing surely can more clearly demon-
strate^, ttiiit the committee had no knowledge
of, nor any concern with these secret instruc-
ligns. They were purely and solely the ope-
ration of Mr. Watt himself; and as they came
from, so Uiey were given back to him alone,
viihout the committee knowing any thing
abottt the matter. In Questioning the witness
indeed, a good deal ot weight was attempted
to be laid upon the circumstance of this pa-
per of instructions nmning in the name of the
committee, and also upon the money given to
IVirley being out of the fund^ of the com-
mittee ; but I am confident you willat once see
that there is nothing in tins.
Mr. Walt would no doubt choose to make the
paper run in that way; but his having chosen
to do so, will never make that the paper of the
committee, unless there be clear evidence that
they knew and approved of it, Now, there is
not only no evidence of this, but there is most
satisfactory evidence of the contrary, And as
lo the money, itis perfectly clear, that although
men by the commiltee, vet it was only for the
lair purposes which they had in view in sending
ralrley, and not for any secret and criminal
purposes*, such as those of Mr Watt U was
otdy thirty shillings, of which Falrley having
expended but fifteen, he offered back the re-
mainder ; but the commiltee allowed him to
keep it for his trouble.
In short, gentlemen, it isevident, that there
VfCTC two dUferent purposes, or two separate
p:irts of Fairley's nii>sion, and you ought
I carefully to distinguish between them- The
^ one was a perfectly fair and a blameless pur-
^pose; and it was to innuire what were the
•*cntiments of the fricnus of reform, and to
I know wh>it money might be obtained for car-
•ryipg it on, in a legal and constitutionsil way ?
I This was the sole object of the committee,
and the only purpose tl ' ^ - -, » . i
• rairley. The other wsis
Watr* ow^n, kr--t t..i Ji
' roinmiUoe, ai
^can be in no ti- ^ ^
►eruuinal and wicked d
^guilt uj»ou hiniself, bui
Pt<* any other person who>ie >itci;A^ioii \o and
'iipprobation of it, b not fully tnd cleat ly
^frovcd* The trilliug turn given by the com-
mittee to Faifley, is of itself a proof, that lltey
could not have any thing cnm\nal in view;
and you will remark, Fairley enpressl^' swears,
tliat he never heard of the plan of seizing the
Castle. &c. from any body but Mr. Watt.
And now, gentlemen, having offered yovt
these observations upon the evidence, I will
beg leave shortly to remind you of what I
stated as to those principles of law, which
apply lo the present case, where the crime
cWged is that species of high treason, the
compassing or imagining the death of the
king.
It has long been the boast and the glor^
of the law of England, that of all species of
guilt, that of treason has been defined with
the most scrupulous exactness. It was fa
this great purpose the statute of Edward 3rd
was passea; and as often as, in succeeding
and arbitrary reigns, new treasons had been
created, these were a^a, in better time«, re-
pealed, and the law of treason brought back tA
the sundard of that ever to be revered statute.
It is the great bulwark of our liberty, and the
mighty protection, under the shield of whkb|
the subject is secured against the violence or
injustice of stale prosecutions.
I stated to you, and I supported it by hig)i
and unauestionablc authorities?, that althougfi
a conspiracy to levy war, has in some cases
been by con'-tmction held to amount to the
crime of compassing and imagining the death
of the king, yet this has been admitted only
in certain circumstances, and a line of distinc*
tiou has been taken, and the utmost aniiety
shown, to prevent the carrying constructive
treason beyond due bounds. That distmctlon
has been taken from the object, or purpose of
the conspiring to levy war. Where the pur-
pose was sucn as directly and necessarily lo
affect the life and safety of the person ^f th«
king, it has been held to amount to a com-^
passing or imagining his death. W^here^ on
the other band, the purpose has been to obfain
some reformation, witnout pursumg the due
methods of the law, then the mere purposing
or designing to levy war, for that end, has iia|
been held high treason.
This is the hne of distinction, and these
the boundaries, which the wisdom of the law
has marked out. To transgress these boim-
daries, and to overleap them, would be to con-
found the nature of crimes; anil would be
giving a fat;* f i«Ie blow to the se-
curity and 111 icct In the pfro*
grcss of huiniui iiay
spring up, that m i U*
^— ■■-■■■•- "^v- ,1;
Ir-
od
iU*t>tuii' aojiy whiUi ia it*
$elf the w.
This very iiVii, wluch wuuld in Che end prort
J^ High Treason*
otwtltfow of all liberty, was anxiously
M aeuiut by the statute of king £d*
I whtcti has express! Y said, " Aim be-
%hmX many other tike cases of treason
^ hiffpcn in time to come, which a m^^
\itik nor declare at tbia present time,
isooorded tlmt if any other case, supposed
> which ii not above specified, doth
liefore any justices, the justices shall
' without any going to judgment of the
», till the cause be shown and declared
I Uie king and his parliament, whether
il Odgbt lo be judged treason or other
fdojiy/*
Wall iJic law thus in your view, it Is with
yiM^gaitlecnen, to consider, whether the tacts
\ in the present case^ do amount to that
4>f treason which is here charged?
mg ihat a conspiracy to levy war, or
ladilic a commotion^ is here actually proved,
viial una^ the object and purpose of it ? Was
^ ic^myiracy to levy such a war, or such a
''"'Mmmi as aimed directly, or necessarily,
person of the king? On the contrary,
rati oof dearly and evidently sucbawar,
mA Hich a cofxunotion^ as, at the utmost,
GBuid have for its aim nothing more than a
Wifcilii>tiiiu» without pursuing the due me-
tiadso^biw? Was there any view or pur-
fmt oi detlirooing or deposing, or endangcr-
a|§ lh« lilr of our most gracious sovereign?
liowicb thing ever was, nor could be dreamed
La. d. 179*.
[165
It 11 Bat eiiou|h to say, that the commotion
Mmtm raised^ night possibly have gone such
all§gUk.«a njtjcualely to bring the personal
flftOr w tjae kin^ into danger. There is do
-I <Pf>|>Oftition nor resistance by force
Ifioleoeo to the execution of any part of
which may not, by a strained coo-
I and imoUcation, be connected with
^■Artjr of the king. But it is for this very
WBm, tnal the law has wisely distingui£»hed
I what may be intended agiunst the
\ of lite kjtig, and what may be intended
^ wliat has been termed the ma-
In other words, the authority, or
tsaoitlTa j>owcr of the crown. The former
I held tf^**Min, but the latter has not;
odil is no! '^ .:, gentlemen^ to throw
muh Iha di or to confound oBences
wbieh Um law 111! ^ separated.
Aad lat me call to your ren\embrance ano-
ripdndpfr *^-f ! took the liberty of ex-
mi 4 1 and which is> that
\ut ;,;„.>.* consists in the wicked
I af tlsc heart. The overt acts are
|0 he fL'Enrded, in so far as tbey are
of the guih of the
i ly puqxisc which con-
fl, uijles* you arc satis-
:if the hir had m his
. ' ■ : • , lie-
of
ui ihc
lYu Ijttu successful
in sho^^ing you» that the prisoner liad no real
accession to the plan about seizing the Castle,
nor to the preparing the pikes-, both these
were the mild measures of Watt alone. The
former was rejected by the commitlee, and by
Mr. Downie, and the latter never known to,
nor countenanced by them. Any knowledge
Mr. Downie seems to have had of the pikes,
was transient and accicfenlal ; and you must
be satisfied, these pikes never could be meant
for overturning the state, or endangeriug the
safety of the king.
As to Mr. Downie having been a member
of the British Convention, he neither has been»
nor, for the reasons I formerly mentioned,
can he be criminated upon tliat account. And,
as to his being a member of the Couimiltee
of Union, or of the sub-committee of Way^
and Means, I cannot discover any evidence
whatever, that these committees had auy cri-
minal, and far less any treasonable designs.
I request you to distinguish, gentlemen, be-
tween a zeal for the cause of reform, and a
wicked and criminal intention to subvert the
government. Because the zeal of some mrn
may be warm and intemperate, it would be
unfair to presume, that they would go the
length of hostility to the constitution. And
because, in societies for reform, there may be
some who harbour in their minds treasonable
and detestable designs, you must not therefore
conclude, that this pervades the minds of
others ; or, that because a man is a Friend of
Reform, ora Friend of the People,he is to be set
down as guilty of the crime of hi^h treason.
In fairness and candour, let the line be drawn
and the just discrimination made. Con-.
found not the innocent with the guilty. Co;
found not the less guilty with tljose who are
more so. If, from an intemperate impatience
for reform, some men sliould transgress due
bounds, and think of pursuing their object by
other means tlian the methods of the law, let
their temerity meet its due punishment; but:
let not liasty and precipitate resentmeul ma^
nify into high treason, an offence ot'a muca
less criminal complexion. Let us ever r©«
member^ tliat we are to look, if there h the,
wicked iraagmalion of the heart; and, if we
cannot discover there the malii^uiint and
atrocious design of compassing and iMia»jiini.i,
the death of the king, we canni/t pronouno
that it is \}\e crime ot high treason, I>ct coq]
judgment disarm resentment, and teach ua^j
tiiat the preservation of the law is of infinitely
grciiter moment than the pumshmcnt of air
mdividuah
But, gentlemen, I must conclude, for I feel
myself much exhausted, and I am much atmic"
1 have detained vou too long. 1 know youi
attention and disceniment will supply any
defects of mine, and I trust you will be sati:*-
fied that no crime has been proved, of so deep
u dye as c;m ciititte you to lake away ihe life
of this poor old man at your bitr ; and tlial
you will therefore return a VL-rdrct, lindin
him not guilty of the crunc charged.
%
J
167]
34* GEORGE III.
Trial ofDawd Ddionie
[166
REPLY.
Mr. Anttruther, — Gentlemen of the Jurj ;
—I now rise to perform a very unpleasant
task indeed— to call upon you for your verdict
against one of your fellow subjects. I feel it
nv duty, and sorry I am that it is my duty, to
call upon you for that verdict, hecause I think
that I have laid before you evidence which in
point of fact, proves the offence slated in the
indictment no less au offence than that of
high treason.
There was one observation made bv Mr. Cul-
len in which I most heartily join with him, and
wish you to attend to it as much as it was
possible fur him to do. He called upon you,
gentlemen, not to regard any thing that you
might have read concerning those transac-
tions, but to confine your attention strictly
and solely to the evidence, laying out of your
mind every impression you might have re«
DOW addressing you, which I charge upon Mr.
Downie; and, if I cannot make out that Mr.
Downie is guilty of a breach of his allegiance,
by being guilty of compassing and imagining
the death of the king, which is one species of
treason under the statute of Edward 3rdy I
totally fail in my case: and I am sure I have
no wish, hut the wish of justice. I should be
happy if the judges found it consistent with
the law to tell you that there was no treason
laid in this indictment, or proved by the evi-
dence, and that you find it consistent with
your oaths to acquit the prisoner at the bar.
The public prosecutor has done his duty in
laying, the case before you : he will be happ^
if it ^mits of a verdict of not f»uilty; but if
you view the law and the evidence as I do, I
am afraid it will be hardly possible that it
should be so.
Gentlemen, I have said, that this indict-
ment accuses Mr. Downie of being guilty of
ceivcd in other places ; and laying out of your one of the species of treason left by the sta^
mind every thing, except the impressions
which you have received from that which is '■
strict legal evidenrc given upon this trial this \
day. And inoM sincerely do I join with Mr. i
Cuilcn in rcronimcnding to you, and telling .
you, tliat you will not perfonu your duty to '
your country and your duly to yourselves*, if j
you do nol lay all extraneous matter from l
your minds, and confine yourselves slricliy cntion from the moment measures tiave been
and solely lu the evidence before you . taken for that purpose, whatever they maybe.
The atleiition you have bestowccl this day to I The next thing for us to inquire is, what
that evidence, renders it unnecessary for me to the statute docs not tell us, but which the
be extremely long in repealing it; and that at- , law has Iet\ to the judges in each particular
tenlii>n satisfies nie, that the caution Mr. Cul- '
lulc of Kdward Srd— compassing and imagin-
ing the death of the king ; and it is true^ as
Mr. Cuilen has stated, that, in the case of the
king, the statute of treasons hath with great
propriety retained the nde voluntas fro facto
habetur. In the compassing the kind's death,
the wicked imaginations of the heart have
the same de<>ree of guilt as if carried into exe-
len pave to you, and which I have now re
peatcd, is :it best an unnecessary one. The
ob^ervalions vhich Mr Cullrn has made upon
the law, will nuike it ne(e*isary tor ine to siiy
a few wouls to you up«»n that head ; but you
will not lake the law from Mr. C'ullen, nor
from i«p, allhou'^h I shall endeavour to state
it wilh all the acc\iracy I am able ; hut you
will take it from those much more able to
explain it, than cither of us, whose duty it is
to explain H, au'l to w nose obhcrvalious it is
your tliily to allrnd.
There w;is another observation of Mr. Cul-
len's'in which 1 inrfectly concur; and that is
an \iller «hhorrencc of eVery thini; called t on-
structi\c liea-^on. I^rd Hale\ woids, which
he reail lo you, I wish may be impressed
upon tl 10 ninul of every public prosecutor as
case lo determine, namely, what acts are to
be held as means taken for Ccirrymg such
compassing and ima*;inations into elVect, and
lo be evidence of them, or what in other
words, is an overt act of this species of
treason. If means have been taken to
carry the design into execution, the party
is guilty. What those means are, may
vary in every case ; and, since the date of
the statute, various tacts have been held
to be overt acts of this species of treason,
and various principles have been eslablish-
ed wilh regard lo what are or are nol overt
nets of coinpas*>in^ and imagining the death
of the kinir. I will state these shortly, in the
words of some of the first lawyers and judges
of Knglund, whose opinions have served as a
guide to succeeding judges : and from theoi
you Will learn the priuciples which have
long as the wurld endures; but you will re- ■ guided courts of justice on determining what
coilcft that the words of lord Hale are not
appliul t«i the sl:itutc yjlh Kdwanl 8rd, or lo
any of tlse Npei ies of treason declared hy that
law. They arc to he found in that pari of his
woik wlure he makes the paneg\Tic of the
23th i:dvv;ird :Jrd. Thank God, that statute
abolishtid in England a string of constructive
treasons enough to make men shudder. To
those treasons lord lialc*s observations apply.
hut, gentlemen, it is one of the treasons de-
clared by the statute of Edward 3rd, and con-
tinued from that time down to Uie time I ud
I were overt acts ol this species of treasim ; and
, you will hear the cases which have been de-
termined, and which have been put as illus-
trations of these principles.
In the fir^t place, [ take it as too clear to
be disputed, that a person is guilty of com-
passing and imagining the death of tlie king,
from the moment means are used lo eftecl the
purpose of the mind. It is also perfectly
agreed upon all hands, that it is not necessary
to lay before the juiy, or state in the indkt-
iDent, a direct iiunediate attack on Uie persoQ
169} for High Tnaton*
of his majesty. It has been held at all times
not necessary to state an attempt to poison, or
to assassinate the king. Most unquestion-
ably, if tliose means were used, they would
irresistibly speak the purpose of the mind ;
but means niuy be used to effect the purpose
of compassincr and imagining the deatnofthe
king, inticitcty short of such attempts as those.
MrrCuilen agreed that a {)er8on going into a
boat for the purpose of going to France with
treasonable papers in his possession, was pro-
perly held as employing means to effectuate
the intention of his mina, and an overt act of '
compassing the death of the king. Mr. Jus-
tice Foster, on whom Mr. Cullcn bestowed a
very deserved panegyric, tells us — ** The care
the" law hath taken for the personal safety of
the king, is not confined to actions or at-
temptb of the more ila&;itious kind, to assas-
sination or poison, or other attempts directly
and immediately aiming at his lite ; it is ex- |
tended to every thing wilfully and deliberately |
done or attempted, whereby his life may bie
endangered." Iherefore, gentlemen, if I
state it in the indictment, and prove any act
done deliberately, whereby the life of the* king
may be endangered, I have stated and proved
that which is, in jioint of kw, an overt act of
compassing the king's death. The same author
says, ** the entering into measures for depos-
ing or imprisoning the kin^, or endeavouring
to get the person of the king into the power
of conspirators, have been held overt acts of
high treason within this branch of the sta-
tute." Why? Because they are acts done,
or attempted, not by which his life is to be
immediately affected — not by which his life
is to be t'lkcn away, but they are acts done
and attempted, wherebv his life may be in
danger. The same author farther says, " of-
fences which are not so personal as those
already mentioned, have been with great pro-
priety brought within the same rule, as hav-
ing a tendency, though not so immediate, to
the same fatal end ;" and, therefore, the en-
tering into connexions for the purpose of
bringing foreigners to invade the kingdom,
has brcn held an overt act of high treason —
And why is it held to be an overt act of hij;h
treason ? Because it may endanger the life
of the king.
I could put a case, where it could hardly be
within probability that an invasion should
directly be amied against the pcrwm of the
king. I could put the case of the king being
upon the Continent at the time that some
persons made a contract with a foreigner to
Lnng 2<»,rt'<» Ku^-^ians, or other foreipners, to
niikc wjr in this country. This conkliuit be
high treason under llie riausc of levying war,
because iKi war was le\ied. It wowM iiot he
aJhering to ili»: kind's enemies, because llic
|»^rM>n«* suppo cmI are not the kind's enenuc*;.
The ktng*s person could not be in irnnicdiato
danger, Itocause the cai« supposes him in his
Sotcign doniinmns ; but would it not be high
trtawB^ M<wt certainly. It is the king's
A, D. 1794.
[170
duty to repel such invasion; to place himself
in a situation of danger : the measure directly
points at distnrbing the peace of the country,
which it is his duty to protect ; at introducing
host'dities, which the ooligations of his situa-
tion call upon him to suppress ; therefore the
tendency of the attempt necessarily exposes
bis person and life to peril; and it is to that
natural and afiparent tendency that we are to
look. Foster states the principle distinctly,
when mentioning the oflience of inviting fo-
reigners to invade the kingdom to be high
treason. It is such, says he, because it hath
a tendency to endanger the person of the king,
and therefore it hath, in strict conformity to
the statute, and to every principle of substan-
tial and political justice, been brought within
that species of treason of compassing and
imagining the king's death. You therefore
see, tliat every thing which has a manifest
tendency to endanger the person of the prince,
is an overt act of compass! njs; his death.
Whether the acts stated in this indictment
and proved by the evidence, have that ten-
dency or not, I shall eonsider bv-and-by.
These are not only the words of that great
and illustrious person, and such he certainly
was ; but no judge, who either prcccdeil him,
or who has followed him, no text writer of
authority differs from him. Hawkins says,
'' The uerson of the king may be endangered,
not only by such overt acts as to take away
his life, but such design as cannot be exe-
cuted without apparent peril thereof." Gen-
tlemen, it will he for you, and my lords the
judges, to consider, wliethcr the design stated
in this indictment could be executed without
apparent peril and danger to the king. The
same author, in another place says, *' It hath
been adjudv;ed, that the levying war against
the king's person, or the bare consulting to
j levy such war, or meeting together, and con-
! sultin<r the means to destroy the king and his
• goTerinnent ; or assembling with others, and
I procuring them to attempt the king's death,
: by listing men in order to depose the kins, or
I printing treasonable position!^, as that the king
I IS accountable to the people, and that they
I ought to take the government into tlieir own
hands, is an overt act of high treason."— Why
I is it such ? Because it is to excite the people
; to take the government into their own hands;
■ and that cannot be done without endangering
' theperson of his majesty. Gentlemen, you will
judge under direction of the learnetl judge who
presides here — you will jud^e from what has
been laid l>efore you on this trial, whether
there was, or was not, amongst these people
a design to take the giivernment into their
own h:mds ? and whether it did not go farther
than printing that proposition in a book, and
pnblishingitto the world, which in the opinion
of the writer whom I have ju^^t cited, is high
treason. Have no mfans been taken, no steps
pursued, far beyond the printing and fiuhlishing
an opinion that the people ought to take the j;o-
vcrnmcnt into their own hands \ LooV^VvV^
17i]
31- GEORGE III.
Trial of David Vownie
{112
4tnstiument3 lying upon the table, and say
J whether the providing of these for Ihe pur-
l^fioaes proved, speaks not the intention clearly^
>,and whether they are not means more efiec-
ytual for carrying that intention into execution
•than the publication of any book, however
dangerous the propositiona it contains.
Gentlemen, my friend, Mr, Cullen, most
K^Jeaervedly bestowed a nanegyric upon lord
l^ale, an<) from him r«aa that quotation res-
l^cting constructive treason, which I have
mentioned. He told you^ as he said, from
bis authority, that a conspiracy to levy war is
pot treason, unless it be where it is directly
QBt the person of the king. Now I am
sctly ready to a|;reCt antf God forbid I
■ Should not, that a conspiracy to levy war, is
not under all circumstances, an overt act of
high treason. Mr, Cullen stated fairly, there
are two species of war in contemplation of the
law ; one that might be directly against the
person of the king, and one that may not
nave the least relation to the person of the
king, but which may be called a war merely
upon other men ; and but for the generality
ohhe purpose, would be no more than a riot.
If people asscDible to pull down any house, it
is a not, and no more. If they assemble to
pull down the houses of all lawyers or judges,
or all merchants or religious houses, such as
all meeting-houses, or all churches, or any
thing that docs not point to an individual,
that IS held to be a levying war ; but a con-
spiracy to do th;it act, is not an overt act of
high treason. And why? Because, it is im-
possible to say, that men who do tlaese things,
nave the suiaUest intention against the prince;
Ihey neither do» nor intend to do, an,ac| by
which his person is in danger. It is war by
construction only ; and, it cannot be allowed
to make tlie act war by construction ; and
then lo ar^e, that, because it is war, it is
means used, which in then- natural and direct
tendency, endanger the person of the king.
The natural tendency of their acts, does not
put the person of the prince in peril. It is the
geoeralitv of their purpose alone, which brings
them within tlie statute of treason* It is m
the remote consequences, and in these alone,
that danger mav arise to the life of his ma-
Jeaty. But is that the case with regard to an
attempt to overturn the government, of which
he is the head, and first executive magistrate;
or, with regard to an attempt to supersede the
legislature, of which he is an integral part?
Is it possible such attempts can oe made,
without directly endangermg the person of
the king }
Now, Gentlemen, that you may follow the
lule of lord Hale which 1 wish you to do, I
will state what he says upon tnis i^ubject,
Xioni Hale, who is quoted to you as the enemy
of all constructive treasons, lord Uale says,
** though a conspiracy he. uoi itnmt^JiateJy,
aiv ,and expr« .iU
oi_ -.' '■ '^; but the t. -^,- , ,,; ; ,mc-
UiUig Liiiitin all probabJitymuj^t induce it; and
the overt act is such a thing as must induce
it : then it is an overt act to prove the com-
passing of the king's death." — He then pro-
ceeds to a number of instances, and says, '^aa
assembly to levy war against the king, either
to depose, or restrain, or enforce him to do anj
act, or to come to his presence, or lo remove
his counsellors or mmisters, or against the
king^s lieutenant or military commissioned
officers, is an overt act proving the compass-
ing of the death of the kmg; for such a war
is directly against the very person of the king ;
and he that designs to fight against the kin^,
cannot but know at least it mu^t put his hi^
in hazard.*'
Tell mc, gentlemen, whether the facts
charged in this indictment do not amount to
a consultation and conspiracy to fight against
the king's commissioned officers ; and il thcjf
do, it must put the king's lile in danger.
Tell roc, my lords and eenllemen of the jury,
whether the plan proved by the evidence is
not a plan to force the king to do something
against his will, to restrain hhn from doing
that which as a branch of the legislature he
had a right to do, and to take the will of tho!^;
conspirators instead of his own? One wort]
more, gentlemen : he farther says, ** yet
such a conspiracy or compassing to levy war
against the king directly, or against his torces,
a meeting and consulting for the elfect of it,
whether the numbers be more or less, disgui*
sed under any other pretence whatsoever, as
of reformation of abuses, casting down enclo-
sures, particular or generally, and wrestling,
football-play in K, cock-fightmg, yet, if it can
appear, that they consulted or resolved to
raise a power immediately against the king,
or the liberty or safety of his person, this con-
gregating ot people for this intent, tnough no
war be actually levied, is an overt act to
maintain an indictment for compassing the
king^s death witliin the 6rst clause of the sta-
tute of Edward Srd ; for it is a ktiid of natural
or necessary consequence, that he that at-
tempts to subdue and conquer the klDg» can-*
not intend less than the taking away his life.^
Gentlemen, it will be for your determinatioi
this night, whether there was not a eonsp"
racy entered into by the prisoner at the
and his adherents, to subdue and conquer
king?
I shall now, gentlemen, state a passage, of
which Mr. Cullen read a part to you, ll
from a speech of lord chief justice Holt, whos
authority is deserving of your most seriou
attention, and when the whole pummph i
taken together, his opinion is staled in
masterly a manner, and so clearly, that it tsl
not necessary to say a word mure than barelT^
to state it. It is in the trial of sir John Friend,
fur hieh treason
** ife says,"
** Here is no wai / I
or design to levy war, docs n i |
this law agamst treason/* V| t i
observe, that if there bt only a couspu^cy lo
17S]
Jhir nigh Treaton.
A. D. 1794.
[174
I «t is not IreasoD ; but if the tlcMgn or
. be to kill the king, or to depose
mill -on him, Or pul any force or re-
m ; and the way and manner
c /^e is by levying a war, there
M and conspiracy to levy a war
is,, »..-». ^.M,/y-e is high treason, though no
' wmr be levied; for such consultalton and con*
L iptxftcy, ta an overt act proving the compass-
I j&g tbe death of the king, which is the fir^t
] lf£iaon mentioned in the statute of the 25tb
1 af Bdward 3rd ; the words of that statute are,
[ llttt tf my man shall compass or imagine the
* itV ' «ng; now* necausc a man de-
la^^ i I, deposition, or destruction of
Im iuagi ^[^d with that design agrees and
' , to levy war, that this should not be
itrtt- tr be not actually levied, is
l# wmf tit nne, and the contrary has
|alp»}" * iu lu be law.*** He goes on
[fc* i i yc. may be a war levied without
laoy i*tj.. '-' 'lie kiQg's person, or endan-
\oi if actually levied, is high
0 ; I ,„ .1 „ war be levied without cn-
Idanficrtiig Uic king's per5on, such would not
t overt net of high treason. If persons
ibie themselves, and act with force in
alkn to some law, which they think in-
oient, and hope thereby to eet it ro-
ip this is levying a war and treason,
ll purposing and designing it is not bo. ?
1 they endeavour in great numbcr<^i with I
I ki make some reformation of their own
irrthout pursuing the methods of the
thai is levying of war and treason.*'
I Ims goi^s on to say, '' But if there be^ as
1 you before, a purpose and design to de-
tbe king; ana to depose him from his
, Of to restrain him, or have any power
9» which i^ proposed or designed to
td by war, that is to be levied, such
tacy and consultation to levy war, for
tinoiitii^ this to pass, is an overt act of
'i tretAon/'t In the trial of sir William
as, who WA^ indicted for the same con-
ost eminent judge, lord
ct says the same thing; his
pare: *' 1 i Icll you, that this
DO of c<j> and imagining the
* ^ vident by other
on: to conspire
lallji ' .li M»>.nJe the realm; to
vkk a in with invaders, and to
k« ftii tnn ^iLviin^it the king, —
liug the king's
I; f^^ I , , M^ctf, but thai he
nK>ul ;rrfd up an invasion, and
BMartT I isi the king's person, docs
^ til unofthc king, which is
TCft . ^1 treason; and he that
\ take au I ^ defence, which he
I hav« bv lUCc of his suhjectii^
tir John Frcindy Vol. 13»
hon,
I Clod's Tjia), aiK\ Vol. 13^
and leave him exposed to his mortal enemies,
cannot but be prcsunied to design tlie king's
ruin and murder."*
Now, gentlemen, such b the law and iU
distinctions upon this subject. If there be a
design through the medium of war, to overturn
the government of the country, of which the
king is apart; to supersede the legislature^ of
which he is an integral branch, as well as first
executive magistrate ; it js hard to say, that
such a design, if carried into execution, Would
not endanger his life. His duty to that con-
stitution, which has placed him in the sitiia'
tion of its first executive magistrate, calls im-
periously upon him to resist, at all hazards, all
such attempts ; their success no king could
survive; and the very first step taken either
to ensure their success, or to prevent their
completion, places hira in a situation of dan*
ger and peril, from which it would be strange,
indeed, if the law, which protects the meanest
of his subjects, did not strongly interpose for
his defence.
Thus much with respect to the law : with
regard to the facts given in evidence before
you, feeling myself very much exhausted, and
apprehending you must be the same, trorn
the length of time tliis trial has lasted, t
shall state thera very shortly ; and 1 am hap*
py to say, that the very great attention you
nave bestowed through the course of this long
trial, renders it unnecessary for me to be mi*
nute, and enables me to perform my duty,
without consuming much of your lime.
The first evidence we brouglil before you,
was for tbe purpose of proving a conspiracy in
general, to uverlurn the constitution of*th«
country ; and how far Downie is a flee led by
it, wiir b^ (or you to determine. I think he
is directly affected by it.
First, we prove it, by the correspondence of
seditious societies held in London, and in
other places ; their letters say they will have
means more effectual than the petitioning
parliament for a reform. What means? 1
desire you to take that letter of hkirving to
Hardy, Into your consideration, and tell me
whetner it does not directly point out the pbn
for the destruction of the whole government
of this country, and placing one organised by
Skirving and his associates \n its stead ; Skirv-
ing says, we have already formed a plan for
organization, that when the time come^, he
and his friends may be ready to act, and may
not be occupying themselves with organiza-
tion. Take thatfetter, and tell me whclhtrit
does not directly and pointedly go to the case
of the dissolution of the government of th^
nation, and Skirving and his organized body
taking the place of the guverument of the
countr)\ What does the seditious society in
London do ? First, it proposes to Skirving to
adopt a method more effectual than petition*
ing. What is it SkirVing proposes to be more
♦ Sec the Trial of sir Wilh^iu Parkyuv,
anic^ Vol 13, p. 113-
175]
84' GEORGE IlL
Trial of David Dawnie
[176
cfifectual than petitioning? A Conrcntioa.
WhatisSkinring and the society to go on
with and endeavour to procure ? A ('onven-
tioo. What is the convention pointed out by
Skirving in his letter to do ?
Their determination is, tliat if the legisla-
ture dares to do a particular act in the e?(ercise
of its legal fttnctions, they will resist that
legislature. What is this in plain English but
« conspiracy to overawe the legislature from
doing its duty ; if it does its duty, to resist
and robcl against it? When that society,
calling itself a Convention, met, how did it
act? It formed itself upon the model of a
convention in another country, the effects of
which, in that kingdom, I need not state. It
next assumes the name of a British Conven-
tionw — Ailer that name is assumed, do you
hear a word of petitioning parliament? No.
My learned friend read a passage from the
Mmutes, in which it was proposal by some
members to petition parliament ; the idea is
treated with contempt : and, afler that, shall
I be told it was a society for the purpose of
petitioning parliament for a reform ? They
tell me themselves th^ did not intend to pe-
tition. But is that all ? Do they stop there ?
lliey come to a resolution, in which they ex-
Essly declare, that they will, in a variety of
en cases, resist the authority of the legis-
ire; and if parliament shall dare to pass a
particular law, they will dare to meet, m de-
nance of that law, till superior force obliges
them to desist; force superior to what? Gen*
tlemcn, can you read this resolution otherwise,
than as a resolution to continue to act in dis-
obedience to the laws of the legislature, to con-
temn its autliority ; to resist the execution of
its decrees, till a force superior to their force,
should compel them to desist. Gentlemen,
what is this, but a conspiracy against the le-
gblature of the country, and a resolution to
resist it by force ; and what sort of a war
would it have been, if the legislature of thb
cotmtry its King, Lords, and Commons is to be
resisted by force ?— Would it, or would it not
have been a war directly against the person of
the king, and directly endiuigering his safety ?
What is to become of his majesty, sitting in
his parliament, if another parliament, sittme
in Edinburgh, or any where else, are to tell
the legislature how far they will obey or not.
But this is not all. They provide for future
conventions, and form themselves into a |>er-
manent body, to meet and to act as occasion
shall require ; they resolve, that each dele-
gate, when he returns home, shall desire his
constituents to choose a fresh delegate to a
fresh convention, and providing a fund for de-
fraying the expense of that delegate. It was
asked nw,did I mean to criminate Mr.Downie
Ibr what he did as a member of the British
Convention. I say, gentlemen, that I do not
But if, afier Mr. Downic was brought here as
a witness on the trial of Mr. SkirviDg, he
chooses to act upon the nesohitioo of that as-
sembly, to adopt its purposes, further its
views, act upon its plans, and do that, which
its last resolution pointed out,— to endeavour
to procure a deiegdtc to be elected to another
new convention ; and if he did collect money
for that purpo^ic —I do mean to connect Mr.
Downic with those acts I have proved of his
knowledge of the act^ of the British Conven-
tion ; now I come to that which directly cri«
minates him. He knew the operations of that
convention. What did Downie do ? lie meant
to provide for defraying the expcnf«e of dele-
gates to another convention. Mr. CuUen
asked me if I meant to assert, that every man
who is concerned in what is called the cause
of reform, is to be supposed going the whole
criminal length of every other man engaged
in the cause of reform ? I say, most certainly
not. But if I prove that Downie acted upon
the plans and views that the British Conven-
tion did, then I criminate him. What was
this Committee of Union ? What was this
Committee of Ways ami Means. The Con^
mittce of Union, you have been told by
MHUubben, Orrock, and Brown, one of its
members, that the Committee of Union was
for the electing a delegate to another conven-
tion, and providing monev ibr the expense of
the delegate. What is this less than acting
upon the last vote of the Bridsh Convention^
which broueht about their disper^^on. What
was that other convention to be ? The paper
circulated about it calls it another British
Convention. Tlicn the ne.\t convention, to
which Mr. Downie was to elect a deputy and
pay his expenses, was to be similar to that I
have mentioned. What was that convention ?
It was of that criminal nature I have stated,-^
a conspiracjr to resist the legislature in the
exercihc of its functions, to support itself by
force, and not to desibt, till opposed by that
which puts an end to all rebellion, superior
force.
It might be said, tlicre was to be a convenr
tion to meet in England ; and, however ille-
gal the British Convention's views and pur-
poses might be, Mr. Downie meant not the
British Convention that was past, but the
convention which the £ni;lish sociolies meant
to call in England. What was it thc^' meant
to call in England ? A convention similar to
the British Convention, another British Con-
vention, the views, the objects, and acts of
which these Eiiglish societies applauded, ap-
proved, and adopted : and, I may add, that
the most violent of the acts of the British
Convention were the natural and necessary
result of the principles laid down by the Lon-
don Corresponding Society for the direction oi'
its delegates. If you read the minutes of the
Globe Tavern Meeting, — if you read that
paper pubHshed and ^ circuLitcd at Chalk
Farm, — the whole of those proceedings arc
founded upon the last vote oi* the British
Convention. The dispersion of that conven-
tion is one of the grievances complained of,
and It is the model upon which the new con-
vention is to be framed. It is to meet in the
177J J^f High Tre&ion:
! er^tiU; to resist Hit • ufUiii le-
Xitte ; la tcpel forcx* Ij; . prtivenl
Lerdi^ and iloniinoQs i
c0tiHUA«r«« MwA r««i9lilfthoTi
llir sme maimer as tite Bnti$it vu..v,muij4)
Jlivc retuivctl to do.
I tf i I ect for a I
A- D- ITM.
[ITS
,ii!
1'
aod Hie li
liaelion eti*
lbr€emmjr
»a ftp rt
■Mil WDUi
Jloiinilput
Horn rti9 tn.
al.i
a
tte I'
niylmbecfRi
iljr »i€t lur one
mui II ic
k7
by
.t V *4ie*>iiv auil the
ncc bctwetn that
Ak ; the nicest di*-
Hfn. Theohjeclof
■'" Jla
on-
"1 NIC le-
iuit? ba
.; I -
e? It is a
, [lolr t'\t'C\ I
■111 ;
lila
ilurc oi
3d, that
is uijiUiti^ more
Ti i^Mi* is done,
rtlL'ct: from
iilion tnci to
, and deter-
l>> a superior
ir. IS no If^.J JUl-
% Jx>rfJ^, and < oin-
uiuhdated, if such
diij% That coulil
i. suvs my tricnd; Tor if il
. ->i the n>embMs of
M tf' br ^udty of
, thill if
1 1 in the
bcr, ilicic wuuU have been
K lly the
e tnlurc
10 support
Elf-
of
lid
'.; a
life
omMntoiif Mui keeping up the npint ot the
fiilMii <if tbt Pf cTpir. OttM-rvt^, fur one n»<>-
MSDf, «»llat tec of VVavs ntld
McMMii ftrt:! wduuJs, l)nt :irtrng
ArtM piiqicii4^ vihich I have sUfrd, dial oo
Mttlf ilf the Ftiefwln fif Ih*!* Prnple, tODsl-
^dW^M lii y» lNi itsfnisi-
•«». lis 0w fni lU, aud
"^ -^ornr^ Jt i:uiUlllli1«e
acted by authority, and uii hthulf of the
Friends of the People ; and mnrk iht« wordw,
u rctoUcfi i ! Ill one
' ^* One I * Rs uf
elect and pay the ejipcnscs ol to ii
* Uie important e!nibaA!»y whi' u
i'k'dlo Vol I by the witnesses ; ai , ri
ufif was, to provHie fur tiic grand
plari , and not a trivial part uf it, was,
to pTt>curc iit^lrument^, such as you now see
upon yonr tdble ; and shall I now be told all
Ihig wai irmocent, and that the convention,
intended to b^ called and supported by butli
mean^, had nothin*; more than a legal relorin
in view? 1 dare say thousands of itu^e dc-
hitkd men, who p:r r *
Friends of the Vwr,
^ " H', as I hav€ he
lod and many r Ir ^
la : hut was tht '. :..-l .: yj
the name
such objects
W.
VIMU XXIV,
of
in
Jay
1 1' tr
i.3
Means deluded? Was it dchision that Jed
lliem to send Fairlcy round the country for the
purposes for which he went ? Was it delusion
tlmt made them desire Orrock to provide
pikes P Was it delusion that induced them to
pay Brown lor the pikes be had made ? Was
It delustion that made them consult and con-
sider of the cxtraordmary plan» of which you
have heard so much ? Mr. Cullen desired you
til consider, whether it was possible that tiiese
low men, assembled in small numhrrs, jin^iint
all these great purposes which I h;ivt* vfaled
ihera to have meant ; and slated the wildncss
and extravaf^ance of the plan, as rendering it
impossible for you to give credit to it»5 exist-
ence. Whether the sch*?me was wild and ex-
travagant, or not,-- 1 will not take ujion me
to sny : 1 he wild n ess and exiruvagatice of the
scheme does not prove the scheme <hd not
ejcist; and men arc not to cscaf>c puui%h'
nient^ because, thank G*hJ, iljc spirit of the
cotmtry is such, thai any such pian,altlK>ugh
supported by numbers much p^eater than
theirs, and men more powerfid than J hoy,
would be Wild and eiilravaeunt: But why sire
such schemes wild and* '" nt. Il is,
becvmse the spirit «jf lb is awake;
and because so mi3T:'' - ii. habitants of
these kinc^doms ba\ ed lorth by the
alarm; and have stot.L 1 m u w iv whif h
docs them huuour, aitd, i tru^t, bn e ]
to the designs of malevolent and y/\<
whether few or numerous; whettirr Jit iron
or abroad. But, thM there wan ^^ich a phin j
not less true, beCHu*« national loyalty aii^
spirit, a love for the king, and veneration ta
iiic constitution, hare r«odered il wild
extravagant
Oentlemen, you nughl hav<» thought,
haps, in former parts of your life, that
scheme bv ' n low occupatbns ii
Jde, and pomt uf money.
averb«t aii t ^*iibvi»4 lUt' ^^^^enuueut ^A %^
N m
Bi^aaiSiAHtfii^s^a^
179]
S* GEORGE 111.
Trial of David Do^nie
[180
country, was a thing so extmvajant, that its
extraviigance was evidence of its natt-ej[ist-
ence: but can you think so, at this day?
Have you not seen a mighty monarchy
crurableri to pieces? Have you not seen a
great king lea to the scaffold ? Have you not
seen all that was great, was learned, was
respectable or sacred, in oue of the mightiest
monarchies in Europe, scattered like chaff
before the wind, by instruments whom, hut a
few years ago, you should have thought vile
and contemptible? To use the phrase which
I borrow from my learned friend near me,
Uecause I never can do better than when 1
liorrow from him- — Such schemes are the
trea-^on of the day; the growth of this par-
ticular period; the treason of the hour in
which we now live. Melancholy experience
assures us of their existence; and even their
extravagance itself may rn some degree fur-
nish the means, and faciUtate their execution, i
I must next call your attention for a very
few moments to this committee. First, it is
-to pay the debts of the past convention ; then
to provide for the expenses of delegates to a
Dcw convention ; tlien it becomes a Committee
fof Union too large to act, too great in its
lliumbcrs; then a smaller committee is formed ;
b permanent committee ; a secret committee,
Ffionsisting of seven mem be re, chosen from
[the CommiUee of Union. What are the
IjKJwers entrus^ted to that committee? Unli-
fliiiLed powers overihc s<3ciety at hrge, as far
[^ delegation can go. One of the witnesses
id great difficulty in saying it was a secret
IfommiUee, and did not know what committee
Jilwas>; at last he says, it was just such a
Icommittee as men would have who wished to
I keep their business secret and private; that
[is, a commiLlee of secrecy. Now, what are
rthe acts of this committee? Its ftrsl act is, to
Testablish a set of collectors, who were to col*
fleet sense and mone^ ; who were to know
[ vhat number of patriots could be depended
^lipon; what exertions could be made in the
great cause. — Read the circular letter, and
nen tell me what were the views of the com-
FlDittee, *' We would wish to be informed
[ iKhat number of friends you have, whose pa-
ir iotissm you can rely upon, with the most
[implicit confidence, and whom you know will
I spare no exertion whatever iu promoting the
L great cause we have in hand;'* patriotism is
not sulficicDt 1 greater exertions are necessary.
[ What were these ? Read Fairley's paper with
the blank, as he has filled them up; what is
wanted at Stirling? Courage. What, was
courage wanting for a petition to parhament?
wai courage wanting to procure a reform by
legal and peaceable means? No: courage
was wanted for the hand to guide tho^e
pikes; courage was wanted for the toijcclors
v^ho were to conduct the division*;; couraj^c
was wanted to seize the Castle of Edinburgh,
I' and overcome them whose duty it was to dtf-
fend it ; to sei^e the judges, aiid oliier magis-
Iratei of the country; aad to 3eize upoa the
banks, and deluge this country witli blood,
from one end to Uie other.
Gentlemen, one of the first tilings done
after appointing tiiese collectors is, a meeting
for the purpose of answering Mr, Hardy*s cir-
cular letter, respecting another Britbh Con-
vention, about which I have said enough.
Watt, the leading member of the committee;
Downie, the treasurer, the general treasurer
of the Friends of the People, were tK)th pre-
sent at that meeting. Mr. Watt produces a
plan which he reads to the committee. Mr,
Culleu reads a quotation to you, to prove,
that if a person was once present at a consul-
tation for treasonable purposes, without
knowing wlmt the purposes of the meeting
were, he could not be guilty of treason ; most
unquestionably not ;— nor would I call upon
you to say Mr. Downie was guilty of treason,
if he had never done more than being present
at this meeting: and if nothing more passed
than passed the iirsi evening the plajiwas
read; if Mr. Downie had known nothing of
the nature and objects of the committee ; if
he had done nothmg before or since, to prove
his knowledge of, and accession to the whole:
the barely being present at a meeting for
treasonable purposes, without a knowleflffe of
these purposes before-hand^ is not of itself an
overt act of hii:^h treason. But what was his
conduct when the plan i^'as produced ? Two
persons (one of whom, if he was engaged in
schemes at any time liostile to the consUtu*
lion of his country, has most unquestionably
made that constitution all the amends in his
power, by the candid manner in which he
gave his testimony) ; I mean M*Ewan, when
that plan was mentioned, exclaimed against it;
and would not agree to any thing that was to
occasion bloodshed in the country ; Mr. Bon-
throne 5aid, No, no; and seemed to be in
greal fright, — Bonthrone immediately deter-
mined to leave the society, and to get rid of
it tor ever, and tree himself from every dan*
^erous consequence, which might attend his
having been present at such a meeting, by
stating to the world, that he had withdrawn
from these connexions. This conduct of
Bonth rone's strongly corroborates the evi-
dence of what the plan really was; it proves,
that it was a plan of very i;reat danger, and
very great alarm ; the plau proved is precisely
consistent with the eftec t the reading of it
produced on them ; it was to seize the Casllc
of E<linbtiTgb, raise a tire at the Excise-of-
fice, and when the soldiers came out to ex-
tinguish it, the Friends of the People sta-
tioned for the purpose, were to attack them.
Ah thes^c things wcn^ lo be done, nut bv the
assistance of ludilleretU mcn» who might be
pitked up by Watt and Duwuie; but by those
who meant to eh rl delegates, and pay their
expenses lo a future couventioiL by the con-
stituents of the Committee of Ways and
Means : one jiarly was to meet at the Lucken*
booths, auolrjcr at the Bow, others were
to be statiojicd to scire the judges and ma
18Ij fir High Treason.
gistntes of the city, mnd the hanks;
and then couriers were to he sent into
the couDtrjTy putting the farmers in a state
of requisitioD, and the gentry in a state
of confinement, under the penalty of death
for their disoh^ltence ; and, last of all, his
myesty himself was to be made to submit to
the inll of these conspirators. When this
phn is read, what says Downie of it ? Is he
alarmed at it ? Is there any evidence of his |
ft^t upon the occasion ; or, is there any ;
thmg of his drawn up to satisfy the world, |
be had abandoned all tnese committees ? But i
I am ready to take it, that at that meeting
be neither assented or dissented. It cannot
be denied the evidence eoes this length at
lent: but did Downie do no more? Mr.
Downie met Mr. Orrock at that Committee
of Ways and Means ; and Mr. Downie at
tbat Committee of Ways and Means, with
Mr. Watt, gave orders for the instruments
that were to accomplish this plan, and which
DOW lie upon your table. Does a man, when
be has dissented from a plan, join with ano-
tbcr in ordering the instruments to accom-
plish Hy and carry it into execution } Orrock
tells you, Downie was present when he had
tbe first conversation with Watt, when he
aud he would make a pike : What did Or-
rock do when he made it? He brought it
back: To what place? to George lioss's,
where the Committee of Ways and Means
Bttt Did he deliver it to Watt alone, by
cdliaf^ him out from the meeting, or deliver
it to hun publicly in the Committee of Union ;
10, he called out Mr. Watt and Mr. Downie ;
the Sub-committee met in the same house
vith tbe Committee of Union; Watt and
Downie were members of both committees ;
and they were called out by Onock as Sub-
committee-men, acting together, to talk about
these pikes. Did Downie say to him, you have
been talking of a plan that is to destroy the
^vcmment of this country ? You have been
talking of a plan, that mav deluce the streets
of Edinburgh with blood ; ana now you are
providing instruments and weapons for the
purpose of carrying it into execution, I will
have no more connexion with you: These
axe not the purposes for which we have asso-
cialcd : these are not the objects of our com-
mittees? No. He joins with Watt in telling
Orrock to make a numl)er of pikes, and then
bring them back. To whom was Orrock to
bring them ? To the Committee of Ways
and Means, consisting of Mr. Downie, and
Mr. Stoke, and I believe at that time, if I re-
collect, M'Ewaii. When Mr. Downie hrard
Mr. Watt was apprehended ; when he heard
thjit M*£wan haa been examined, lie goes to
Mr. M'Ewan, and asks him what questions
bad been put to him, and tells hnn— Mr.
M*£wan, it yon arc examined again, and you
are asked whether you know me, say no:
aid if I am asked wkiethcr I know you, I will
*ay, no. Mr. M'Ewan* much to his honour,
Ri'uKd to have any tiling to do with such a
A. D. nQ*.
ri8i?
scheme. But, Is Downic*s the conduct of an
innocent man ? No. It is the conduct of a
man who had assented to the plan from the
beginning. And here I must remark, that it
was from this conversation that M*Kwan for
the first time learned that Downie had paid
mone}[ to Martin Todd and Brown for pikes.
Who is Brown? He is concerned in the
same business, in which Downie and Watt
employed Orrock. Brown is employe<l to
make pikes— Who pays Brown? Downie.
Out of what fund ? Out of the fund of the
Committee of Ways and Means. Who or-
dered the pikes from Orrock ? The Commit-
tee of Ways and Means. Now, I am told, I
have not proved that Downie knew that this
money was paid for pikes. I leave you to
judge of that. Orrock was employed to make
pikes by order of the Comniittce of Ways and
Means. Brown was employed by Watt for
the same purpose ; he pays him by an onlcr
upon Downie, the treasurer of the committee,
the general treasurer of the Friends of the
People. Downie pays him out of these funds
— ^Is it credible that he did not know the
Eurpose for which the money was paid ? Did
e, who employed Orrock, not know the oc-
cupation of Brown ? But if this be not suffi-
cient evidence of the complete assent of
Downie, attend to the evidence given by
Fairley. Whom was Fairley employed by ?
Originallv by Mr. Watt ? No. By the Com-
mittee of Ways and Means. Whose message
was he to carry P A message from the Com-
mittee of Ways and Means. Whose instruc-
tions had he to carry ? The instructions of
the Committee of Ways and Means. Who
did he give back the instructions to? He
was to give them back to a clerk of the Com-
mittee of Ways and Means. Still I am told,
that Mr. Downie knew nothing of the mis-
sion of Fairley. It is said, he might mean
only to send those letters and papers, and
might not mean anything about the plan.
It was the instructions alone, which told
Fairley where he was to go, and where he
i was to deliver those letters. He was to de-
I liver the letters at Falkirk, Stirling, Burrows-
I tounness,St. Ninians, Kilsyth, Kirkintulloch,
! Campsie, Glasgow, and Paisley. You wiil
! determine if these instructions did not come
! from the Committee of Wa.ys and Means;
. for it is admitted Downie knew of tlie distri-
. bution of the »)apers, and knew where they
were to be conveyed ; and did he then n<tt
'■ know of the instructions by which Fairley
was told the route he was to tnke ? Read
' the circular letter, and say whether there is
! not a pretty close connexion between that
' letter, and the plan and projects already
1 mentioned ? Whore did Fairley go when he
I came back ? To the Committee ot Ways and
Means. Who jmid the cxi»cnsrs of his jour-
ney? Downie. Troin whom did he get the
money to enable him u> i^o ? From Downie.
Now, if Mr. Dowmc knew nothing of those
iustructions, did it never occur to him to ask
183]
U GEOIIGE III.
why (lid you go to Glasgow, o#to this or thdt
place ? Was Downie surprised at the circuit
ne had made, or did he inquire for what pur-
pose, or with what view it was undertaKen.
No, 00 tlie contrary, he readily ^id him for
his trouble in undertaking the journey, and
seemed satisfied with the manner in which it
was performed. You will judse from that,
whether Mr. Downie knew of the other trans-
actions of the Committee of Ways and
Means. Gentlemen, you recollect, too, that
when Watt and Downie gave instructions to
Orrock to make the pikes, Watt and Downie
desired him to keep in his eye the drawing
they made ; and when he brought the pike
he had made, he was sent out of the room
while Watt and Downie had a consultation
together. After that consultation, he was
cuTled from the Committee of Union, into
which he was goine, and received from them
two jointly, the oraer for the pikes, which he
executed, and which now lie before you.
There is another circumstance, a strong
circumstance it is too : a pike has been seen in
the house of Mr. Downie : when it was seen,
it was endeavoured to he concealed ; it was
called by Mr. and Mrs. Downie a dividing-
knife. Whetl\er the ini^trunient that is
now produced be like a dividing- knife or not,
you will judge. That conversation between
Mr. and Mrs. Downie, affects Downie with a
knowledge of these pikes being in the house.
The circumsuncc ol its being called a divid-
ing-knife, and concealing both itK being there,
and what it really was, is one to which you
will no doubt give its due weight. Certain
it is, that it was not foimd in his house when
search was made several days after the ap-
prehension of Watt. Vou recollect the pike
was seen in his house prior to the apprehen-
.sionof Watt, and posterior to theapprenen.sion
of Watt was not found there ; and it was after
that apprehension, too, that he went and had
that conversation with M'Ewan, which I have
mentioned: you will judge whether, from all
these circumstances, there is not complete
evidence of Downie be'inf'^ part iceps crimims;
of his having assented to that plan of treason,
in all its circumstances; the conversation
withM*Ewan; the tinding the pike in the
house; conversing with Hrown ; sending
Fairley, and paying him after he rame back
from his journey ; the pikes being actually
made by Orrock, as ordered by him ; and his
not dissenting from the plan when read, and
his full knowledge of all the views, plans,
and objects both of this convention and the
prcccdinu convention, with all those rircum-
stances in your minds, tell me whether the
result is not complete conviction ?
Now I come to the Fencible paper. Upon
that I shall make no comment. 1 desire you
to read it ; and, after you have read it, judge
whether it does not insinuate to the soldiers,
that their wives will be ravished ; their chil-
dren and fathers butchered by troops of
fi^reign mercenarioB. Gentlemen^ does tbe
TrM of David Dannie [IBi;
Eaper mean that these horrible deeds were to
e perpetrated by foreign invaders? Tliey
were to be perpetrated by those who come to
be received here in kindness and hospitality.
Who are these that are to be received with
kindness and hospiulity? That paper saysy
these outrages were to be the return for kind-
ness and hospitality. To whom was kindness
to be shown ? To the troops brought here by
his majesty to defend the country, and not to*
those that come to invade it. The allusion to
the massacre of Glencoe, while it brings
melancholy and disgraceful scenes to our re-
membrance, clearly points out what the troops
are, which the paper insinuates were to be
brought here to do those deeds of horror.
What is the fair construction of this paper,
but an endeavour to insinuate to the soldiers
of this country, that if they were to defend
another part of this nation Irom an invasion,
the very government they went to defend,
would ravage their country, destroy their fami-
lies, and massacre every person they held dear.
A dotibt has been suggested, whether the dis-
l>ersion and publication of the paper can be
evidence under this indictment? I take it
there is no room for such doubt.
Gentlemen, we have charged the prisoner
with a conspiracy to resist the government of
the kingdom. We have charged him with a
conspiracy to compel the king to yield to
certain demands. I am entitled to give every
act of his in evidence, which will prove that
conspiracy, or which can explain the objects
he had in view. Above all, I am entitled to
give in evidence the means he used to make
that conspiracy effectual, and the mode he
took to compel the king to >ield to his
demands, the engines he employed to support
his convention, and render vain all resistance
to its decrees. One of these means were,
those instruments Iving upon the table? ano-
ther was, inciting tiie soldiers to mutiny and
rebellion, and depriving the crown of those
legal means of resistance, with which the
conslitiUion has most Mi^ely entrusted it. I
am not obliged to lay all the evidence as overt
acts; out ot kindness to the prisoner, and in
order th.it he mi»ht have as lull a knowledge
as possible of tne case we meant to make
against him, as this mode of trial is somewhat
nmv in this country, we have been unnecessa-
rily minute and particular in our indictment.
Many, very many of what we have laid as
distinct overt acts, might have l>cen given in
evidence under a more general charge. It
cannot be doubted that the plan iuv securing
the Castle, and every thing relative to the
ordering or ])repariiig of pikes, might have
been given in evidence under a charge of a
conspiracy to levy war, or to depose the king;
and of that conspiracy there would have been
evidence ; they may alsu be stated as overt
acts in themselves ; because they are means
used to effectuate the |nirpose of the mind,
and that a purpose which cannot be carried
into ezecviion, without endigigering the life
183]
far High Treason*
A. D. 17M.
[186
of hb mfttesty, and bringing his person into
danger and peril ; a more direct evidence of a
coDiipiffacy to levy war again&t the king can-
not M, than the circumstance of debauching
the araayy and endeavouring to arm the sub-
jcclB against the sovereign. It is to deprive
ilie king of the assistance of his subjects, and,
in the words of lord chief justice Treby,
which 1 have already read to' you, he that
intends to deprive the king of the assistance
of his subjects, cannot intend less than his
ruin and destruction.
Now, take all these facts together. Take
the intentions they had in view; the means
they took to carry their intention into execu-
tion : take the plan of calling a convention ;
take the plan of seizing the Castle; consider
what were to be the nature and power of that
convention when called ; the means used to
dd)auch the army ; the actual facts of making
and providing arms; and then judge, geutlc-
men, whether, ifthis scheme had been carried
into execution, his majesty's life would not
have been in danger } Had this scheme been
carried into execution, there would have been
DO covemmcnt in this country. The Kin^,
Lords, and Commons were superseded in their
aathoiity ; force was to take place of law, and
the wiJl of the multitude to stand in lieu of
the constitution. It is with great satisfaction
1 say, that all those designs have proved
abortive. I know that there is a spirit of
loyalty in these soldiers who have been at-
tempted to be debauched, as well as in almost
all the inhabitants of this country, which I
trust will long render all such attempts abor-
tive, by whomsoever they may be made, or by
wbomsoever they may be conducted But,
let it not be said, that because such scheme
Bay be abortive, if attempted to be carried
into eieaition, that those concerned are not
to be puni«hed for the crimes. It is no light
thing, gentlemen, to attempt to set aside the
xoyernn'ient of the country. The slightest
evils which can arise, and the least dangerous
consequences that must ensue from attempts
to supersede the laws and constitution of the
country, and to render every thing subservient
to the will of the multitude is, the letting
loose the turbulent passions of mankind, and
the removing for a time the wholesome rc-
Mraints of law and order ; and it is no light
thin^ to remove the restraints of law from the
multitude. The restraints of law arc as much
a part of your liberties, as any other part of
the const it! It ion. It is the reslramtoflaw that
confines the unruly ; it is the restraint of hiw
that cuntroh the violent; it is the restraint
of law that prevents the turbulent passions of
niaiikind from overwhelming this country and
every other '■oiintry in blood. Remove tht*
restraints of hiw, and no one can icll the
mi^liief he introduces. Its eflfcct upon tlio
BMilittiidc, which, in all ages, and in all
cormtrieA, is nearly the same, is well described
hy the eliegant Roman historian Livjr,who, in
n«irbUng some of the sudden rcvolotums which
took place in some of the states of^icily, in
which the minds of the lower orders of men
were much aritated, philosophically and ele-
gantly remarKs, '< ilxc natura multitudinis
est: aut servit humilit^r, aut supcrbc domina-
tur : Libertatem quae media est, nee spernere
modic^, nee habere sciunt* et non ferm^
desunt iranim indulgentes mmistri, qui avidos
atquc intempcrantes plcbeiorum animos ad
sangiiinem et cedes irritent: Sicut tum ex-
templo prac tores rogationem promulgarent, ac-
ccptaque pene priusquam promulgata est, ut
omnis regia slirps interficeretur." May God,
in his good providence, avert such evils from
this happy land ! But let us not be inattentive
to the page of history, or to the experience of
the present hour, and leave unpunished these
dangerous attempts, because the spirit of the
nation may ultimately render them abortive.
Such an attempt, dchberately resolved upon,
and, as we imagine, clearly proved, we have
laid before you. It is your duty, calmly to
weigh the whole of the evidence, coolly to
consider the matter, and lay vour hand]» to
your hearts, and say, ii^hether this prisoner be
guilty or not, of the treason laid to his charge,
as the crime is great, and the consequences of
the attempt dreadful. Yeu are anxiously to
guard agamst every impression which horror
for the crime, or dread of its consequences,
may have upon your minds. If the crime is
great, the punishment is also the greatest the
law knows, or which a subject of Uiis country
can suffer: and satisfactory ought to be the
evidence which calls upon you to pronounce a
verdict of guilty. Such we think we have
laid before you; but if you can acquit him
upon the evidence, I shall rdoice. I have
done rny duly, and my learnen friends their
duty, in laymg the case before you. It is
your huhiness to judge of it, and judge of it I
am sure you wil^ in a manner, that, whether
you acquit or condemn the prisoner, from tlie
cluractcr you bear in the world, and from
your conduct and attention this day, your
decision will reflect honor on yourselves, and
credit on your country.
SumfiiiG UK
The Lord Presideni ;— Gentlemen ?— Tlic
circumstances which have been exhibited to
view upon the present occasion, are some of
then) of a nature so extraordinary, that I be-
lieve, at any after time, the existence of tiiem
will not easily be credited.
Tlicre have been periods in the history of
this country, (I mean Ijcotland), when the
lower classes of people had reason to com-
plain of their condition; wlien ignorance,
idleness, and superstition reigned, and poverty
was the consequence ; when the power of the
ni»hU:s, and chiefs of clans, was too great for
the kin^ and the body of the people. In
those times, commerce and manufactures
were unknown amongst us, and agriculture
was nearly in the same state ; the chief em^
pk)ymcnt of all ranks of men in the country^
IS7J
34 GEORGE fIL
Trial cfDinid Dovcnie
ri88
hrin^ ovti w;ir, Umiiy fnuU, riot, and depre^
rhtKm. Rut how wirlcW diflferent haw the «Ule
of thi< country fiffri for ft conittflcrable lime
hwk ' And, pnrrirtiUrlyy v^hat is it at the pre-
Afint niornrrit ^ f will ircntiirc ti> »ay, there is
no rmiritry rxisting, which is at present more
fl#iiiri«hmfi(; no peoole whose general con-
diti/»n i^ hrtter, or wh'ise rights and hberties
HTf nuiTf. firmly s^-curwl.
f rr nrlcmen, the evil d'>es not lie there, but
in H dillcrrnt qii.irler altr^ffether. f am afraid
it is loo wfil known. ItTies in the insidious
nttrrnpU ii( driii^ning and desperate men, to
brinji; ihisrounlry into the misrralilc situation
of l'r»i»(:r. It IS not a fltnig^lc for liberty, in
a proper sensr. It is not a strii)];gle for hap-
piness. It i« not a strngf(le vvtiu for reform,
tlioiiKh tliat word has brea inurh used. Ke-
jorni is no doidit the prricnre; but it is too
obvious that Ibr rejil olijf'cl is power. It is
to throw thf powrr ol thrRUite iulo the hands
of jMipulnr Irndrrs, who thrnisrlvf:s would be
bMl, tiH thry ;irn in itnothcr rounlry, by the
nmltitudr.
(trnllrnirn, it is nrnHesn to enlarge ii|)on
tlii>; tri|ii( . I will only br{( Iruve to read a
pRssti^r wliirh strut k inr ii goiKl deal in an
ndniiinhlr spfrrh lately ilrlivrrnl in the par-
rMiucnl of lirlnnd, wdrrr this matter is put
in a I Inir point <»f view. •• The rash career,
lUiil lutal ruii<(ri|uriuTS of a rcfoiniing spirit,
ha VI' latrly brrii hrou)cht before our view by
fticln H) si liking luid impressive, that what
was formerly ronjerluir, is now eonviilion;
and ifwr will not liillowtlie example of others,
we n»ay possibly add to future misfortunes,
till' agftravsition of <«elf n'nr«»,icli. The pro-
pn «is iH natural, and is applieable as a warn-
ing; to rvrry eouulry in Ivurope ; for there is so
murli ui\ifornul\ in the uahire and prweed-
in^^ol nianjhal in their eombinalioiiNul must
ah\:»>'' ^inular r-uivs produre similar elVctls,
sinulai « onihtions similar eonst'ipicmes, and
thrrefoiv I do not he<^itate to say, with every
degviM' o1 rr*pei't and alVeftion for the people
.let in j: xvUlnii theii p»oj»er spheiv. with every
degree of lonvjclion. that their h;»ppiiie?s is
the * hirl euil and iA\\fy\ ofevrry giHHi i;overn-
menl ; \ lio not hesitate to say. that there
nevTv ha* brrn an m^'tanre in ar.v a^e or
eomUn. ni \xhiih ^v.IiIumI povrr ^la* l>cen
av«u«iri^ t^\ the loMTi oviler* v^f thr i>r*","»le.
bx thi^*r w|;o^r ri^i.*at;rn i« rj;ni^ran»'e. \vho»^
^ondjiion IS nnrevl;«nit> . who>«* patnmonv i*
hooe, aud wh^^*.r empnr mn*t br commotu''n.
vhitl^ lia« nol ^MV\o*1 suli\r;M\c of iiUtIv.
I'.rs'.v"., nx r iM iV.r penrvai h a }Y' '•"»<" "'J^. ■'^•"»^^ I'^T-
tienijtii'* rnt,-.itoiV^te to 1hl^^r t*ho Ctrc \hc
ar,th,Mv 0*11 "
^X c rr ft r X f.^ r. ! . r r ; 1 1 . ^ »>•..■.•.■. .■ "i"s n ( w <s.-, ■. x , 1
psv».a.cf. u'v. '•. \ •p.'.C.:.-, I i,-. have \c:\*\ i.\ a
s-n\ a»i Mit UxA »r,v.-. rrjv.Mvs Tlir ftii
thoi o:"^ hal K^.^K. sm,^njE .'-ihrr t I'.ino. *V'Wpare5
% Mstf t<-^ ? *.l.ip. sind If iN a ^^^:x", »*»r pciLap*
a table (Knt ii i» tt<> mnuei whlrh^, ot* the
rnmofaahipKaxingtalcttiill A their heftds
to say, what right has «iich a man to be a
master ? What right has such aaother to sit
at the helm and be pilot ? Have we not all
aa much skill, axMl are we not all eoual by
nature? Upon this thev immediately pro-
ceeded to areas themsefves in the officers
clothes; to get drunk with their liquors ; and
having taken the command of the ship,
the consequence was, they steered her upon
rocks and hhoals, and the whole crew, officers
and men, peri&hed in one indiscriminate
wreck.
Gentlemen, before you proceed to consider
tlic proof, it is necessary that you should un*
derstand with accuracy what the law of trea-
son is upon which you are to judge, I mean
tliat branch of it which is connect^ with the
present business.
[Here his lordship gave the same precise state
of the law of treason that he had done in
the case of Watt, to which, therefore, it
will be sufficient to refer.]
Gentlemen, it does not seem necessary to
trouble you faithcr upon the argument in law,
which appears to me to be sufficiently clear,
and the same is the opinion of my brother
judges. 1 shall only put this farther case to
you by way of illustration. Let me suppose
that the rebellion in 1745 had not gone the
length of an actual rising in arms, and taking
the field ; that it had been stopt and prevent-
ed in the very outset ? but that nevertheless
the persons concerned had settled their plans
of operation ; that arms had been commis-
bioncd from France, some actually provided,
and other such preliminary measures taken.
In such circumstances, it could not have been
s;iid that (here was any actual levying of war,
and, therefore, a charge of high treason against
any of the parlies concerned, could not have
been laid upon that branch of the statute ;
but can there he any doubt that it would have
been a punl charge upon the other branch,
the circumstances afore s^aid being alleged as
overt acts of compassing the king's deatn ?
(icntlemen, submitting these observations
to you in point of law. f shall endeavour to
be short in st.<tin^ what I have to say upon
the evidence, wnich ought, in a great mea-
sure, to be left to v our "own consule ration, as
you are to be the judges of it, and not the
Court.
The indictment is branched ou; into a va-
rictx of ;ir; ides, but they resolve ^abstantiaUy
j into A \CT\ tfw.
I ist. That the prisc-ncr. a: org with others,
'■ ro-.'isiiUe*'. .\r.i conspired to yr..K-urc a meeting
I ii- V»f hiiii ;:ni^fr iltC r.Airje c-f a ccuvention,
t^-r the p;i:j«».s^ . ;' ii>;:ri-.ac the powers of go-
viTnmrrit ^hz .t:iis!.ii;.'n. Tcv.;css;ng alleged
v::ifvan*xs.i.r-»; ;-::r»^i;-|: jxtv-i:: rtriaiachan^K.
•;ndl}, Triat -..hf/ diu afiu-ux meet, cao-
. suit, and a^Tw, ibout Ci^r. pc-ling the king by
force of arms to alter ir*c measures cigortTo^
' mmv, to intnoducr nem lair», and to conqAy
mith ccrtiia <krmindt>
fm High Treason.
3n1I asulted and conspired
out fe< ^ Jeof Edifi burgh J al lack-
and surprising the ktng*s forces, aod lak-
' possession of certain public offices, and
(IS 10 authority.
it they instigated and excited a
MS to assist in their measures,
Lirley to go about as an emis-
^fv '.., 13 of the' country, to coIJect
m Qs; and that, in prosecution
^r • s, they caused pikes,
iji like instnmients, to be
C^: tiiero farcibly to resist the
• rninent.
V* .s- .v.^^.^ iw the 1st, vi^. the project of a
coorentkn, I am umvillin^ to go back lo the
proccedmg^ '^'ftlit' « onvcntiou, actually held
la Edmbtjr^ i he British Convention,
K^hicb *»^aa <i u December, 17 93 ; be-
csia^ it *cci been the understand*
ofhbtii ivocalc, wlieii the pri-
waa adduced ah a witness in some of the
fQf sedition, ^^hich ensued upon that
^ that he himself should not be tried
t}img then done. But, it is by no
foreign to the purpose, that the na-
the^ proceedings should be ua-
m order, that it may appear,
iCT llie prisoner, notwithstanding his
released from all accusation as to what
i« in that convention, did immediately
rda proceed in adopting similar niea-
sotl, in conjunction wuh others, his
ibrming the plan of a new general
eoiifvaillofi for the like purposes, although
Ibey acquiesced in the legality of what the
•iirfHraitd the magistrate*^ of Edinburgh had
m dispersing the former, as they took
ep lo counteract it by application to a
tii Uw. Instead of openly coni plaining
itionof tho^e magistrates, which
L :'y might have done, had their own
|rccecaii)rB been legal^ we lind them mecling
agaia liia eiandestine manner,and instituting
Committees of Union, and of Ways and
in the view of sending delegates to a
Inieiuled convention to be held m some
even spoke out by themselves. It
Uiat they appointed Fairley as an
couafafy . for tlie purpose of collecting money
la be Mged in the hand>j of this prisoner,
«lu» art* their treasurer, and a zealous mem-
har »f hpfttii the comn^itrre* already mention*
A. 0. l?<>k
[ir>o
^f
III lit-'
10 til
ucfalliavv..
Umat uUf cbarg' i i
Ciedb? the tomut
ce» wludi w€fO r<
h| alcadjf preMnt«:«J
of these contrihu-
I i-nse of sendinaMJe-
l ucwconvention. This
-are lo, both by MCub-
and other heads under
K' libf rtv of classing the
.11 1 Mils prisoner; it is
.; : . ' i : I II- r UTittfii evi-
lly V-
iLient
it was b\ no menus the in-
of theae aocieties to proceed anj
In tMl wajr; tut it was their deiermi*
ned plan, by means of a genera! convention
and by other violent methods, to carry Ihtil
measures into execution; and vou wiitcon^iJ
dcr, whether there are not su&cient cirruiu
stances to show, that the prisoner, as an
tive member, and treasurer of the Secrt^t Con
mitlecs at Edinburgh, \\*as a principal part;
to all those wicked designs, by which th
king*s government was to be ovcrturnedl
One material circumstance is, the plan or pro
ject which is said lo have been furmea b^
Wall, and communicated by hira lu this pr
soner, and other members of the Cotnmitlei
of Ways and Means, of seizing upon the Caft
lie of Edinburgh, and the judges, ^c. With
regard lo this, it appears, upon the evidenc
of no less than three different witnesses, thai
a paper, containing such a plan, was read aV
a meeting of that committee, where the pri«
soncr was present ; it was read by Watt, and
dissented lo by tw^o of those present, M'E wan
and Bon throne, but not by the prisoner. You
are to consider what weight is to l>e laid upon
the circumstances of the prisoner's silence,
and neither approving of the measure propos-
ed, nor disapproving of it, by words or sig;nc
of any kind. You will no doubt also keep ill
view, that there is no direct evidence ot his*^
having had any previous knowledge of this
paper ; and M^Ewansays, ** He does not know
that the subject of this paper was cither spoka'
of again at that mecling, or ut any subsi>-*
queni meeting ; that the plan seemed to he
entirely W^alt s, who altered lomethin^ in it/'
Bonthrone also sayn, he did not consider the
proposal as made to the Committee, but en-
tirely as a *'phren/y" of Wall's. At the
same time, it is proved, thai the prisoner did
not signify either surprise or dissent, though
M*Ewan and Bonthrone did so, and uflcr-
wards absented themselves, as they told you,
from those meetings ; — the prisoner did not
act in that munncr, but continued an active
member of the committees, along with Wall*
Gentlemen, there is another circuinstant^c
which connects, in some degree, with tlial
which has been just spoken to, and has a
very strong and slrikmg appearance ;"the
purpose of seizing upon the (asile of Edin-
burgh, surround iiig ihc soldiers, and taking
prisoners ilie diflerent persons in hi^h public
characters in ihiacily ; and seizing the public
Bank, and Excise omce, could not possibly be
carried into execution, without pulling arms
into the hands of those who were lo be em-
ployed ; so that arms were i lobe
provided; and it is clearly i it the
prisoner waa tujually conct'ni«<i \mui >V all, in
apply mg to Urruck ihe hinilh, and oibt'r9,
and givmg dirctnons aboul making the wea-
pons now lying on the table. Orrock's evi-
dence was very strong upon this head, and
one of the instrumcnU wm actually found in
his (Dowoie's) possession, bv Margaret
Whitccross, the servant maidL How it came
into his liands, does not appear. Of thiM, you^
must form your own conjectures. He
wmmL
191J
3i GEORGE III.
Trial of David Dotonie
[199
been late out the night preceding, and it was
found early the next morning by the maid-SGr*
vant in his dining roum ; and almost itnme-
diatcly after, it was taken away and kept out
of view. Suiuetliing was afterwards said by
Mrs. Downie, in the presence of the servant-
nuiid, i^Miut finding this instrument in the
dining-room. iSho said to the prisoner, what
have you done with the large dtvidint^-knit'e
or carving-knife, which Charles found h) the
dining room ? or something to that purpose ;
upon which the prisoner said, he had locked
it up. 'ihis circumstance appears unfavoiir-
:ible to the prisoner ; althotigh it is a possfiblc
case, that the instrument may have been left
in the room, not by the prisoner, but without
his knowledge by his son, who appears, from
the servant-maid's evidence, to have risen
out of bis bed at an early hour in the morn-
ing, and taken it away, when he heard her in
the room.
Another circumstance^ which seems pretty
clearly brought home to this prisoner is, his
accession to the inHanimatory address intend-
ed for the fencibic soldiers, and to the use
made of it at Dalkeith, as sworn to by several
witnesses. The efloct of this I submit en>
tirely to yourselves, being doubtful whether
Qoy weight ought to be given to it, as not be*
iug specifically stated ni the indictment ;
tliougn tlicre arc genenil wunls in some of
the articles, under v/hich tho counsel for his
majesty endeavoured to bhow, that any at-
tempt to excite rebellion or insurrection in
the country mi^ht be introduced.
Witli these observations, I shall leave the
case in your hands. If, upon due considera-
tion of tne whole, you shall be of opinion, that
the prisoner, and those with whom he asso-
ciated, had no bad design against the king or
^vernment of this country; that they are
unjustly accused of something they liad no
idea of themselves ; in short, that the pri-
soner is an innocent man : or, if nou think it a
doubtful case, your leaning oii<;ht to be for
innocence. But if, on the other hand, from
:iil the circumstances that have been brouj;ht
in evidence before you (which I have stated
a^ well as I could do at this late hour), you are
satisfied tltat there is sufficient evidence to
briog home to the pri!>oner any of the overt
acts which arc necessary in point of law to
constitute the crime of hiu;h treason ; 1 need
scarcely obscrx'e to geutleiuen of your >itua-
tion and character,^ Uiat you arc bound, by
tlie solemn oath wliich you have taken^ and
by the duty which you owe to yourselves and
the country, to pronounce a verdict against
the prisoner, wliatcver the consciiueuic ni;iy
be. It is not your province to slww cv)ni|nis-
sion or nu^rcy. If any such idea canariacat
uU, it must come from a different quarter. It
is your duty to find the truth, and nuthiuj: but
the truth, ami this I have no doubt will be
understood by you.
The jury retired for about half an luMir;
when they retumcd, they were called over by
the clerk of Arraigns, and each answered to
bis name.
CUrk of Arraigns, — Gentlemen of the Jurr
are you agreed in your verdict. Who stiail
say for you ?
Jury. — Our foreman.
Clerk of Arraif^nn, — David Downie, hold
up your hand [which he diJj. — Gentlemen of
the jury, look upon the prisoner. How say
ye? Is the prisoner jjuilly of this high trea-
son, whereof he stands indicted ; guilty or not
Guilty.
Foreman of the Jury, — ^David Downie is
Guilty.
Clerk of Arraigns. — Gentlemen, what
goods or chattels, lauds or tenements, had he
at the time the high treason was committed,
or at any time since, to your knowledge ?
Juri/. — None to our knowledge.
Clerk if Arraigns. — Then hearken to your
verdict, as the Court hath recorded it. You
say, that David Downie is guilty of high trea-
son, whereof he stands indicted ; but that lie
had no goods or chattels, lands nor tenements,
at the time of the high treason committed|
or at any time since to your knowledge.
Jury. — I'pon account of certain circum-
stances, we desire lo recommend the prisoner
to mere v.
It heinp; past four oVlock in the mominv^
on Saturday, Si'plruibcr the Gth, the Court aa-
journed to twelve o'clock on the same day.
Saturday September Gth.
The Court met this day at twelve o'clock,
an;reeable to adjournment. Tho following
iiidgcs were present; lord president, lord chief
baron, lord Eskgrove, baron Norton, lord
Dunsinnan.
The prisoners Rolicrt Watt and David
Downie being brought to the bar,
Mr. JlaiiiiUim * counsel for Ilobert Watt said :
My Lord President ;— In the situation in
whicli i am placed in this case, I feel my-
self called upon to let no point or circuni.
stance whatever escape, which I conceive can
be of any aid or benefit to the prisoner, and to
the defence of his life with whirti I have been
entrusted ; — I therefore, my loni, feel it to be
my duly, now to state in arre>t of judgment
upon ti:c j^risoner at ifie bar, 1st, that there is
an absohitc nullity in the commission
itsoif, under the authority of which this Court
has acti^i ; and. 2nd, tlut there is a manifest
in formality and defective btylc in the iiidict-
UKMit, which uui>t nL-cessaVily prevent any
jutlijMieut heiiii; logjlly prouotuued upon il.
I pon the first ut these plea>, I must call
tho aiieniion of the t'uurt. to the act uf parlia-
■ ' ' —~~ ■ ■ ' " I" ■ ' ■'"
* Thi* was, in the original oviition of Dow-
Die's trial, reported wry incorrectly: Mr.
iiamilton has tiimished me with an accurate
account of his speech, of which I have hero
availed myself.
Jiif High Treoiou.
Itii fd Anne, c, ^l, ** For improving
tb« ilM^tt of the iwo kin^OottiV by which it
it m^ms$g4f ** th^i b«c maiesly may i^^im out
I of Oyer %QQ Terminer in Scot-
, 10 Micti iKCsons a% 1
MilBliiwkin nf Oy«| and Termin^r^ whereof
ftt l# 1m of thi» quorum/' Aod it is also
|PiKd» ^'lliat Habere any such commi&siou
vfOjrfraiid Tormuiflf, aball i^sue, pursuautto
(li^i^i iM4(Jti Ui fui eicculed within any dis-
Uid where there is n ju.nicp trrneral, or per-
«D liAynog ' iiohadjuris-
MiM ID t<^ .at the time
iflpikJPig Um& <a£t, ir^in auU afler the time
liiiilich fight N oiadc appear hefore the
Uu less I' I.' ' ■ ■
lord prcsJiJ' . .
Mr. baron IN urU'U, luu: lit r^ji^
[191 1
rlilute u courU
so might the lord meVidcni, with the lord
chief baron and lord Alva ; and in like maa« |
ner, willi lord Alva, and Mr. biiron Norton*
vet n«''
the t.
then* :
^:!gh all in '
Ky, It 19
Hstraled
'•■^Ai henq
, that no ^
1, havci ia
n is not j
V.CII place
WtflTi
m
OfOfCr
or «uch '
Ofi
appear
crtificdlolhclord
; au( h justice ge-
- ii^ht ol [xiblU
IfyWUieir shall be in
!l; one ol the quo*
statute, imf^ue;*-
iim a» a sine qun
II Ice^l court tan
tion is apph'
iiy ; three of
limc^, ULcording to the sta-
\fK itt if»^nib^is nf the courtfor
liic t4 1 But what
iHo roy * present in-
Mitb</n;« r .MHi VI. ur lurd^hips will
4nVTlfil§ly mMk, wbclh< r that commission
hii tneii VRirii in thi^ lernis auLhurizcd by
9>(fk!m 7th of queen Anne.; and if
,..v,.,t,.... 1 1. It it is no legal com-
lich has pasicd
It \^ arcoriTnii'Iv
t .
ky ttod »«kn
aiont it con
I sImH danuu.itr.i l m.4u-
Fur bc: ^ of iiH-
ly» tli« luiti jii:itice Llcrk, lord
jiji4 lord Kskgrovc, to whom
M added;
' and rc-
tnt: Ljuuumii the
>f ^ssion is alt»o,
' •" ^'*' r MO of the
tsticiary
. ink, the
lie;
as one
in fjom
mS't an-
i^nd all
• it.
ive
•I'tbeq.mr
VOL XXIV*
lii'vil/cil hy tin: - : '; 1
answer to Ihi'
such courts as i
fact, been forrutd; a^ L
Jacti^ but jurn^-WfA to v^ i
but to whai ive taktu pUc€ according
to the ten c commission. But it is
j^ufhcient to make out, that this commission
has overleaped the enaUmeut of queen Anne,
by force of which alone^ it could exist at all ;
«nd it is on thai account unauthorized and
illej5al,and • ^ ..i - -. -- which Live followed
under it, r , or receive effert.
Your Ili , r .adily consider, that
the strictest interpretation is always moi-t
justly given to statutes which contain any
enactments relative to criminal justice ; this
rule is fixed in fuvorem vUue^ and admits of
no exception or deviation; and upon that prior
ciple^ the same strictness of mterpretatioa
must be given to the statute of queen Anne^
which introduced and estuLUshed the court
before whom an ofTence of this high criminal
nature can be brougltt to trial. It i^ not
indeed necessary to ar^ue for a Iia)ited and
narrow construction ; Jur there cannot, I sub-
mit, be a doubty that a commisBion has beea
iasuedi not in term* of the statute, hut whicli
< ifHii>i in iIlc sinallest pari'f iili*r l>t ih-st^nii-d
ilie conuii
I J prescribi -
ly ; and uo jud^uient m the prisbt^ol Wr
e. can be pronounced.
J iiough I do, my Jord, rely, with much ccmv
fidence, upon what I have just now stated, it
is proper, at the »ame time, to call your atten-
tion to the second ground of objection, tipon
which I contend ihat no jucL ' imst
the prisoner at the bar can be \ 1.
Y^our lordships are fully aw air, uj.il ui all
indictments or charges of a criminal nature,
certain technical wordii and phr4Ses aic unt*
formly required. This is a rule in our ow»
fjfocedure; and according to the law of Eng*
and, on which we are now pioceeding, pecu-
har nicely is, 1 find, otscrveu. 1 hiivr Inokr I
into some of the law books and i<:
and I have found that in any indicii
felony, whether for Urcc.uy or murder, tiiou^U
the preci-^c di^y is Jniated upon which tilt
malii ; " V ^^ril^
the a_ >ary
: ' ' ■ iHJ ComjiHJUUU nl t,. ■'
I indiccited and was ]
ih as to iv^^'" •"' •
cd inmii
-..,.., ^..J the fact, I... J .
O
195]
34 GEORGE UI.
Trial of David Dofunie
[196
In the caic accordingly of an iadlctrocnt for
munier, wf herein a precise day was affixed to
fbe cc^Dceived malice^ it would^ notwithstand-
ing, as I understand, be defective, unless the
place where, and the time of giving the fatal
stroke, were connected with the time of form-
ing the design to kill. The words of style
adopted to make out and announce that con-
nexion^ formerly were adtunc et iUdem ; and
since the statutes 4th Geo. ^nd,c, «6, and dth
Geo. Sod; c. lA^thtn and t^ercare theiecbni-
cal expressions in observance*
In support of these positions I must refer
your lordships to lord chief justice Haie, who
in the Pleas of the Crown, part 2, c. 25,
•* Concerning the form of Indictments," p,
178, — observes that ** In an indictment of
felony, there must be adtunc £t ibidem to the
stroke or to the robbery, and the day and place
of the assault is not sufficient, and this in fa-
vor cm vittt. And therefore it is usual to repeat
the Qdtunc ci ibidem to the several parts of
the fact, as in larceny or robbery from the
person/* and he then states various examples
— thus : " A is indicted ^uodprimo die Maii,
Anno 2ndo EliirfOpud C, habent in manH m&
dejtrd gladtuw^ S^c, percustit B., and it is not
said adtunc tt ibidem percustit, quashed, be-
cause the day and year and place, relate to
the having of the sword, not to the stroke.**
Serjeant Hawkins, book 2, c. 95, of Indict-
ment^ and in regard lo specifying lime and
placCf gives an opinion to the same import,
as to iSe necessity of the terms adtunc H ibi-
dem being repeated in the subsequent clauses
of an iudidmf nt ; and it is observed^ that
* If omitted, judgment may be arrested —
Strange 901," This rule has, so far as I can
learn ^ been uniformly followed and observed
in practice. In the indictment against Ha-
milton, governor of Carlisle, in the year 1746,
which appears to have been the precedent,
and was the rule upon which all the indict-
ments in the trials at that unhappy period
were framed, and which is given at length by
air Michael Foster in his Report, p. 5, 6, it
will be found, that after specifying the precise
place and date to the main charge of the trea-
son, the aggravating circumstances, and va.
rious overt acts, are carcixilly connected with
the icclmical words of reference then and
there^ which are accordingly cautiously re-
fieated in relation to all the acts charged.
Reads that indictment from Foster] » And
this rule was confirmed in the case of Rhen*
wick Williams, tried on 8th July, 1790, re-
jKjrlcd by Mr. Leach, case 236, where the
tmiission to connect the acts charged by the
copulatives then and there was fatal to the
indictment.
Now upon looking into the indictment in
the present ca^<», it certainly does not appfsr
ttiat the I in 1746» quoted from Fo!u
tcr, has wed. It has, on the ceo -
tnisybeii departed fii>ni, inaftniueh
I the I ; words then 4tu/ ihete,
ttrv not ff^»4 Lrr^iiiuiug to Old to be found m
it,— The rule of style in an indicttnent for
murder b equally applicable to a ca§e of
treason. The compassing and imagining the
death of the kin^, and the traitorous desiea
to do so, is the crime charged : and in order
to make the indictment complete, the overt
act or acts specified, should have been con«
nected by a (^i and f Aere, with the period
at which the evil imagination, manifested bj
such acts, was conceived. — This has not beca
done, so that the indictment is rendered, I
conceive, defective. And at all events the
precetlent in 1746, which has always been re-
garded as the fixed leg^d style of an indict-
menl for criminal charges of this descriptioo^
has been lost sight of and disregarded. And
upon these grounds, accordingly, I move your
lordships, tnat no judgment upon the pri-
soner can in the present instance be legally
pronounced.
Mr, Ji'hn Clerks counsel for Mr. Doviue^
stated, that though, in point of law, the ob-
jections urged by Mr. Hamiilon, would, if au»-
tained, be equally available to his client; yet
he did not mean to insist upon them. He
had been recommended to mercy by a most
respectable jury of his countrymen, and huin-
bly threw himself upon his majesty^s cle^^
mency.
Mr. Anstruthcr in answer to the second of
Mr. Hamilton's objections, stated that it was
undoubtedly necessary, when the lime and
place was specially condescended upon only
m the first count of the indictment, tore-
peat the words then and there at the other
counts : but that, in this case, the time and
place were especially condescended upon at
every separate count m the indictment.
In answer to the other point arsjued by Mr*
Hamilton, Mr Anstntther statcci, that the
meaain^ of the legislature, in dcclurmg^ that
tliree o? the lords of justiciary should l)c in
the commission, and one of the quorum, wa»,
that the common people of this country
might not think that they were tu be tried
entirely by strangers, but that some persons
acquainted with tne laws of their own country
should be among their judges. He contended
the act of parliament had been completely
cumpHed with in the present ca»e. The iocd
justice general, and lord justice Clerk, lo>
gcthcr with the whole judges of ju^ti* '
were in the commission; and the lord ju
general, lord justice Clerk, and two of
commissioners of iustkiury, were declared,
along with the lord president of tin- • nurt of
session, to be of the qtiorum. M Ijcpc
contended, that it wa» not the m^ liic.
statute that none but the lord ju
lord justice Clerk, and lords con
justiciary, should l#e a qtiorum, bui that
of them should be of th«? quorum, alon^
such 0?!
point
tff,
had br
that noiii
lyesty Chhomd t
(j«,al least, of the
an
n/7] J^ Higk Treason.
wbicliirayU ftutborize any objectioii upon the
A. D. 1794.
[198
The Courl unnnimotssly repelled both ob-
AUCTXHnt steps of form, prockmation ^iis
id« hy iht) cryefp aoa (silence being or-
Mr- KJmpp cie^ircd Uobert Watt to
lip tic§ hand ; upoti which he read to him
tkw n> ■ 1 lor which be was tried,
d — ^ charges you plead Not
ami c^^i vuurbelf upon God and your
^ ; that country has found you Guilly. —
you any reason to assign why the sen-
of the Idw, which is Death, ahould not
m he recited to David Downie.
remained silent.
'ill*
I Zord Pretident then addressed the pri-
» at IbUowa : —
trt Watt* David Downie;— That pari
duty which remains to be perfonned
1^ tltta €3oiirt, is a most dislressing one, but
tllielcs»t You had Uie mtsfor-
Mlo be '» that bar, under the
r^Mirge vi iir;;u trea&on; and after the
iooMiry, and most fair and impartial
P jott Cttire each of you been convicted,
r Qiouanious voice of most respectable
inaa of jour country^ as guilty of that alro-
loiis crime.
Tile cvkleDGe on which the verdicts pro-
mM_ waft such as left no room for doubt or
j; and the pubhc roust be completely
ih*t the consequence was unavoid*
I /oor designs been carried into ejiecti'
Ibo, bjr so a<^lual insurrection of those de-
hM fitefV whose leaders you appear in a
omsi me^afor^ to have lieen, although in the
j^n miat have failed, yei^ in tne mean
ft Kcne of unutterable distress^
. _ _ J and bloodshed must have ensued,
Ait Ihe Wry idea of it is horrible.
ftftrfalftiicf^ to an cstiiblished government
only be justified by the pica of absolute
todiapeniable necessity. iVnd this can
«aisl without the most unequivocal
of il : and the most general concur-
lli*- sres which become ne*
«/ this country at
n in 1688 ; but no
n J 11 If- 1 degree of truth or
I' tut such necessity occurs at
if K.t '' •iitti ihcre has been less
1 o#c> 1 it any period since this
ftmi ^s, ^-A.^.tucc. No material cir-
haa happened in the present reign,
iticki^ h:ivr pivcn occasion for any
, it is to be imputed
' '' ?i;!n!iof bad and des-
Eoe4i , that such daring
la h- made here, and
Mims^to
of the
liut li ts iu be Uo{>t^U^ liiAi the vi-
gilance of the executive govemracnl, and the
strong arm of the law, will be sufficient for
our protection ; and I also hope and trust, that
what has now befallen you^ will be such an
admonition to others, that there will be itttla
danger of such execrable plans being agaia
thought of, for a lon^ period to come.
You have yet a little time to reflect seriously
tipon your past conduct, and to prepare for
that awful change which is soon to follow.
Let me esthort you to make the best use of
your time, and to apply for assistance to
those who can assist you in such important
meditations*
It only remains to pronounce the sentence
of the law, which is in these words t^ —
SENTTKCEt
The Court doth adjudge, that you, and each
of you, be drawn upon a hurdle to the place
of execution ; that you be there hanged by
the neck, but not until you are dead; and
that being alive, you, and each of you, i>e cut
down^ and your bowels taken out, and burnt
before your face. That each of your heads
be severed from your bodies ; and your bo-
dies divided into four parts; and that your
heads and quarters be disposed of a% the king
shall think titi and so the Lord have mercy
upon your souls !
This is the sentence of the law; and I give
farther notice to you, and to each of you, that
tins sentence will be carried bto execulion,
upon Wednesday the 15th of October next,
between the hours of twelve at noon, and
four in the afternoon, in terms of a precept
to that effect, which will be delivered to the
sheriff; this notice 1 give you by order of the
Court
They received the dreadful sentence with
much firmness and composure, and were im-
mediately conducted to the CasUe*
The following account of the execution of
Robert Watt is taken from the New Aonual
licgislerfor the year 1794; —
" Edinburgh, October 10. — Yesterday,
about half' past one o'clock, the two junior
magistrates, with white rods in their hands,
white gloves, &c,, the Uev. Pdncipal B^ird^
and a number of constables, uttended by the
town officers, and the city guiird hiiing the
streets, walked in procession iroro the council
chamber to the east end of the C:i«;tle*hill,
when a message was sent to the i^hcfitf m the
Castle, that they were there waiting to re-
ceive the prisoner, Robert Wait, lie was
immediately placed in a hurdle, with his back
to the horse, and Ihe executioner, with a ,
large axe in his hiind, took his scut opposite
to him at the furihcr cud of the hurdle.
** The procession then set out from the
Castle, the sheriffs wsilking in front, with
white rods in their hands, white gloves, &c* ;
a number of country constables surrounding
the hurdle^ and the military keeping off tiie
109]
35 GEORGE III.
TritU of Tkmat Hardy
CSOO
crowd. In this in!iiin«?r they prt?c^edpd fill
they joined ihe mag^istraic^, when the mili-
tary returned to the Cai4]e, and then the
procession was conducted iti ibe follovviiig
order:— The city con^ubles; town oflicers
barc'hciided ; baiiic Lothian^ and bailie Dal-
rymnle; Uev. PrinrtpJ Buird; Mr. Sheriff
ClctK, and Mr. Sherlfi Davidson ; a number
of country constables; the hurdle paintetl
LlfickT nnd dnwn bvm ip^hite horse; a num*
her ^ ties. The citv giianl,
linr olF the crowcf.
*• V^ inn iHr V ij.tuM:;(rliCd IhO TOlboOlh doOf,
the prisoner Wiis t^iken from the hurdle, and
conflicted into the prison, where u conside-
rable time was spmit ia drvotional enerci^iea-
The prisoner ilicn came out upon the plat-
form, attci»ded Ly the magistrates, the she*
rilBi Principal Bkird| &c. Some time was
tli«fi speiit in prayer and singing psidms;
after which the prisoner mountcctlie drop-
board, and was taunched into oteriii^.
** VMicii the body was taken down^it wia
stretched upon a table, and the ejecuttaner^
with two hlows of the axe, severed off th»
head^ which was received into a basket, umI
thMi held up to the multitude« while thu
eittcuiioner called aloud ' Thi$ \$ tfm head ^'^
» Ira /ft»r» iand to perith &il tmitan,*** — New
Ann, Keg , 17«H, n. 58. That pan of ih#
sentence which relates to being quaitovd,
^c. had been previously remitted.
David DowBie, in consequence of the re-
commendation of tbejurv by whom lie waa
tried* received his Majesty^s Pardon.
604. The Trial of Tbomas Hardy for High Treason, before the
Court holden under a Special Commission of Oyer and
Terminer, at the Sessions House in the Old Bailey, on the
28lh, 29th, 30tb, and 3lst days of October, and the 1st, 3d,
4th, and 5th days of November: 35 Geobge HI. i. p*-
1794.*
On ihe tenth day of September^ 1194, a
eial cummi^^ion of Oyer and Terminer
issued under the Great Seal of Great
Britain to inquire of certain high treasons ami
misprisions of treason within the county of
]VIiddkiM^a.
On Thursday, the second of October, the
f^peciut conuni^sion was opened at the 8cssion
house in Clerkenwcll :
the rizht honourable sir James
' '* -^ f u?,ticeof hi^ : - " V>
the right '
..^.J, knt. lunl cL.i . i.^i.>ti
trt of Exchequer; the ho-
' I'ltnl Hnlli:ini knt. nnf of
Present,-
IljTe. kii^
court of I
tir A^-»'
of 1
iron:
the barons ot
quer: the her. . i
<jne of the justiccj* ol ins nmjtUy's court of
c:cinmt>n picas; the honourable sir N:uh
Grose, kni, one of the justices of hi
foint of King's4)cnch; the liom
^ ftl*' ' lice, knt one of the jii^liccs uf
I court of KmgVbt'uch; and
BCr> ui'^ m.t^ ■ ' ' \'c.
After the ♦ ! been read. \hv
tkhcrifl' dchvrriia m ihe panel or '
jury, whirh WYis culled ovrr, when i
iiig ' 1 were sworn i—
ULi a 111 3hort4iaad by JtmfkQmn^'.
THE CfeANB JUUT
BcnJ. Win til ropy esq. Samuel Hawklni^
J. U. Schneider, esq. ~
Edw, Iron Slide, esq.
M
Benj. Kenton, esq
IL IL Boddam, esq*
John Ari^, esq.
VVm. P. A!lct,esq.
John Perrv. esq.
TL P. Kuif, esq.
Thos. Winslow, esq,
Thomas Cole, esq.
Lord Chief Justice
the Grand Inqnesl ; -
under the authority of t
which hu^ l)ccn issued i
uuthurUy ut
That whi*
vr.
confusion^ \^
rr:inrpi*' .1 r
George Ward, taq
Thomas Boddam, esq.
Jos, Lancaster, cmj,
Robt. Wilkinson, esq,
G.G. Mills esq.
Henry Wright, esq.
John Ilatchott, esq.
R, Stevenson, esq.
John Campbell, e&<|.
Evrr*— Gentlemen of
de-
u^tt£oo, and
c p^rauni
i\Tn
pt
dom.'^
oecasbn far Hill
* ^'V^a )at6
tnd df^
in
ID
hh
'J-
«oil
Jkr High Tnamn.
A. D* 1794.
[202
thn firtt ii\A d!M(«e step in tKis, as m
Ofdituy'i !nminal proceedings, ift, thai •
^houid Dtake jviiblic
on ! Uould diligeDtly in-
B^lliicovEr, and briug forwiirti lo the view
Ibft ertiniiiiii majri^-^ritf*^ thii:>e otfence?*
I to lkr*f iind to d^
['ecial comnaia-
;M
I L lord the
ndictment
n;L iiir II tie nature
Mjd. The king com-
»^H inqmry; but
t] :■ vn alt its other
^, J -Lilies ultimately
I le. It is the king's
iioate his peace, nis
feii becau5e his peace, his
ir. ' . are the subjecls' prolec-
^ir ind their ham>ines9.
l!ti th#^m thiit tlie laws have
B!ir I round the per-
I 1 , and that all
la^air^ ' i rare con-
%B Uie rh can be
d, aHfiai* piuiiiiicu wiLji a severity
aoilimi^ but the mIus popvH am
y calls upon me Tin
tif r nnderstand tnc
t ymi) to open
e, which I have
enefiil,
,95 Edward Srd, has de-
- to you so
-tion asap-
I rubabk relation to
^af * : : high trea-
«< Lih of the
>fti'* II- and imagi-
Ih: ae act or acts
(I I ! i ive been done
f- rution of that
. , that i% from
H ked imacinalion of
ri , Tliri! snv ?>teps are
iftAy itiatitief ct>i! ' the bring-
il and rAcctin^ U^ . the iutcn-
the crime, aud the measure of
re technically deno-
1 the forms of pro-
-^ that
IV set
eii- ovprl art* involve them in two
\^i 'n!>; ist, the matter of
rnnni^t ; In the next
p design*
■>f facl» it
1 t#c U, ■ .■ into the
t ftiste V tiUle to
r to your coramtniugn fespccUug It : and^
will » tiie question, le fact
ha- 1 ' ' the rJcizn, *:< > titale
an overt act if U
involves cons 1 1 ly,
it i"? impossible that any i:tf Uin niit bhouid be
laid down for your governmetit ; overt acts
being in their nature all the pos^^ibte mean»
whicli may be used in the prosecution of the
end proposed; they can be no otherwise
defined^ and must remain for ever infinitely
various.
Thus far, T can inform yout that occasions
have unhappily, hut too frequently, brought
overt acts of this species of treason under con-
sideration ; in const^cpieuce of which we are
furnished with judicial opinions upou man^
of them ? aod we are also I'urnlshed with opi-
nions (drawn from these sources) of text
writers— some of the wisest and mo5t enlijrht*
encd men of their time, whoso 1) ' 3
been always cotisidered as the u. ii-
nent feature of their character, autl whose
doctrines do now form great land- marks, by
which posterity will be enabled to trace, wilfi
a great dei^ee of certainty, the boundary
lines btt" '- * ' -^- '-^" i-on, sind ufiences of «
lower or
It is 11 ...,....*«.;. v..,v;imi?t:in-^' •^'-' we are
thus assisted ; for it is not uibled
thatj though the crime o! - _; ^ion is
*' the greatest crime against taith, duty, and
human society,'' and though, ** the public is
deeply interested in every prosecution of Ihis
kind well founded,'' there hath been, in the
best times, a considerable degree of jealousy
on the Subject of prosecutions fur hi^h Irej^-
son ; they are state prosecutions, and the con-
sequences to the party accused are penal in
the extreme.
Jurors andjudg:cs ought to feel an extraordi-
na!7 anxiety that prosecutions of this nature
should proceed upon solid grounds. I can
easily r^-^rf iv^ therefore, that it must be a
great rr rs placed in the responsible
situation ...J I YOU now stand bound to do
I justice to I heir country and to the persona
I accused, and anxious 1u discharge this trust
! faithhiHy ; sure 1 am that it is consolation and
comfort to us, who have upon us the rcspon-
sibdity of declaring what the law is, in cases
in whirh tiie public and the individual are §0
dei I i Hied; to have such men as the
gr< I hew Hale, and an eminent judge
ofrur owM tmies, wlio^ with the experience
of a century concurs wiiti him in opinion, sit
Michael Foster, for our guides.
I To proce<^d by steps: htrni these wrlteri
, upon the law of treason (who speak, as I
j have before observed, upon tbe authority of ad-
.judged cases) we learn, that not only acts of
immediate aud direct attempt against the
king's life are overt acts of compassing his
deathp but that all the remoter steps, uken
with a view to us^i^t, \r> hnri'z !ihout the actiml
attempt* are •
of treason ; *
iOg Whftt Bteps StlOUlti be Ufv^jR in
order 10 j
M
803]
35 GEORGE III.
Trial of TItomat Hardy
[204
m
bring abgut the end proi>osGd, has beeo &Iw7iy5
deemed tu be »n act done in prosecution of
the design, and as sucb ao overt act of this
treason — This is our first step in die present
inquiry. I proceed to observe that the overt
acts I have been now speaking of have refer-
ence, nearer or more remote, to a direct and im-
niediate attempt upon the life of the king; but
thai the same authority informs us that they
who aim directly at the li^e of the kmg (sucb,
for ju'^^^"'' ^* the persons who were con-
cerned a-ssiDation plot, m the reign
of kin^i jy fu-enol the only persons who
can be said to compass or imagine the death
f>f the king. The entering into measures
which, in the nature of tilings, or in lbej;om-
mon experience of mankind, do obviously lend
to bring the life of the king into danger, is
ailso compassing and imaginmc the death of
~' e king ; and the measures which are taken
ill be at once evidence of the compassing,
tod overt acts oi it.
The instances which are put by sir Matthew
Hale and bir Michael Foster (and upon which
there have been adjudged casesj are of conspi*
iftcies to depose the kmg ; to im]>risoD him ;
to get his person into the power gf the conspi-
rators ; to procure an invasion of the kingdom.
The first of tliesc, apparcrjtly the strongest
case, and coming the nearest to the direct at-
tempt a^inst the hfe uf the king; the last,
the farthest removed from that direct attempt,
but being a measure tending to de^itroy the
public peace of the country to introduce hos-
tilities, and the necessity of resisting force by
force, and where it is obvious, that the con-
flict has an ultimate tendency to bring Uie
yerson and ht'e of the king into jeopard)r ; it
u taken to be a sound construction of the
statute 25 Edward Srd« and the clear law of
the land, that this is also compassing and
imagining the death of the king.
If a conspiracy to depose or to imprison
the king, to get his person into the power of
the conspirators, or to procure an invasion of
the kingdom, involves in it the compassing
and imagining of his death and if steps taken
in prosecution of such a conspiracy are rightly
deemed overt acts of the treason of imagining
mnd compassing the king*s death : need 1 ado,
that if it should appear that it has entered
into the heart of any man who is a subject of
this coimlry, to design, to overthrow the
whole government of the country, to pull
down aud to subvert from its very foundations
the British monarchy, that glorious fabric
which it has been the work of ages to eroct,
inaintam and support, which has been co-
in ted with the oest blood of our ancestors ;
design such a horrible ruin and devastation,
*cl] no king could survive, a crime of such
a magnitude that no lawgiver in this country
hath ever ventured to contemplate itin its whole
extent ; need I add, 1 saVt Unit the com plica-
tii';: ■.. ' ■'.'■ " ' ■ * t, I - irh a do-
»i.. ily seen,
of the kmg is involved in it, b, ia triab* of
its very essence.
This is too plain a case to require 1
illustration from me* If any man of pli
sense, but not conversant with subjects
this nature, should feel himself disposed
ask whether a conspiracy of this i>.
be reached by this medium only ; t{
is a specific treason to com pa-
the death of the king, and no^
son to conspire to subvert i..u. ,,
itself; 1 answer, that the statute of Edwiip
3rd, by which we are governed!, halh i:
declared this (which in all just theory
treason is the greatest of all treasons} to I
hi^h treason*
I said no lawgiver bad ever ventured
contemplate it in its whole extent; the mdUk
regni, spoken of by some ot' our ancie
writers, cornea the nearest to it, but falls
short of it ; perhaps if it were now a queslic .
whether such a conspiracy should be made i
specific treason, it nught be argued to be UQ
necessary : that in securing the person ma
authority of the king from all Jangcr, th
monarchy, the religion and laws of our counlr,
are incidentally secured ; that the constitution
of our government is so framed, that
imperial crown of the realm b the coma
centre of the whole ; that all traitorY>U9 <
tempts upon any part of it are iastant)|
communicated to Umt centre, and fell there;
and that, as upon every principle of public
poliqr and justice they are punishable as
traitorous attempts against the king's pcr'jon
or authority, anu will, according to the parti-
cular nature of the trditorous atrr V '
witl^n one or other of the speciti
against the king, declared by the bUiu^c
25 Edward 3rd ; this greatest of all treafionai
sufficiently provided against by law,
Genllemen, I presume, 1 hardly need gii
you this caution, that though it has been m
pressly declared, by the highest authority^
that there do exist in this country men capable •
of meditating the destruction of the constitu* |
tion under which we live ; that dtfclaratioo^
being extrajudicial, is not a ground upon wUkh
you ought to proceed.
In conseouenccof that declaration it becamt
a public ana indispensable duty of his majesty
to institute this solemn proceeding, and I
impose upon you the painful task ol examii
ing the accusations which shall be brougb
before you ; but it will be your duty la ei
amine them in a regular judiciiil course, Ui«
is, by hearing tlie evidence, and forming your
own judgment upon it.
And here, as I do not think it necessary
trouble you with observations upon the oi
branches of the statute 25 £> , tl:
charge to the grand inquest iJL .rid«
had not Uie particular nature ol the
alleged to nave been formed ai:
state, her. ' , ' ' - * ' fj
pubhc no^
houses ol ^>^uuaiU(;Ui.» iiwrSV iu t.\t^y viit 4,
hr High Tnasm,
tnl that being tlie case, I am apprc-
ii¥i} th«t I shall not be ibon^ht to have
Sled the duty, which the Jutt^e owes to
t grami juTjy when questions m the criminal
iriie on new and exlraordtnary cases of
if I did not plainly and distincliy state
hat I conceive the law to be, or what doubts
may arise in law, upon the facta
^. I irc likeW to be laid before you, accord-
ig U> the diiierent points of view in which
base facts may aj^pear to you*
It i% mailer of public notoriety that there
aire been associations formed in this county,
"/in giber parts of tlie kingdom, the prt>-
l pofpose of which has been a change in
omistilution of the Comuiuns House of
and the obtaining of annuai par-
and that to some of these associa-
other purposes, hidden under this veil,
es* the most traitorous, have been
and that some of these associations
0 supposed to have actually adopted
I of 8uch^ nature^ and to nave gone
I macb accesses, as will amount to the crime
riiigli trcftsoo.
If lhef<e be ground to consider the professed
fiq>oie of any of these associations, a reform
laMrliamcnt,as mere colour, and as a pretext
Md out tn order to cover deeper designs —
ifsi^ni ag;unst the whole constitution and
enl of the country ; the case of those
in such designs i^ that which I
already ctinsidered. Whether this be
aov ^ t>o^* ^ mere matter of fact; as to which
I iball oolir remind you, that an inquiry into
acbtf^s of this nature/ which undertakes to
mibt OQl that the ostensible purpose is a
mm€ ml, under which is concealed a trai-
^BfOiia eofMpf racy, requires cool and deliberate
ntion, and the most attentive conside-
; ami thai the result should be perfectly
aiid tatiifaetory* In the affairs of com-
Ills, no man is justified in imputing to
til / TV to what he himself
, ' 1 1 lest evidence. On
•Other uif. tne charge can be
out , I ^ to the crime meditated
cpeii ,. ...u^tion and treachery, with
t to tiiose individuais, who may be
in to embark in theo&tensible yiurpose,
««U ai to the public, aeainst which this
*k mjrimtf of wickedness is fabricated.
if i»e suppose these associations to
to the professed purpose, and to have
ruhmari/ object, »t Tnuy be asked, is it
and (if it be poKi^ble) by wtiat pro-
it, that an assocmrion for the reform of
it can work itself up to the crime of
raasoof All iri nay, all men
iflltcy pO!«%CF ly of ihmkin^,
ufioti every 1**,**,^ .>uich sufficiently
Uiom to become objects of their
itkNitaiui ammie the objects of the at ten-
of free taesi, toe principles of govern-
ibs eomilliitioii of particular govem-
afidyaboTc ail» Uie con^iituUon of the
i| imda wJiich they live^ will natu-
A. D. 17M,
[9Wf
rally engage attention, and provoke specula-
tion. The power of communication of thoughts
and opinions is tlic gilt of God, and thafrceSoni
of it is the source of all science, the first fruits
and the ultimate happiness of society ; and
therefore it seems to follow, that human lawt
ought not to interpose, nay» cannot interpose,
to prevent the communication of sentiments
and opinions in vol untarjr assemblies of men;
all which is true, with this single reservation^
thai those assemblies are to be so composed,
and so conducted, as not to endanger the
public peace and good order of the government
under which they hve ; and I shSl not state
lo you that associations and assemblies of
men, for the purpose of obtaining a reform in
the interior constitution of the British parlia-
ment, are simply unlawful ; but, on the other
hand, I must slate lo you, that they may but
too easily degenerate, and become unlawful^
in the highest degree, even to the enormous
estent of the crime of high treason.
The process is very simple : let us imagine
Id ourselves this case ; a few well meaning
men conceive that they and their fellow
subjects labour under some grievance ; they
assemble peaceably to deliberate on the means
of obtaining redress; the numbers increase ;
the discussion grows animated, eager^ and
violent ; a rash measure is proposed, adopted,
and acted upon ; who can say where this shall
stop, and that these men, who originally
assembled peaceably, shall not iinally, and
suddenly too, involve themselves in the crime
of high treason ? It is apparent how easily
an impetuous man may precipitate such as-
semblies into crimes of unforeseen magnitude,
and danger to the state ; but, let it be con-
sidered, that bad men may also find their way
into such assemblies* and use the innocent
purposes of their association as the stalking
norse to their purposes of a very different
complexion. How easy for such men to
practise upon the creduhty and the enthusiasm
of honest men, lovers of their country, loyal
to their prince, but eagerly bent upon some
speculative improvements in the frame, and
internal roediauism of the government? If
we suppose bad men to have once gained an
ascendancy in an assembly of this description,
popular in its constitution, and having popular
objects; how easy is it for such men to plunge
such an assembly into the mo^t criminal ei*
cesses? Thus far I am speaking in general,
merely to ilhistrate the proposition, that men
who assemble in i-rder to procure a reform of
parliament may iivolve themselves in the
guilt of high treason »
The notoriety to which I have alluded leads
me to suppose, thaltlie project of a convention
of the ]>eoplc to be assembled under the
advice and direction of some of these societies,
or of delegations from them, will be the lead-
ing fdct, which will be laid before vou in ev>»
dcnce, respecting the conduct, and measures
of these associations ; a project, which per-
haps, in better timcSf would nave been hardly
$5 GEORGE III.
thmight worthy of crave con sidera lion ; but,
in these *jnr days "aving been atlempted to
\f^ put > ' on in a distant p;irt of the
united '^^<^f with the example uf a
iwighl untry before our eye*; is
( 4e6crv 'fi ayi object of the jealousy
I of our iiivv^ : n, will lie your ': '■ *- rxamine
the evidence on thi» hencl ^ i ly* and
to sift it to the boUom ; to c ,,,,,, . , vi/rv part
0<*it in iljelf, nnd as it elands connected with
Other parts of it, and to draw the tcurlu.sion
of fad, as to the existence, the md
the abject of this project of ;i lyu,
frora the whole.
In the course of the evidence you will pro*
bably hear of bodies of men hnving been col-
lected together, of violent resolutions veled at
theae amd ttt other meetingt, of fionie prepara*
liofi of ofien&ive weapons, and of the adoption
of iho taogwige, and manner of proceeding of
lho6e conventions in France, which have pos*
aessed tbemselfis of the government of that
muMry I I dwell not on the$e particulars,
liecaiite I consider them^ not as substantive
trf4£onS| but, as ctrcumslamres of evutence,
tending to a^^ertain the true a*tur« of the
object which these persons had in view, and
also the true nature of thie* project of a con-
Tentiofi, and to be considered by you in the
tnasa of that evidence ; which evidence it
dbea oot fall within the province of the charge
to consider in detail ; my present duly is, to
inforoi vou what tlie law is upon the matter of
fact, which in your judgoaent shall be tlie
result of the evidence,
I presume that 1 have sufficiently eiplained
t# i^p tliat a project to brinj^ the neople
|i logelber in convcolion, in imitation or those
{ Wrtlftflal conventions which we have heard of
m Fitace^ in order to usurp the government
of tie couotry, and any one step taken towards
bfinglog it about, such as, fur iostance, con^
iuUaiions, forming of commiltees to con-
i iiyder of thfl means, acting in those committees,
t would ba a case of no di faculty that it would
W llie ckare&t \ on; it would be
COopMailig and ^; the king's deaths
and not only his dcadi, but the death and
destruction of ail order, religion, laws, all
property! ail security tor tlie lives and liberties
of toe June's subjects.
That which rrr— * V- -,^.;.k— .^ j^^
the project of a r ole
object the effoci ^,, .,«„j«^of
i«|»reaciitatioa «*: i pvliaAottl,
and thff nhtaimng ,- ►is ihould h<^
b- Ify ; and
d»^ ^^ Such a I
takiig It to be ainiinai, may becrumnai in
difatiil dtgreesi according to the case in
evidence, trom whence you are to oolleol the
|nic nature and eatent of the plan, and the
inattner in which it ^
eail il «tU become a (.
what oia^") uf uuucit U ongnx to
Trial of Thamat Uardtf
quality of this project of a oonvenlbn, ye
will lay down to yoursolvea one principle
which is never to be departed from, thai!
alterations in the represventation of the peopl#]
in parliament, or in the law K : ' '
hamcnts can only t>e effected I v
of the King, Lords, and Comuiuii^, m pAnia^j
ment assembled, This Wing taken as a fo<
ilij;, n \\ ^-eerns to follow as -^
jce, lh.il a project of a c-
idd liaVL' for il:^ <iiju i t iL
a parliamentar
of parlki-ni^nt.
be hi
is a
Tlie ^ovxijiuiciu t.<
the tunctions of k^
moment; and it Ihcu L
sequence indeed^ that t!
tors, perhaps, had onlyni«U]
moderate reform : it ib in the i
that the power should l'^ ■
arul be beyond tlie re.i
A conspiracy of this nuu..,. .. ».^
best, a conspiracy to overturn tl
ment, in order to new model it. \s
eliect, to introduce anarchy,
anarchy may chance to i»etii
after the king may have been broii
scaffold, and after the country >
suffered all the miseries which diKofd mA\
civil war shall have (nroduced.
Wheihef the project of a cor
ing for iia olitJ^ot the oollecL
power whkh should overawe llie it^jibluuv
body, and en tort a parUanieatary reform froa
it, if acted upon, wt^' :^ - iuiount to big
treason, and to Uu eason i^i coin^l
parsing and imagini ' '<''■«,
moreooubtlul que^ £
a fort**" utiritli thf \>-Ar
atel>
tcgi.i .
can hnvo no etiect at all, i^
in parliamrnt by the kmg's n^
with the ttdvioe asd eenieoioi die Luids
Co m monf^ , i n parliwenl aasem hi <^ d A for
med I mat the parlian^
a for led againat tht ^
' ihe ease of a lorrr
<;, to compel him i
ca^, it di
rented by u.^ ,., .....
clear law, that
such aibrce« m
.s respectir
of I:
ais(%
•l»e khig
^ h iaoftht ver.
will t>e fit to Ir iiier«i, aj>o i
leruiinod whiri irise.
It may beaiikitfu t^yuuni^ciear, thai the |
cc)nspim<
|n we L
it
refute :
f.''
Hi,
voaid not I
r
9rhktt
tni
WSki I
itiii
ft"»f i;
vou X,\IV.
Jbr High Treason.
El, having for Its s^ole object a
bleapplica.tio[i to the wisdom
*'r\. of a wished- for
hoi lid be tntiiled
in- iiriivir>Juy of
intent the
lint or to
ui the peliiion (grcut as Ihe
: 1 be on the persons c oncer n-
' I the many probable, and
I id cdDsequcfJces ofcoilect-
sber ol people together, with
1 powers to be exercised, and
rt]t*Dt but that of their own
it in itself merit to be ranked
> of offences which we are
- hear and determine,
♦ 'trmeat of the fact of the
Lipon^ and therefore it
; tr me to say more.
ii vvilj now proceed upon the
r inquir}*, which have been
] find that the par-
. before you, have
Jul L'uds by lawful means,
indiiicrcet, or al the worst if
v have not been criminal to
c Irciisuns lo whjcli our in
cd, th«!n say^ that the bills
t*:enled to you are not true
« rhearcuscd persons shall
hecn engaged in that
U- roji-,r^n irv described
ifwilh-
! !' length
. c vet ac^tcd upon
. oi* bringing about
uuiuon of the commons
or in the manner of
ut the authority of
uf it, by an usurp-
in that instance,
illy of llic kin^,
!"^' r»ta?*»emble3,
n «f legisla-
te a conspi-
and con«»ti-
1 only in the
you will tUeu do thai
office to do,
: tlic case of the accused
I tind them involved in,
t de^^i^n to collect the
- 1 the legislative autho-
'F the purpose, not of
. of the lej^i'^l.iture, but
iment, and *o compel-
lud comn»ons, in par-
ri.Hci a law for new
use of parhamcnt,
aiiriii^ . iind that
^ii mam-
I J only:
-pect of
rous ex-
LumpJc'Xiun uf such a
which 1 slate to you as
A. D. lIHs
[glO
a new and a doubtful case, should be put inlo_^
a judicbl course of inquiry, that it may recciva
a solemn adjudication, whether it will, or wilf
not, amount to hi^h treason, in order U) which
the bills must be found to be true bills.
Gentlemen, I h^ive not opened to you th|
law of misprision of treason, because I as
not aware that there are any commitment
for that offence ; and therefore I have no rea
^n to suppose that there will be any pros
cutioQ for that offence. It consists of \Y.
concealment of treason committed by others'
(which undoubtedly it is every man's duty lo
disclose), and the pumshmeot is extremely
severe; hut ihe Immauily of modern times
hath usually interposed^ and 1 trus^t that Ih^
necessities of the present hour will not de '
mand, that the law of misprision of trcasoU
should now be carried iniu execution.
Gentlemen, 1 dismiss you with confideii1|
expectation that your judgment will be direct
ed to those conclusions which ma^ clear iivfl
Docent men from all suspicion of guilt, bring
the g_"»Ity to condign punishment, preserve
the lite ot our gracioas sovereign, serure the
stability of our government, ana maintain the
public peace, in'which comprehensive term is
inchided the welfare and happiness of the£
people under the protection of the laws and
liberties of tiie kingdom. ♦
- - - — I ■ - . ^-.
* Immediately after the publication of thiM
charge, appeared a short examinaiiun of th^
doctrines maintained in it, under the title of
" Cursory Strictures on the Charge delivered
by lord chief justice Eyre to the Grand
Jur>% October 3, J 79 1 " fins tr.ict, although
now somewhat scarce, drew much ittentiun,
and excited much interest at the time ; I have
sufficient authority for stating thai it whs com-
posed by the late iMr, Fclis Vau^han, who if
will be observed was api>ointetf counsel fofj
one of the persoas arraigned, and wlvo acie ^
as assistant counsel on Uiis and the following
trial
It is as follows I
CuASORT StHICTURES, &C.
A snecial commission was opened on th
sccona day of October, for the tri^il of tcrtau^J
persons appreliended upon suspicion of high"
treason^ the greater part of whom were take
into custody in the month of May, 1794^]
Upon this occa*iion a charge was delivered
the ^mnd jury, by sir James Eyre, lord chief
justice of the court of Common Picas.
It is one of the first privileges of an English*
man, one of the firs^t Jtitics of » rational *
iiijl, to dlsvcuss with perfect frcetlom, all pric
ciples proposed to he enforced unou genera
cibscrvance, when those principles ary first
disclosed, and before they have yel, liy any
solemn and final proceeding, been matic pa
of a reg;ular established system. Ihe chief
justice, in hischarge to the jury, has delivered
many new and extraordinary doctrines upon
the subject of treason. These doctrines^ novi
P
^11]
35 GEORO£ in.
Tlie sbcriiT relumed into tlic court tlic
ipaiiel of tlie petit jurors.
Oh Monday, October the sixtli, the grand
jury felurnetf a true till against Thomas
i^hen Ihoy have been for the lirsl time stated,
it is fit we should examine. In that exaroi-
nation, I shall deliver my opinions in a man-
per perfectly frank and cxphcit. No man
should seek to offend high a:uthorriies and
elevated magistracy ; but ihc object before us
IS of an importance paraniount to thet>c con-
siderations. Decorum is an excellent thing ;
;We ought not to sacrifice to the fastidious
toenls Of decorum, all that is most firm
Curity, Or most estimable in social insli-
The chief justice has pronused a pulvlication
of his charge, and 1 should have been glad to
liavc wailed for the oppurtiinily of an authen-
tic copy, Bui there arc only a few days remain-
ing previous to the commencement of trials,
of "the highest expectation, and most unlimited
importance. He who thinks, as 1 think, that
the best principles of civil government, and
I Atl tliai our ancestors roost affection ale ly
loved, arc strtick at in the most Hagranl marT-
tier in this charge, will feel that there is not
an hour to be lost. While I animadvert
upon its enormities, it is with some pleasure
that I shall reflect upon the possibility of the
©nonuilies being aggnivated or created by the
imperfect and irregular form of the publica-
tion before me. Every fricod of his country
will participate the highest satisfaction, til
finding them answered, oy a regular publico-
lion o* the charge to the grand jury, stripped
of the illegal and destructive docUines thai
now appear to pollute it.
Among the various branches of the English
constitution that have for centuries been a
topic of unbounded praise, there is none, that
has been more, or more deservedly, applauded,
than tiiut which relates to the law of treason .
" The crime of high treason/^ says chief jus-
tice Kyrc,* ** though the greatest crime against
failii, diilVt and human society, and though
the public is deeply interested in every well-
iouh ' ' 'utiou of this kind, has yet, at
the I , been the object of consider-
able jr. n : -r>pect of the prosecutions
in^liluttr 1 ; they are stale prosecu-
tions/' I; ; ...... lore of the utmost conse-
quence, that the crime of hidi treason should
be clearly defined, and the exquisite jea-
lousy allaye<h which must otherwise arise in
every benevolent mind. This has been done
• *• lie add% • it is noi to be d
— liViU any on** veniure to say, Ihm
ofli ' ' luble, if lUcy cuuUl,
in 1 1 I value to the Aubieti ;
Trthi of fhomt Jffardi/ [StS
Itardy, John Ilorrte Tooke, .TohA Aifgustui!
Bonoey, Stewart Ryd, Jeremiah Joyce, Th6-
mas ^^ urdle, Thom'a^^ llolcrotX John Kichlcr.
Matthew Moore, John Thelwalh Richard
Hodgson, and Julin Baxter, for high treason.
by the act S5 Kdivard 3rd, one of th^ great
fialladinms of the English conslitation. Thi*
Liw has been sanctioned by the * ol'
more than four centuries ; and, i iasr
been repeatedly attacked by tlit tiintMrh-
ments of tyrannical princes, and the dcci.<iu«s
of profligate judges, Englishmen have always
found Unnecessary in the sequel to btrip it of
mischievous appendages and arlitii iitl izlosses
and restore it to its original simpf i u^
trc. By this law all treason, e\( _ jfa
few articles of little general concern, is con-
fined to the * lc>'ying war against the king
within the realm, and the compassing or
imagining the death of the king.* Nay, the
wise framers of the law were not contented to
stop here ; they not only shut out the mis*
chief of arbitniry and constructive treason for
themselves, but' Inserted a particular clanse,
povjding that * if in any future i^"-^ '» f"''::ht
DC necessary to declare any new \ .at
should only !je done by a direct ^u , .i..^ of
parliament for that special purpose.*'
It is obvious upon the face of this wise and
moderate law, that it made it ciitremcly diffi-
cult for a bad kin|^, or an unprincipled admi-
iiistMtion, to gratify their res^t mst
a pertinacious oppooeni by insiii .lujii
him a charge ot treason. Such kings and
ministers would not fail to complain, that the
law of Edward Jrd shut up the crime wilhia
loo narrow bounds ; thai a subtle adversary
of the public peace would easily evade these
gross and palpable de^nitions; and that
crimes of the highest magnitude, and most
dangerous tendency, might be committed,
which could never be brought under these
dry, short, and inflexible classes. It is not to
be denied, that some mischief might arise
from so careful, lenient, and unbloo'dy a pro-
vision. No doubt oftences might fjc oon-
ceived, not less dangerous to the public wel-
fare, than tlioso described in the act ond«»r
cu ij. But our ancestors
1 1 to this inconvenience, ?r
it II V ijij im ans such n- ^ - - ' * ' vje.
They experienced a , Si
proud atul hi '- i --^ - * '-
J'tal4a<% wl,
mischief of e .., .i.
sionatly be employed
crinihiib. IfwcViti
poliry, lei us hew
n HTortil vrnOtn i: , mI
', icc hu:^ ( ' ■
ut .i.iiig Ktl: " ' ' '
siiit^ anditii
c donotMibslJintCei
iXUiUiUj.jlUU
SJ5J
Jw High T>'foson.
A. D. I7M.
[611
J*>bn Lavctt
On Tuesd^, October the sieventh, Tbomas
• tksl ibey who aim dLrectly at the lile of the
}ri»i» arr nnt tKr ortlv otriiuQS^ who O^y be
n his dcuth. The
fri I'll in I he MLitnrf'
0( '
f-t , _ .' _ , , -,
afi4 iiAi^guuij^ iiii^ ilc»ilh uJ Uic kiu^; ani
tbt f*i'^*«te^ whicli itre takeiJ^wiU be at gute
fi -anti overt acts of
lie put un(i<;r this
^^itjr and sir Matthew
' liifre have been ad-
c* VL " t; ,ur, viz*] of a
t to iajprUon
to gel iu- , u.>,.jii ..itu iiiL power of the
ilors, and to procure an invasion of
ioui/^ H* furtlu r states, ** that oc-
^tkftve nii iut too frequently
^ lit orcf t at I ; species of trerisoii
seder c jn, in conseauence of which
vtaie f' ^ with judicial QpinioDs upun
■10^ of iik^Uh We are also furnished with
'^' T» dmwn from thcbe sources, of text
i^^utne of the wisest and inost cphghtr
i t/f tht'ir lime, whose integrity has
A as the most promioent
lof |h' Ml', and whose doctrines
IbrtJi 1 marks, by which pos^
fill I to trace with con&idcr-
icert ■ ' * ' niary line between hieh
fa lower order and ife-
le circumstance/* con-
,** that we are thus us-
ijoceive that it must he
pliiced in the responsi-
yon now stand; and
I lion and comfort
u' responsibility of
U the i<iw IS, in cases Iq which
ad the individual are so deeply
preamble of the chief justice,
' nething extremely hu-
I trace in it the lan-
' tiwyer, a sound lo-
ereel, and honest
I'W by just decrees
V as^ it is, and de-
Lif-Liinst new, un-
ijnstnictions.
il his neck to
ly admiiiistralion ;
I able principles of
1 tu iry by them, and
ri^ thjit are brought be-
> himself, and
y cODbolation
tw, and force
V are to con-
.u lilt *t;alr|i, and the
n ivUo have been the
1
la atl Ihiti
Ikn it u£;t
|^a[|t of n. •
leii huu
Holcroft voluntarily surrendesred himself ia
court, and was conunittcd to Newgale,
At the request of the several prisoners the
-- - „ ___ ^
Meanwhile what wotdd be said by our coi\* 1
temporaries and by our posterity, if ttib picture 1
wore to be reversed; if tiic^e pivmise^ were *
ij^iiie, only to render our diMi'iiuijUiULntl
bitter; iftlie^ehiwh pru i
■ ly as an introduction to :l ^ ,
iiiii^s of arbitrary con s true Uo us, vf iicw-litapj
gled treasons, and doctriues equally inconsl9*> j
tent with history aud iheniselvcs : I hope f
these appearances will not be found i^,
the authentic charge. But whoever be thp i
unprincipled impostor, that thus audaciously !
saps the vitals of human hberty and human '
happiness, be he printer, or be he jud^^e, it is *
the duty of every friend to mankind to deled j
aud expose his sophistries.
Chief Justice Eyre, after having stated thp i
treasons which are most strictly wuhin the I
act of lid ward 3rd, as well as those which are <
sanctioned by high law authorities, and upon J
which there have been adjudged cases, pro-
ceeds to reason in the following manner :
" If a conspiracy to depose or imprison the
king, to gel his person into the power ot the j
conspirators, or procure an invasion of the]
kingdom, involves in it the compassing and
iroagming his death, and if steps taken iaj
prosecution of such a conspiracy, are rightlyi
deemed overt acts of the treason of corapas**!
sing the kind's death, what ought to he oi^ J
judgment, if it should appear that it liad eu-
\cred into the heart of any man» who is a sub- '
jectofthis country, to desi;;u to overthrow ihpj
whole government of the country, to pulll
down aud to subvert from its very foundatiousi
the British monarchy, that glorious fabric, J
which it has been the work ol'agcs lo er^ct^T
maintain, and support; which has beence-j
mentcd with the Lest blood of our ancestors;!
to design such a horrible ruin and devasfcatioOyfl
which no king could survive."
Here we are presented with a queslio^']
which is no doubt of the utmost magnitude j
and importance. Is the proceeding thusde-J
scribed mailer of high treason, or is it not? j
It confessedly does not come within the letter i
of 25 Edward 3rd. It does not come withia 1
the remoter instances " upon which theris J
have been adjudged «!ases/' Chief Justice I
Eyre has already enumerated these, aud, h^ I
ving finished that part of hii subject, gone o|l '
lo something confessedly different.
Arc we reasoning respecting law, or re-
specting a state of society, which, having no J
tixed rules of law, is obliged to con!^u!t the]
dictates of its own discretion? Plainly the ,
forniLT. It follows, therefore, that the aggra^ ]
vations collected by the chief justice, are tc>«J
tally foreign lo the question he had to con-1
sider. Let it be granted, that tlie crime, ml
the eye of reason and discrrtion, is the motill
enonuous, that It cua enter mlQ the heaEl <
^15]
55 GEORGE UL
Trial of Thomai Hardif
[216
fa) lowing gentlcnicn were assigned by tlie
Court as their counsel -, — for,
Thomas Uatdy^^Mr* Erskine, Mr. Gibba.
John Home Tooke, — Mr. Erskinc, Mr.
Gibbs,
inan to conceive, still I shalJ have a riglit to
ask l3 it a crime against law P Show me the
sUtiJtc that describes it; refer nie to the pre-
cedent by which it is definccl ■ quote me li»c
adjudged case in which a matter of such iia«
paralleled magnitude is selUed.
Let us know the ground upon which we
stand. Are w*e to unders^lana that, under
chief justice Eyre, and the other judges of the
special f ommission, rea**onii>^* are to be ad-
duced frora the axioms and cfictums of moral-
ists and metaphysicians, and Ihat men are to
be convicted, sentenced, and executed, upon
these? Are we to understand that hence-
ibrtti the man most deeply read in the laws
of his country, ana n.ost assiduously conform-
ing his actions to ihem, shall be liable to be
arrai<*ned and capitally puni<^hed for a crime
that no law describes, that no ureccdent or
"adjudged case ascertjiins, at tlie arbitrary
pleasure of the administration for the time
Deing? Such a tniserabie miscellany of law
and metaphysical nr.ixin*s, would ha ten thou-
sand times worbf, tiian if wc had no law to
direct *>ur actunis, The law in that case
would be a mere trap to delude us to our ruin
creating a fancied security, an apparent clear-
ness and detinitiou» the belter to cover the
concealed pitfalls with which we arc on every
'side surrounded.
1 he chief justice is by no means unaware
ef the tremendous consequences that would
result from such an admini*^tration of criminal
law, lie speaks respecting it, when the sub-
ject is first stitrted, with great temperance
and rautiwi. Ue says, "That Ihe crime of
conspiring lo overthrow tlie monarchy, is
such an one, as no lawgiver in this country
han ever ventured to contemplate in its whole
extent* If any man of plain sense, hut not
conversant with subjects of this nature, should
feel himself disposed to ask, whether a con-
spiracy of this extraordinary nature is to be
reached by the statute of treasons^ whether it
is a specific treason to compass and imagine
the death of the king, and not a spccihc trea-
fon lo conspire to subvert the monarchy it-
self? I answer, that the statvtte of Edward Urd,
by which we are bound, has not declared
this, which undoubtedly in all just theory of
treason is the greatest of all treasons, to be a
cific high treason, 1 said, no lawgiver had
ventured to contemplate it in its whole
IBxleot/*
The language here employed is no doubt
manly and decisive. From hence it follows,
with the most irrcfiistildc evidence, that that
'• w^ '" ' ' tr by which we are bound,
lia^ * be treason,'* Itiat ** which
no 1..W.U.'-; "— i-vcr ventured to contcin^
John Augustus Bonney, — Mr, Erskine,
Mr Gibbs.
Stewart Kyd,— Mr. Erskinc, Mr. Gibbs.
Jeremiah Joyce, — Mr. Erskine, Mr. Felix
Vaughan.
till all law is ^annihilated, and all maxims
of jurisprtidence trampled under foot and
despised.
No author has reasoned with f^rr-itr r :\rr\i''
racyi and in a more satisfactory i on
this important branch of the Eui; I i au-
lion than the celebrated David Hume, in his
History of England. Ihis author is well
known lo have been sutliciently favourable to
the prerogative, yet his reasonings upon this
subject, in the case of lord Strafforde, arc as
mmutcly applicable to the case before us, as
if he had written them with the proceedings
of the special commission of October, 1794,
lying before him upon his table,
" Of all species uf guilt, the law of England
has, with the most scrupulous CKactnc«.s, de.-
fined that of treason; because on that side it
was found most necessary to urotcct the sub-
ject a^am si the violence of the king and of
his ministers. In the famous statute of Ed-
ward 3rd, all the kinds of trcitsonn arc enume-
rated ; and every other cnine, beside such as
are there expressly meniii>ncd, is carefully
excluded from that Hjtpellarion. But witn
regard to this guilt An endeuvour ta nuhrert
the fundtiutcntut fnwx^ the statute of trrasun is
totally silent ; and arbilrarily lo inir.^lnce it
into the fatal catalogue, is itself a subversion
of all law; and, under colour of defendiag li-
berty, reverses a ?.latute the bei»t calculated
for the security of liberty, that was ever enact-
ed by an English parliament,*' Vol. vi, chap,
liv, p. 403.
The fullowingare a few seulences from the
defence of lord Strafforde, as quoted by Mr.
Hume, a nt^blenvan, whom the republicans of
that time so vehemently hated, and were so
fixed to destroy, as to render them little scru-
pulous of overstepping tlie simple and uu^
tending provisions of the law,
*♦ Wlicre has this species of guilt lain so
lone concealed? Where has this fire been
so long litiried, during so many centuries,
that no smukc should appear till \x burst out
at once to consume me and my children f
Better it were to live under no law at ail, and,
by the maxims* of cautious prudence, to con-
form ourselves the best wc can to the arbi-^
irarj' wdl of a master, than fancy we have a
Jaw on which we can rely, and find at 1«M,
that this law shall lufiata punishment prece-
dent to the pronuilguliun, and try us by max-
ims unheaKi oriiirthr very mitnient nf the
prosecution. VV iiere is tiic mark hcX upon
this crime? Where Itic token hy whicn I
should discover it? Ic has lain roncealed|
and no human pn' :'^:m innocence,
could wive nic ' rue lion wiUl
which I am at prc-^in im. ,^i. unl.**
** it is now liiU two butidn:d aod foit^
sm
Jbr High Treason*
A. D. 1794.
[220
Thoraannolcroft^ — Mr» Erskine, Mr. Gibbs.
John Ricbtcr»— Mr. Er^kine, Mr. Gilibs.
Johti Ihclwall, — Mr. Ersskine, Mr. Gibbs.
jobn Baxter, — Mr. Erskine, Mr, Gurney.
I *incc treasons were deBncd, Let iis be
-viih what our fathers left us ; let not
ion carry us to be more learned than
l..,.r ^-vi*', in these killing and destructive
i 1 To ail my afflictions add not this, my
Ihc most severe of any, that I, lor my
r Mns, not for my treasons, be the n^eans
_Jrod\>cin^ a precedent so pernicious to
! laws and liberties of my native country V*
6,
Chief Justice EjTe*s daarge consists of three
~~"\ The first tivc pages contain principaUy
pjid and constitutional ex positron ot the
* treason, as exlsibiled in the hooks. In
we are presented with
' 1 ni^ this new treasort
, HI MJi»vert the monarchy;*'
f justice, as has already appear-
1 hic Kpeculation, with expres*
rurnulatcd evidence, and
J J terms, thkit this new ima-
I £ ison IS no treason by the laws of
il
kictv, as the chief justice observes, the
KniTC might have concluded. Here, if a
yf -iinl had been paid to the essential
I I of criminal justice, it would have
; if not in reality a little sooner.
'i nder of the charge is made up of hy-
Dili I'liption^prejudiaition^ and con<
ctii is scarcely a single line that
tOiri 'iiiwuufTiJ with such phrases. as" public
otoneiy," "things likely," "purposes im-
Dtn^'* *' measures supposed/* and ^* imagin*
.*' Liliiin reason of all this is, that the
[c e suspected, that the treason de-
iIjC' statute 25 Edward 3rd, and
I precedent, or deduciblc
.even with the addition
rtbc 4.lii new constructive treason,
ded, - sscs, upon no law, prece-
J Or cuj^e, and which therefore is in reality
rlr»SK»nt did not aiford sufficient ground of
ttit.i t the prisoners, lie is
rfcire • leave trie plain road^ and
»eJ otit urd. No Taw, no deduc^
, Of c< 1 of iaw» that could he for-
lordrj."., ,.„, ._,i a mere view of the sta-
wtKild titiswer the purposes of the spe-
l€<»liaQitsa(on. fie is therefore obliged to
' 'gt himself in conjecture, as to what the
tW33 rT?3v h:ivr ftone, and what are
" ih€ f^cf- rd before the jury."
Tuo Hm-t wre included in this
I J I St, the chief justice
pi; hifni»elf unable, by direct
^ wlmt U is we
1 to the neccs-
' oi TL'i'.:jjj;] ' *' - ~'"nend
i tj aclMiti ce of
1^'
Thomas Wardle, Mattliew Moore, and
Richard Hodgson, were not in custody.
On Monday, October the thirteeoth, Mr.
ready performed to the question, whether or
no they shall full under such or such provi*
fiions of law. Secondly, by this perverted
mode of proceeding, he completely prejudges
the case of the prisoners. He does not pro-
ceed, as a judge ought to proceed^ by explain-
ing the law, and leaving the grand jur}' to fiTc
its application upon individuals; but leads
them to the selection of the individuals them-
selves, and centres in his own person the pro*
vinces of jt»dge and accuser. It may he
doubted whether, in the whole records of the
legal proceedings of England, another in-
stance is to be Jound, of such wild conjecture,
such premature jiresumplion, imaginrttions so
licentious, and urcams so full of sanguinary
and tremendous prophecy.
The conjectures of the chief justice respect-
ing the probable guilt of the accused fall un-
der two heads. First, " associations, the pro-
fessed purpose of which has been a change in
the constitution of the Commons House of
Parliament, and the obtaining of Annual par-
liaments/' Secondly, " the project of a con-
vention to be assembled under the advice and
direction of some of these associations."
The treasons which the chief justice ima-
gines himself capable of fixing upon some of
these associations for a parliamentary reform,
are of two kinds.
Before we enter upon these, let us pause a
moment, and consider the unexplored countnr
before us. Every paragraph now presents us
with a new treason, real or miaginarjv pre-
tendedly direct, or avowedly constructive.
Division and subdivision rise upon us, and al-
most every one is concluded with the awful
denunciation of treason. I'he chief jtistifc
is no longer contented with the plain treasons
of 36 Edward 3rd, or the remoter treasons of
Foster and H*ilc. His whole discourse hangs
by one slender thread. He perpetually refers
to the new and portentous treason of his own
mere creation, ** a conspiracy to subvert the
** monarchy ;*' a treason, which he ingenu-
ously avow's " no lawgiver in this country has
ever ventured to contemplate,'* and *Hhe
statute of Edward 3rd, by which we are bound*
has not declared;* Upon this self-constitutexl
treason he hangs his other conjectures and
novelties as weil us he is able, b) the help of
forced constnictions, of ambiguoun and Uu-
ceitful words, and all the drlu^iont of a prac.
Used sophistcr. Was it necessary for the de-
struction of twelve private and untitled incn^
to create all this confusion, to prmhire nil ihi»
Riin, to overturn everv thing tbul u vahialilc
in English librrtv; "^ "' '^*' ui for tune rom^
inrt under thn imr ami IncxpUcmtlr
dehpoti-iin that the cr taw f
Let us attend to the opiatcrn of judge !
stoue ui>oti ihii aulu«^ct,
35 GEORGE III-
White, solicitor for the treasury, delivered lo
each of the prisoners a copy of the tDdictmca^
a hst of the jurors impEtnclled hy the ^he^ff,
and a tbt ot the witnesses to h^ produced by
the crown for proving the said inoictment.
** By the ancient common law, there was a
great latilude left in the brea&t of the judges, j
to determine what wiis treason or nut so; '
vr hereby the creatures of tyrannical princes
had opportunity to create abuodiince of con-
structive treasons : that ia, to raise, by forced
and arbitrary constructions ofi'ences into the
crime and puni!>»hment of treason, which never
were siL«ipected to be such. To prevent lhet»e
inconveniences, tlie Matute 25 Edward 3rd,
chap. 9, wa% made. [B<^k iv, chap. 6, p. 75]
—This is a great security to the public, and
leaves a weighty m4menio to judges to be care-
ful, aud not overha^ty in, letting in treasons
by construction or interpretation^ especially
in new ra^os that have not been resolved and
settled. ^ — The legislature was extremely libe-
ral in decbriuie; new treasons in the unfortu-
nate reii^n of kuig Richard the second ; but|,
in the first year of his successor's reign, an
act " was passed^ which at once swept awuy
this whole load of extravagant treasons. An
terwards, particularly in the bloody reign of
Henry 8th, the spirit of inventing new and
strange treasons was revived ; alt which new-
fangled crimes were totally abrogated by the
statute 1 Alary, chap* 1 ; since which lime the
legislatnre lias become more cautious upon
this subject.** [P. 85, 86.]
The hrst mode in which, according lo chief
Jul r . an association for parliamentary
rt" incur the penalties of hi^h trca-
»Gij, 13 *>iua ** other purposes, besides tho.<ke
of parliamentary reform, and of the most trai-
torous nature, are hidden under this veil"
The purposes he may be supposed to mean,
are tliose of his new-fangled treason, of" con*
spiring to subvert the monarchy." ThuSi
in the first piace^ we have an innocent purpojws
constituting the professed object of this sup-
posed as.sociation ; and behind that the grand
jury arc to discover, if they can, a secret pur-
pose, totally unlike that which the associators
profess; and this pun^ose chief justice Eyre
clerlares to be treason, contrary, as he avow-
edly ronlesscs, to all law, precedent, a^d ad-
judif-Ucd cases.
The second mode, in which the chief justice
15 wilUng to pre- suppose hii;h treason in an
%S^oriatton tor parliamentary irr.Min i^ by
ii an association, not in itt <• as
I says, '* simply unlawful, too t m . ^i De-
rating, and becoming unlawful in the highest
degree.'*
It isdifficuU to con
with the gravity, that
giM rate, delivering bis
of iu»lictf. ** An assot i
refcrmmav rf
in the hi^hr
cstcnt of itic '.
n this article
line to a ma-
On Friday, October the 34lb, Thomas
Hardy, Joiio Home Tooke, John Augustus
Bo nney, Stewart Kyd, Jeremiah Joyce, John
Richtcr and John Thelwall, were removed
by habeas corpus from the Tower to New-
gate.
knows not that? Was it necessary tba
chief justice Eyre should come in "^^
Iconity to announce to us so irr> 4
proposition? An association for j..... ..*,>.ii-
tary reform may desert its object, and be
guilty of high Ireasoa True : so may a card
club, a bench of ^us^tices, or even a cabinet
council. Does chief justice Eyre mean to in^
sinuate, that there is something in the
pose of a parliamentary reform, so uohal
ed, ambiguous, and unjust, as to render
well-wishers objects of suspicion, rather tf
their brethren and fellow subjects ? Wh
can be more wanton, cruel, and inhumai
than thus gratuitously to single out the pur*
pose of parliamentary reform, as if it were, g|[
all others, most especially connected with de-
generacy and treason ?
But what is principally worthy of observe*
tion in both these cases, is, the easy and artf "
manner in which the idea of treason is
troduced mto them. First, there is a **co
cealed purpose,*' or an insensible ** degeni
racy,*' supposed to take place in these
ciations. >Jext, tliat ^^ concealed purpose
or insensible ** dcjgeneracy," h suppoHcd
tend directly to this enii, the ** subversion
the tnonarcliy:" Lastly, a ** conspiracy .
subvert the monarchy/' is a treason, firi
discovered by chief justice Eyre in 1794, nev
contemplated by any lawgiver, or included i
any statute. Deny the chief juslii -le^
of his three assumptions, and his
duction falls to the ground. ChaiU.>^.. »at.),
or any man hving, to prove any of them ; ant)
you require of him an impossibility. And It
IS by this sort of logic, which would be scout-
ed in the rawest graduate m either of our uni-
versities, tliat Knglishuien arc to be brt^uglil
under the penalties of treason !
Of the^e assumptions, the most flngra
perhaps, if in reahty there can be any grad
tion in such groundless assertions, is tb:
which imputes to the associations a *' coj
spiracy to subvert the *' n»onarchy." T]
chief justice knows, for no man is 'tj^noia
that there is not the shiidow of evidence
such a conspiracy* If anv man in Englai
wishes th'' ^")iv-rtigii of the monarchy-
there am ind that dues not feci, lii
suchiub\' rectedatallyCanohlvbi't'
fected by an msensible revolution <
Did these associdtJon^ phm the tnur
king, and the <>n of the iu>«tl f«
Iv? Wher^ :i oh of it? But
,a piii^rc tiii'in probubi
■li.-nir-- nf 1 u-,iLin H^d
UH'L \H 41
it]
51* utitsgri, VV tiu I ^jcuU every ijiau to luc ^^uiowa wiuioui tJt;^
Jbr High Trtasm*
Stmnu UmU4 in the Old Baitty, Saturday Oc-
l*re»iil,— Lo«l chief jtislice E/re; lord
chief Iwron Macdonsild ; Mr. baron Hotham ;
' appcHations shall
[ e, or bis niajesly's scr-
:c of high treason to ad-
)('c il. The purpose of
I , as the rhicf justice con-
.., being treasonable, is not
nl," If the persons now in
■ - , 1 1, e been 2;uHly of high treason,
flat IS the pomt to which uur allenlion is to
be f::i1!e<J Thrlr treason is neither greater
n '^*S ^Tigaged in a mwful
M ^ ftr a pariiamentary re-
fi 1 ua uhu^i'lhcy have done that is
i: uJ do not seek to excite eictrajudi-
aaJ ^♦rguaiccs against them for what is iono-
Having fl Mhe immediate purpose of
t jnrbamf n m, the chief justice goes
Mk io the is-.M j^»jj.tL to consider "the project
•fa convention, to be assembled under the ad-
fke and direction of some of these as&ocia-
A. D. 1794.
^RC
And htTv h was impossible not to recollect,
t' - and meetings of delegates
i us foreign to the English his-
loiy ; iaiiS llmi twelve or fourteen years ago,
Btov of his majesty's present ministers were
d«plT enpged in a project of this nature.
Accoriifii^ry, the chief justice lakes a very me-
IBMlt't ' Hon. He calls it ** a project,
^Mffl^i imcjj would have been hardly
thlM^bi v»^ ' r irration, butp in
ib»e,oaTi! een attempted
til ifi t \ L •- M I ( u 1 1 III ,1 L 1 1 - i itnl part or th e
Idn^dom, and with the example of a
tinng country before our eyes, is de-
become an object of jealousy to the
icmdly
f^frc arc j
Ixhrmn! 3rd,
tie «nfi1c\
**^baU tarr
^th^
- one of the most
1 nciples of executive
1(1 of or imagined.
Tit measures of jus-
^ by the act i?5
iJing fitting to
says the act,
judgment of
I and de-
rliameot,
ir Fn'j-<,t ifriuon or
liameutj thf lp;^islative
iii .V n» ike new provi-
II 10 cjreum-
\\(' L-Miriiunders
Ives
jons
. or
the
Sttt-
Lhcr,
Mr. justice Duller; Mr. justice Grose ; and
others of his majesty's justices, &€♦
Thomas Hardy, John Home Tooke, Job
Augustus Bonney, Stewart Kyd, Jeremia
they are to find to day. An interpretation,
shifting with every gale of accident, may pro-
duce undefinable terrors in its niisemble vic-
tims, may devote its authors to eternal exe-
cration, but can have none of the venerabh
features either of law or justice.
Some of the dreadful consequences in-
volved in this loose and ttucttmling interpre-
tation, ^how themselves in the very ncstl sen*'
tcnce.
" It will be your duty,'* says the chief jus*
tire to the jury, " to examine the evidence
oh this head very carefully, and to sift
it to the bottom t to consider every part of
it in itself, and as it stands connected with
other parts of it ; and to draw the conclusion
of fact, as to the existence, the nature and ob-
ject of this proposed convention, from the
whole.
" In the course of the evidence you will
probably hear of bodies of men having been
collected together,of violent resolutions voted
at this and other njeetings, of some prepara*
lion of offensive weapons, and of the adoptiofi
of the language and manners of those con-
ventions fn France, which have possessed
themselves of the government of that country.
I dwell not on these particulars, because I
consider them not as substantive treasons^
but as circumstances of evidence, tending to
ascertain the true nature of the object which
these persons had in \'iew.'*
Here we have *.et before us, in the most
unblushing and undisguised manner, that
principle of coiislructive treason, which has
upon all occasions formed an object of exe-
cration in English history. Let us hear what
Flume says upon the stibject in the farther
progress uf that very passage which has been
already quoted,
•* As tins species of treason, discovered by
the Commons, * in the case of lord Strafford e,'
is entirely new and unknown to the laws ; so
is the species of proof by which they pretend
to 6s that guilt upon the prisoner. They
have invent^ a kind of accumulative or con-
structive evidence, by which many actions,
either totally innocent in themselves, or cri-
mmal in a much inferior degree, shall, when
united amount to treason, and subject the
person to the highest pcnaUJes intlictcd by
the law. A haily and iMifMinnlpd word, u
rash and passionate ai i Sod by the
malevolent fancy of the ^nd tortuicd
by doubtful constructions, is transmuted into
tfiE deepest guilt, and the Uves and fortunes
of the whole nation, no longer protected by
jiistifc, are subjected to arbiti-ary will and
plcttsure" [p. 40:t.].
II is not easy to conceive of two passnge^
more parallel to each gtlwr, than the dw
223]
35 GEORGE III.
Trial ofTlifmas Hardg
[224
Joyce» Thomas Holcroft, John Richter, John
Thelwall, and Juhn Baitler, were arraigned
tupon the followitig indictment, and severally
Lf leaded Not Guilty.
* here delivered by chief justice Eyre, and the
condemtiation pronounced u^n them by
v^ay q\' anticipation by the illustrious liume.
f'Thus, ** a hasty and unguarded word," —
' Adoption of the language of the convention
in Fmuce,'' — ** A rash and passionate action/'
I — « Violent resolutions voted at tliis and other
meetings — some preparation of offensive
\i'eapon.s," — '* Actions either totally innocent
in themselves, or iriroinal in a much mferior
degree"—** I consider not these particulars
I as substantive treasons*^*
Can any thing be more atrocion?, than the
: undertaking to measure the guilt of an indi-
I vldnal, and the interpretation of a pUin and
permanent law, by the tran&ilory example
that may happen to exist ** before "our eyes in
^ a neighbouring country ?"
The chief justice bpf^aks of two sorts of
J convention. The first, " a convention, in
I inntatiun of those which we have heard of in
jyrunct', in order to usurp the government of
[tlic country.'^
There lurks a memorable ambiguity under
^us word convention. A cunvcntiou was
I no long lime ago, of delegates from the
II burghs in Scotland, to consider of a
reromialion in the administnition of those
[Ijurghs. Of this convention, the present lord
Jsdvocate of Scotland, among others, was a
llitember. A convention was proposed in
il7U0, of dele^tes from ttie diflVreut county
I ineetings held at that period. Both these
l^conventions were consitlerably more furmi-
idable in their slruclurc tlian that which is the
taubjcct of present animadversion. The royal
jburghs, and the meetings of freeholders in
tlbe sever*il counties^ consist of bodies more
[©r less recognized by tlie constitution, and
x>S9essing a degree of inherent authority.
The convention proposed in the present in-
[stance, was simply of delegates from the dif-
ferent societies, vohmlariiy associated tor the
jrpose of parliumenlary reform. They could
05se&« no inherent a'nihority* The per-
ons who constituted them, must have been
^ctuated by the mo^t perfect insanity, before
they could have dreametl of uBurpiiM^ tlie
ovcrnmcnt of the couritr}'. No delu.Hon,
herefore, can be more gross, than an attempt
rfe ityle* us chief justice Eyre styles, such a
convention ** a convention of the people/*
In describing his first sort of convention,
^cdiief Justice roundly affirms, *' that the
project of svirh a convention, and any one
step taken towards bringing it about, such
as, for instance, consvdtalions, fonniug com-
-nittces to consider of the mean^» or acting in
^ bosc commilteei^j would U- « case of no dif-
Istulty ^ it would be ll ison;
it would be compa^ the
king*f death; vxi tiot umy ms attain, but the
INDICTMEIIT,
MlddlueXj {BE it remembered that at a
to wit. J special se^Mon of Oyer and
death and destruction of all order, religion^
and laws, of all property^ and security for tlic
lives and liberties of the king's subjects.''
There i^ a figure m speech, yf the highest use
to a designing and treacherous orator, whict^
has not ;jet perhaps received a name in the la-
bours ot Aristutle, Quint illian, or Tarnaby.
I would call this figure encroachment. It is
a proceeding, by which an affirmation is rai»-
deslly insinuated at first, accompanied with
considerable doubt and qualification ; repeated
atlcrwards, unaccompanied with the^e quail*
fications ; and at last asserted in the most
peremptory and arrogant lenns It is thus
that chief justice Kyre expresses himself re-
specting a ** conspiracy to overturn the mo-
narchy." It is first a trea-son, " not declared
by the statute 25 Edward 3rd ;" a ireasoi^
** Nvhich nu lawgiver in this country- has ever
ventured to contemplate;'* a treason, *' not
I restmg for its authority upon any law, pro-
I cedent^ or adjudged case." It is not this
thing, nor it is not that ; " the *etJUw rcf ni
spoken of by some of our ancient writers, bul
I which is no part of our law, seems to come the
I nciirest to it,'* but will not apply, ** the par-
ticular nature of the traitorous attempt, will
fall within one or other of the specinc irea*
I sons of the statute of Edward iJrd." A strange
\ crime, wijit h the judge knows is provided
■ against by tlje first or the second principal
I clause, but is unable to determine w nether it
I is by the former or the latter! Afterwards
I the chief justice speaks of it with less hesi-
I tat ion ; and at las t^ as we have seen, aiErms
it to be *^ a case of no difficully,and the clearest
I hid^ trcasitu.'^
Can any play upon words be more oon-
templiblc, than that by which the chief jus-
tice, finding the king's death the subject of
one of the clauses, and determined to trace
at least some remote analog>' between that
and the subversion of the monarchy, describes
the latter by the appellation of *' tlte death
and destruction of all ordcr,religion,^'c.^c, T*
The second sort of convention in chief ius-
1
ticc Eyre's arniugement/isaconvent
not intending to usurp the coven i-
country, ** has for its sole object t
a change in the mode of repri
llsc people in parliament, and tl^. i ...jt^
that p^liamcnts should lie held aimually*
And here/* says the chief justice, ** there is
room to distinguish. Such a project of CQIlf
vention, taking it to be crimiiiHl,"—
"Taking it to be criminal!" Was crer
postulate, more cjttraordinarj', or more iotoU
erable? Did ever judge, - the
bench, previously to ttus iu^t :io
whole question ; ii!' ' h*
out the ¥ihadow ct ur
uuncupatory; Stfttulc or rL'^>orij Inc wuuit; vlU
fihe conn
county on 1
ID ll
ver
^/Ir Wi^A Treusan*
T of and
4t the
in the
,ii day of
liUh jfcar ot the reign
'• eorge the Third by the
A. D< lT9i.
[92G
ninsJity ; and then proceed at his leisure to
liilfiiwte the issumed cnmitiality into all its
tffefcot degrees? Meanwliite, alter this toud
I p^ff,»,.,vir,»'X' «r,-.,r»i.|e, the chiefjustice is
nc $ort of convention^
^** -I iiiality/' ** a convention,
insg i object a dutiful amJ peace-
ibla api to parliament by petition^
caoOQt oi ttjich be runkcd among Uiis class of
afatircs/'' tie darc!» not jiti^rm tliat it is to
Ited among any class of offences what-
^_^f,— Bui to proceed to the distinctions he
^dltlttlcfis to enumerate.
thm int sort of '* Convention ^ which has
liritf oljtcc U^>
mkn^f and that
eol.
rj^ a parliiimentary
V, is a convenlioD,
lit the authority of
ijrpose" usurping,
llinctionsof legis-
isticc determines,
^ us in the preeed-
be high treason in
,JUL.
*' woutd
/one of the actors/^
hhtr Ihia bboriousdiscuswon, chief justice
Eyie U DQt yet salistied that he has framed &
CVMlrocUofi^ strong enough to ensnare the
XKmr under confinement. He has
inction upon di^tinclioo. He has
^ ^ at least live or si 35 ditTerent
^f licason, not found in the direct
ia o/^.Edward 3n\ or in the remoter
i '^ "^V'^r - nd Hale; not supported,
c ses, by any law, prece-
,ojr i„^j««g,^^ ^^:>c. But all this he does
ui tliii iBcr# nntanoeto of lii^ power. If any
af Ibe pmmmm now under caiiTmcmevit had
1 accMlnllitg to all the itnumcrations of hh
cases, it muy satt tv t»e atlirraed,
I n a charge of
. .>r beacquiltol*
t ibe cht*- > lU> confesses, that
mg to any one of
i€M** in: Loti of fiction^ hypo-
lhMb> on* i!« brought tbrward
Jor llie »*.'ic i»uri "' r uf convmcing us
•I'lhvilliparallel* > of the lord chief
joitiR - • *^'' ^^ ^ court of Common
Fl«i»i r the imaginations, to
' nation.
I, aj)d if
iiuuld be
m] be tlic
^4i> aiid severe, it
Hon I
. having hitherto
i» nut to the pur-
I ' mrUter in
M^enuity,
ir^^M liJ^ ari% uuu uts^iuy^ iiih uUaoat in*
VOL XXIV,
JjL^t I
btliicfrs
pace of Cod of Great Britain France and Ire-
Jand king defender of the faith and S0 forth
before the right honourable sir James Eyre
knight chief justice of our said brd the king
of ins court of Commun Pleas the right ho*
Qourable sir Archibald Macdonald knight
Irepidity of countenance* This part of the
case ib opened as follows :
"Whether the projectof a conTention^ having
for its object the collecting together a power
which should ot'eravve the legislative body,
but not suspensl il, or enhrelv determine its
functions, if acted upon, will also amount Xq
high treason, and to the specific treason of J
compassing and imagining the ktng*s death^ [
is a more doubtful "question. Thus far is
clear : a force upon the parliament^ must be
immediately directed agwnst the king. It
must reach the king, or it can have no eifecC |
at all. The laws are enacted in parliament '
by the king's majesty, by and with the advice
and consent of the Lords and Commons ia [
parliament assembled. A force meditated <
against the parUainent, therefore, is a force
nieditatcd against the king, and seems to fall I
within the cases de&cribed.*'
Nothing can be more jgross to the view of I
any one who will attentively read this pam* [
^pb» than its total want of all definite andi
inlelhgible meaning. The chief justice talkf ]
of " collecting together a power,*' and of •* *
force^' exercised upon t!ie parliament. What]
IS here intended hy the words power and 1
force? Under ihe kindly ambiguity of these,
words, the chief justice seems very willing to i
slip upon us the idea of an armed power and {
a military force. But this can scarcely by any '
construction be reconciled to the idea of ftj
convention. An army of delegates wasa^l
idea reserved for chief justice Eyre to intro»1
duce into the world. Well then: let us sup* j
pose that arms and violence are not intended;
yet the chief justice says, that tlie project of a
convention has for its ol ject ^' the collecting I
together a power, which should overawe tlia 1
legislative body/' This word is still more]
ambiguous thin any of the rest. What are]
we to understand hy the phrase " to over- 1
awe?" Awe in its true acceptation has always J
been understood to mean defereuce or ro-l
spect. It cannot mean any thing else hcre^I
since, as we have already seen, armed powef ]
and military force arc out of the question, j
i3ut in this sense what is the object of every j
species of convention or pohtical associatioc
whatever ? It is always ij) tended to produce 1
deference and respect. Thua the chieljtistice j
very properly observes, that " a convention,!
having for its sole object a dutiful and peace-.!
able applicalion to parliament/' dees not fait]
to find tlmt application attended with " ro^]
spect and cre<lil» iu propof tion to its uuiverw
fiality/' Indeed there ran be no doubt, thall
there arc but two ways of oper:' a*
men's ci^ndurrt, the one, bv cihihr
tneuts caLsuieiled to prtivail upeu iu^u vv«ck'
Q
2S7J S5 GEORGE IIL Trial of Thomas Hardy [228
chit f liainii of our Mtid lord the king of his I able sir Nash Grose knight one of the justices
rum i of I'.xrhcqutT llio hunonruMc sir Deau- I of our said lord the king asMgned to hold
inont llotliain knij^bt oiicof'tlic barunKofour I pleas before the king himself the honourable
f«aicl lord tlir kiiii' Of his ^aid court of Kxchc- | sir Souldcn Lawrence knight one other of
qiitT the lioiiourublr sir IVaiicis Hiillcr bartiiiet : the justices of our said lord the king assigned
oiUMifilirjnMirrs iifoiir said lord Ihc king of . to hold Picas before the king himselT and
his said ronrt of ( oiunion Picas llic honour- | others their fellows justices and commissioners
incIiu;ilinM>i and coiivinion, tlir other a per- fvcn he hesitates to decide. He dares not
rciviu;; liow murh the ihiuj: nM|uircd accords | aver the proceeding described in it to be tiea-
willi ilir sMisc of nuiiMTous lutdics of men, | son. Well, then; what is the remedy he pro-
iinti luulirs oi men entitled to eminent i redit. i po*;cs? Surely anew act of parliament; the
Suih hem,:; llie Mihstaiue ot the luosl ina- . rrniwly prescribed by the act of Edward Sid,
lerial para<:rii)ili in the chafire to the grand i '' in cases of treason, which may happen ia
jury Jet Us >eeiu xvii.it maniur tluspar;(>;r;iph ! time to come, but which could not then h%
is ViUif liuli d, and what are the inferences ' thought of or declare<l." No such thing,
drawn iVom it. NN hal is the Ireaimenl due | V\^i\ this case, which he does not venture to
to tliis lurce which is no force; thiscollecling I pronounce to be treason, he directs the grand
toi;i'llur a power, unarmed, and entitled to jnry to find the bills to be true bills! He
credit onlv for its univvTsaliiy ? \N hat shall tells them, " that it is tittinp: that this case,"
he done to' the uien \\\\o thus overawe the j w-hich he *' states as new and doubtful, should
K'jjislative hi dv.hy eNciiiiij;: its defeniice and : be put into a jinlicial course of inquiry, that
respect: or. faihnji this, do lu't overawe it at j it mav receive a solemn adjudication, whether
«ll, m isuMich as I hey have no power to in- j it will or will not amount to high treason !''
force I hm demindsr* "Wlulluror no," as ; The chief justice, in this instance, quits
chief justice Kyre sai:;uiously ohM-rves " the ! the character of a criminal judge and a civil
IMoiri I i»f >ui h a coiuention wiil amount to m.inistrate, and assumes that of a natural
tich lie.i>on. is a more iloulittul question." ' philosopher or experimental anatomist. He
He adiU. •• m this ease it iloes not np|«e.ir to is wilhng to dissect the persons that shall be
inr. tliHt I am wairanted hv lix .»uthuuiies. to hr on i^ht "before him, the better to ascertain
Male to you as cic.ir law, that the mere con- the truth or t'd^chood of his preconceiTcd
spir.icv to raise such a torce" Lrecvltect \\\\a\ conjectures. The plain English of his rccom-
li.is been Siiid u,mu llie nature of this torcel, . inciidation is this: •• Let these men be pot
•• and tne enleriui; u»tocoi^suii.iti*.ns ro*ptvi- upon trial for their live*: let them and their
inj; It. will alone, and wiil'o'.ii .ulualK r.ii>in:; friends throujih the remotest strainers of
the f-rce, ei'nsislutc tiio cr'.m-. C'f h ih irtaM Ti. ceiMUxion. be exposed to all the anxieties
>Vli.it tl»e l.iw i* ui tli,*t c.iso. ,ui'i \\\\.\\ \\\\\ incident to somicortiin and fearful a condi-
be the etKMoftl.e o;rc!m»si..!u-e i ♦ the Iv-rre tii :i : !et them be exposed to ignominy, to
bein; i!uis nuVi;:atcd. wiilhc l^t lo Iv s^- oM.r-.:y. to :ho part ialilics, as it may happen,
lemnix considoied a-.u; dtlermiiud wnen the oi a prcjuaicoi judge, and ihe perkcrscness of
case stu!'. .iriM." an liiivr-int jury : wc shall then know how
Here t'-.v* c:iu r" -iisti.-;' sivmK* with .i ^r'^vcr we or.: it to conceive of similar cases. By
devT'ce or" 0 o.*cs:\ an.l p:e\ mliv^'.n so i.-.r .i-i tr.uvp .1.^ ujhmi their peace, throwing away
rc.itc^to :*:•.•.• >!r.';\.^i\i spirit if the per'^ous tin:: ..^I's or sj^irting with their innocence^
u:u?. ' I V : :; v. '.cit : b.il w :'.en l:e h.isoiV >'vn we *:;.::: eht.iin a b isis up\>n which to proceed,
to :.-•:'•;• :;-.;'% ■.=*»•/.:. :u\ ::i r.is uv.ul m.i:ir..7 a:iii a v rev c dent to guide cur j'jdgment in
i!vr. .1^ ,4 \ .r..i:..'M :-.:o tic >t.iltnu:;t. tii:-..ro i;;>t i:k-c>."
" \\ ■'. ^. is r:\Lps {- '\\*:v.2.' s.t\x i.e." 11 l.::s is a scrl of Unr^i^? which it is im-
\ 0; J :• .■ •. >N- v . r-» :- ^ . . . \ . . v i> ; a\ >u ; :; a J e- p ' - - ■ i -c I .> .-cv ol :ev' t v st ta u! horror, and
>-H..*:\: ." :. ,• c .rj.fs ». : i i.- 're.,-..:-! are «:..:*» >ec:n> Wv^rthy or" t;:c '-jviicul minister?
c:.. :; .1. \' n-..» :.:.L :■■ ■ ..ji^^: i;.i:u v.\ :\\ <: I. U" :;*.;> i-r Nero I: ar-i:f<, 1: the speaker
I :.i'. ^ V .■ ". ". ■•. -. ..*■...; k' \.-^ c\:r.i..:.;;- u-.i-iiT-t^^.v! r.is c.*:i n'ifdnir.c. • r if ihe p^per
rv\ :•. •. • , : c 1*..: ^ .: -1- txiirv ..r. : .*• t<: -e :r.t'' : .i- :.i:tr.rv.".y r»: pried :♦, the mon
ll-.e I c ^:, ^ \i:\ »: .-. . . .■ :'*v x..: .:>.:;■•. !- ^:.! .... r ■::•::. vC \: r.uiv.xT. rj:p:::es5 and
;iK,i-^: ■*.^- ■■ ^.i*"-. ^* <^'i -*..;■ :. )^.. : ...-.'^z ..'V. A.cr.'::*- to t:.:* inethod of
.in I-...* . ' '. . -f, ^ .. : K- : -..i ;-:.::- a:*. ".'.w«. : re.f.'tv.ts c.i^<*>. .i!>d reports
\v.\ .. .'. . * :. ■■.•...".::".■ i. A--; «."".,;.■■ '
re,. »; t' ..•/.a,. ...\" ,:.>•:*. i: .: «... ; ..:^ _.> .-
*•: *> . : '. '.. ^.■. :-•- .'- ■•. r".r«*r N*iy .. ■
i: > . .::...:■.■: \c .^ ..r . :^ \: — ,r: .■ ' : ..! -V- . .
aV v—.- :. ; i-". ■."■: •. : iv - ^ ' ::..'■*- >.:i \ .: ^»
r.:v- ' ■ V ... i. ::^ ; :ri: »>: .»i-^-^ ^z: ;.. ■^-. i* ,-
>^v;s ^ : •.:..!- : , -^^. kv*. .-.i •T-icci r.* *c^iA> r.: :iz ;. ;.." u> uiVuXT .i r.f^r r. .i <: chauiULK
c.±NV'.-.: > AS ir<, 4::i pinraaffcrn.y u i**t» Uw. :t he act brt?er «>«fn;ciT to
but «euch lie ali t^ bmr cxriSoKS ci ha ? th&t U« ia tbe two Hcw«s of ""
M«aMCiBittBi^coHtts%i«cr -viKh tfaMto iiArii to be awdc cvt of
i
•'\ .■■■
! '.re ;
: :: :. f
•in;;
n^ a lew
z^.yrii and
sua of a
...1
•.:' r-,
:f r.:
:l cf the
;:::^s:er* •f
r. if tber
229]
far High Treoioiu
A. D- 1794.
[230
of our sud lord the king assigned by letters
patent of our said lord tlie king under his
^cat seal of Great Britain made to them and
others and any three or more of them (of
whom one of them the aforesaid sir James
Eyre air Archibald Macdonald sir Beaumont
llotbam sir Francis Buller sir Nash Grose
stnictions of old statutes, contraiy to all law
and precedent, and contrary to the security
and liberty of the subject.
In Ireland, some time ago, it was thought
proper to bring forward a convention-bill,
declarine such proceedings, as are the subjects
of the "rorced constructions of chief baron
£yre^ to amount to high treason. When the
Habeu Corpus act was suspended in England^
we were given to understand that this pro-
ceeding was thought sufficient for the present,
and that a convention-bill, similar to the
Irish, and other severe measures, were re-
senrcndl to be adopted, as the case might
require. This fallacious show of lenity, now
turns out to be the most unprincipled tyranny.
Mr. Dundas and others talked in the last
session of parliament, of bringing home the
Scottish pnnciples of jurisprudence, if need
were, to England, and renaering associations
and conventions a subject of transportation to
Botany Bay. Tliey have since refined upon
their plan, and carried the law of England,
or what they are pleased to call so, into
Scotland, rendering these offences, real or
imaginary, a subject of the penalties of high
treason. Such have been the incroachmcnts
upon the constitution, by men who have the
audacity to call themselves its champions,
that a man who should have pretended to
ibretel, from six months to six months, the
measures they would think proper to pursue,
would have been laughed at for the improba-
bility and utter absurdity of his talc. Britons
will at length awake, and the effects of reason
and conviction upon them, will not be less j
ibrmidable or Icas unacceptable to their op-
pressors, than the effects that might flow
from a course of violence !
I have hitherto abstained from saying any
thing respecting the personal characters of
the men now under accusation. If their
abilities be as rare, and tlicir merits as high as
their warmest admirers can conceive them, it ,
would »till be forei,:;n to the question I propose
to consider. If they be men, exceptionable
in their character, ambiguous in their designs, ,
and mischievous in their counsels, that also
ought to be put out of the consideration. The .
£ugii>h constitution is strong cnousrh to dis- \
arm all the adversaries of the public peace, '
without its being necessary for that purpose <
to destroy its very essence. Twelve men are i
apparently concerned, but the liherlies and i
happiness of all are ai stake. If these new i
treasons }>e established, we may say, as the ;
pariiameut of llenrv the fourth did, speaking
of the new-fangled treasons under llichard
thesecosid, that <' no man can know how he
and sir Soulden Lawrence our said lord the
king willed should be one) to inquire by the
oatli of good and lawful men of the county of
Middlesex of all high treasons in compassing
or imagining the death of our lord the king
levying war aj'ainst our lord the king in his
realm or in adhering to the enemies of our
ought to behave himself, to do, speak, or say,
for doubt of the pains of treason" [Black-
stone, book i v, chap. 6, p. 86]. The construc-
tions of chief justice Eyre, and the special
conimission, put a perpetual bar to all asso-
ciations, delegations, ard consultings respect-
ing any species of grievance. Will any man
venture to say, tliat we shall never stand in
need of these expedients ; or shall we consent
for all time coming, to hold every possible
reform and amendment at the mere will of
tlie administration? If these principles be
established, utterly subversive as they are of
the principles of the English government,
who will say that we shall sUip here ? Chief
justice Eyre says to day, *• all men may, nay,
all men must, if they possess the faculty of
thinking, reason upon every thin<r, that
sufliciently interests them to became an
object of their attention; and among the
objects of attention of freemen, the principles
of government, the constitution of particular
governments, and, above all, the constitution
of the government under which they live,
will naturally engage attention and provoke
speculation/* But who will say how long
this liberty will be tolerated, if tlic principles,
so alarmingly opened in the charge to the
grand jury, shall once l;e e^^tahlislieil ? This
IS the most iinportmt crisi'* in the history of
English liberty, th.il the world ever saw. If
men can be convicted of hi,;li treason, upon
such cuustmctions and inq>li<-.itions as are
contained in this charge, we may loj;k with
conscious superiority upon llie republican
speculations of trance, but we shall certainly
have re<ison to envy the milder tyrannies of
Turkey and Ispahan.
Trom what has been said it appears, that
the whole proceedini^s intended in ttie present
case, are of the nature of an vx post facto law.
This is completely adinillul bv the chief
justice. In sinnmin^ up the (i.lfinijt parts
of his char^jo, he enunicratj> tiuce c.ises, in
the first of which he directs the i:r.iiil ,iny to
ttirow outthe bills, and m that ot tiu* Uvo last
to find theni true bills. Oik; k^( tlu-^e two
relates to chief justice 1-Are's \\k w tn .isun of
" a Conspiracy to subvert the in.Jiianhy,"
a trcavm wliicli, he says, is not drclaiod by
th(* statute of Kdward o<l. and n«) 1 .nv^imt in
this country Da^ever vcnUircd to ( uijl'':ni.l.itc.
Tiie other, ** that of ovrrrvnu p niiiinoot,"
he states to be a new vuj'I dwulili'iil ( .i^e, and
reconnnends, that it -imuhl be *' put into a
judicial course of enquiry, t...it it may receive
a solemn adjudicalioii win t her it will or will
not amount to high treason."
Thus it is ful^' admitted^ respecting the
35 GEORGE UL
ud lord the king in his realm giving lo iljem
§wd and comfort in his realm orelaewhcrc and
lof all misprisions otsij lb h i^h treasons as afore-
laaid or of anv of thtm withm the county afore-
[said (he well withm liberties as without) by
irhorotjoc^vcr and in what manner soe»er done
L committed or perpelrated when how and after
I lirhat manner and of all other articles and cir-
tcumst3i)ces concerning the premisses and
livery or any of them in any manner what-
I aocver jmd the said treason and misprisions of
treasons uccordin^ to the laws and customs
1 of Ensbnd for this time to hear and dctcr-
|ininc by I he oath of Benjamin Winthrop es-
? aire John llcnry Schneider esquire Enward
ronside f squire Benjamin Kenton esquire
iKawson Hart Boddam esnuire John Aris cs-
[fliure VVilham Pardoe A lie It esquire John
I Jerry e^^^uire Henry Peter Khuff esqnire
[Thoma* Winslow esquire Thomas Cole es^
l^uire Samuel Hawkins esquire George Ward
j Cfiquire Thomas Boddam esquire Joseph Lan-
Icftster Cf^quire Kotiert Wilkinson esquire
[Ceorgc Oiiiway Mills esquire Ucnry Wright
I esquire John Hatchet esq m re Rowland Sle-
l persons now under accusation, that they
' could find no reason, eitlier m the books of
©ur law, or of any commentators of received
authority, to suppose that they were incurring
I the guiit of treason. '* The mark set upon
this crime, the token by which it could be
(discovered, lay entirely concealed: and no
liuman prudence^ no human innocence, coutd
\ save Ihem Trcm the destruction with which
' iliey are at present threatened" [liuinc, vol.
I vi^ ch. liv, p. 404].
It is pretty geueraUy admitted, that several
of these persons, at least, were honest and '
•rcH-intentioned, though mistaken men.
Punishment Ig awarded in human courts of
justice, either according to the intention, or
the mi*.chief committed] If the intention be
alone to be considered, then the men of ,
%rhom I sytak, however unguarded and preju- I
dicial tlicir conduct may be suppo<»ed to have I
been, must on that i^round be infallibly ac- I
quilted. If, on the other hand, the mischief
incurred be the sole measure of the punish-
ment, mt are bo»md by every thing that is '
0iicr«d to proceed with rehic lance and regret.
l^et it be supposed, Uiat there are cases,
^herc it sliall be necessary, tlvat a well
desianinc man should be cut off, for the sake
of the whole. TIic lea^t consideration that
irccan pay in ': ' r ' - - is, to
warn him'of I mi lo
H3ut so much as the knowledge of
Trial of ITtomai Hardi^
[232
the trials to which this charge
T kinnv ttiat tin: \\ii\'i*- vviH
I
b I
lidn>
hup utiv ii-i *i is *
•»bv e. He has al:
0tt mi:ic js tta Ufi or pn;cedaut fuc Uiur
phcnson esquire and John Campbell e^uirc
gocxl and lawful men of the coimtf aforeMiid
now here sworn and charged la \nqinr«» for
our said lord the king lor the body of the said
county, touchins; and concernmg the pre-
misses in the Kaidleltors patent mentiiiucu It
is presented in manner and fotm as fulloweth
(Ibni is to say)
Middic^e^ to wit the jurors for our sove-
reign lord the kin? upon their oath present
that Ihomas Hardy late of Westminster in
the coutity of Middlesex shoemaker John
IIorneTuokc late ofWimbWon in the county
of Surrey clerk John Augustus Bonnev late of
the parish of Saint Giles in the Fields in the
county of Middlesex aforesaid ^ntleman
Stewart Kyd late of London esquire Jeremiah
Joyce late of the parish of Saint Marj-le-bone
otherwise Marybone in the county of Middle*
sex aforesaid genrlcman Thomas Wardlc late
of London gentleman Thomas Holcroft late of
the parish of Saint Mary-le-bone otherwise
MaryL>one aforesaid in the county of Middle-
sex aforesaid gentleman John Richter late of
Westminster ui the said county of Middlesex
condemnation. If therefore he address them
in the fmnk language of s'mcerity, he must
say : "Six months ago you engaged in mea-
sures, which you believed conducive to the
public good. " You examined them in the
sincerity of your hearts, and you admitted
them with the full conviction of the under-
standing. You adopted them from this ruhng
motive, the love of your country and man-
kind. You had no warning that the measures
in which you engaged were acts of high
treason : no law told you so ; no precedent
recorded it ; no man existing upon the taco of
the eaith could have predicted Mich an inters
prelation. You went to y ^ ' ' with a
perfect and full conviction, ( lat^lcd
upon the principles ol'immuluui. jMr^Mtc, and
that you had oftnnded no provision or statutft
that was ever deviled. I tin- iinl.*p sitting
upon the bench, you, ^\itiry,
ever>'inhabilAnW*)f the i ' !trilain,
hrul jUst as much reason to conceive tiu'V wore
incurring the penalties of the law, as the pri*
soners at \he bar. This is the nature of the
crime; these arc the circumstances of tlie
case.
*• And for thts^ the senteoce of the court
[but not of tlie law] is, Thai you, and each of
you, shall bo taken from the bar, and ton*
-■-■ ---ne,
to
hy
'jti
ru
b©
■ur
veycd to thr
und from the
the place ot t.v.ii. ,.., .,.,..
the neck, bvil not until yui
shall be taken downilivr
bers shall be cut i
tnkrn utit nnd hnr
'Tcd from
tiU'fs, whit ii
al; and the
5ouu r*
I then be
anr to be
Lord Imve
at I:
lUCi'
>iir
J^r High Tnason*
A. D. n^.
[934
Mittbew
* ta tin? rcwmtv
I lllfl tout
:te of Went.
rsiiiuirsT.er in
lid halter and
mx^w^t lutr HI nil j'.iiJ'^ii ot SuiDt LCO-
I SbMtditcb in til? county of Middlesex
[ lliliour^r >uintr <Mbj€rU of our said
tbe king t \he fear of God in
*licmrU nor ^ ^ ibc duty of Iheir
cc bul lift! tig moved and seduced hy
^ligalton of the devil &i false traitors
CKir said lord the king tUeir fcupreme
lawful and undoubted lord and wholly
J tlie curdtal love and true and dye
whith evf ry tnie and htilhful sub-
TM " shovdd and of right
ibe^ id lord the king and
janti wiUKiiiinMr strength intending
ly lo break and disturb the peace
iMOItflon Iranouillity of thi«» kin^oni of
Bfh%in and to Mtr niuve and excite
rebellion 'p ' '^t against our
mM lord Ihi; king wi; i ugdam and to
AlwCft am! ?ihrr the ' ... . .lc rule and go-
1HMD> tdy ami hti|»pily established
hAis : ^. I arid to depose uur ^aid lortl
tbl Jbag Jirvtn the royal state title power and
gwnuiueni of this kingdom and to brtn^ and
§ao md lard the kin^ to death on the first
of Hatch in the thirty third year of the
I tS oilr Baverisien lard the now king
CO divert other daj*a and times as well
'Ne parish of Saint Giles
V ul Middlesex aforesaid
!HN»v atiu u.iiturously with force and
,A6 amongst themselves and toother
* -^ whose names
villi 4tf eft <
DHUin and to
tplaliironile and ^
fappUHp estalilt'^l
awr iftfd lor<
wHttt ar
ai
conspire com-
i>f^ move and
r against
ugdom of
ui aitcr the le-
K now duly and
• this ktngdinn of
^e our said lord the
title power and go-
11 and to bring and
10 death And to
o eflfect their moat
' * asonable coro-
said they the
'^ ?oke John
I ih Joyce
. . .^ *hn Kicb-
lohn 1 helvralt Kichani
Baxter &« such false tial-
aa afutr^aul vtth force and afm*i on the
fe«t dav of Mafch in the thirty- third
ija BtMi oo dirtT% other days and
ta^weU before as after at the parish of
'**■ afefeaaid io the county of Mid-
malidmnly and traitor-
eofiapaie eooflult and agree
m and iDgelher witli diven
aie toihe
said jurors unknown to cause and proc tire
convention and meeting of divers* Mfh|f*rt'^ ^
our said lord i^ tj be as9M
held within till n with hr.
order that the ptfM
convention and x\\<
wickedly and trailer uu^
fiance of t he authority a i {
the parliament of this kiAi>....>... ..- .^...ujti
alter and cause to be subverted and alterc«i
the legislature rule and government now duty
and happilr established m this kingdom and
depose and cause to be deposed our said lord the
king from the royal state title power and go-
vernment thereof And further to fulfil |jer<*
feet and bring to effiect their most evil and
wicked trea.son and treasonable com prt«s I ngf
and imaginations aforesaid and io i>rder the
more readily and effectually to asaemble such
convention and meettug as aforct>nid for the
traitorous purposes aforesaid and thereby to
accomplish the same purposes they the said
Thomas Hardy John Home Tooke John Au-
gustus Bonne V Stewart Kyd Jerennah Joyce
Thomas Wardle Thoma^i {ioltroft John Hith-
ter Matthew Moore John Thelwall Richard
Hodgson and John Hauler a« such fdU(?tnut.om
jisaJoresttid logetber with divcrsothcr fjlitirAu
tors whose names are to the jurorsui , .
known on the said fir^t diiy of Mu: nj;
thirty-third year a I- ! on divers other
days and times as u f t^ after with force
and arms at the parish uJ S:iint Giles afore*
said in the county of Middlesex afofiei*a4tf
maliciously and trailoroiisly did coui, .
and write and did then and there matir;
and traitorously cause to be com poser j .md
written divers hook§ pamphlets leitets in-
structions resolutions orders declaiatinn!* ad-
dresses and writiu|»3 and did then and there
maliciously and traitoroubly cause to be ptih-
hshed divers other books pamphlets lettei^
instructions resolutions orders declarations
addreaaes and writini^s the said books pam-
phlets letters instriictioas resolutions orders
declarations addreitses and writings so rf«
spectively composed written pubhshed and
caused to t>e comfiosed written and published
purporting and containing therein amone
other things incitements encouragements and
cxhortatioiis to in(»ve induce and petaiiado
the subjects of our said lord the king to choose
depute and send and cause to b*^ chosen dc*
puted and sent peraons as delegates to com-
pose and eonsttlute fuch eoovehtion and
meeting as aforesaid to be so holdeti as afom-
said for the traitorous purposes iifnratakl An$
farther to fulfil perfect and liring ta tffeet
their most erU and wieltad Miicilt aild tft^
sonahle corapaa«n» wai lifiagiwatioM ifb^
said and in order the tiH t affaiv
tually to aasemhle such ! meai^
ing as aforeiaid f'or liie uAiwrtm^ mtfumm
af&«aid and tberal^ Id wmmfflm mm
same ptirpoM thty M iild TfmrimWm^
John Horn Tooka hh
StawmrtEy^JlililillilJiyw'
TboniasHokroft John RichterMaUhew Moore
John TbelwalJ Kichard Hodgson and John
BciKtcr as such false traitors as aforesaid on
Oie said first day of March in tiie thirty-thnd
year aforesaid and on divers other days tmd
times as well before as after with foroe and
arms at ttie parish of Sainl Giles aforesaid in
the county of Middlesex aforesaid did meet
consult and dcbberate among themselves and
together with divers other fidse traitors whose
names are to the j?aid jnrors unknown of and
concerning (be calling and assembling such
convention and meeting as aforesaid for
tbo traUurou^ purposes aforcsiiid aud how
when and where such convention and
meeting should be asfemblcd and held and by
what means the subjects of our ^-aid lord the
king should and mi^ht be induced and moved
to send persons as delcjjales to compose and
constitute (he bame And further to fulhl per*
feet and bring to effect their must evil and
wicked treason and ti-edsoniiblc compasssings
and imaginations aforesaid and in order the
wore readily and eB'ectually to assemble such
convention and meeting as aforesaid for the
traitorous purposes aforesaid and thereby to
accomplish the same purp<ises they the said
Thomas Hardy John Home Tooke John An-
fistus Bonney Steward Kyd Jeremiah Joyce
homas Wardle Thomas llolcroft John Hich-
ter Matthew Moore John Thelwall Richard
Hodgson and John Bailer as such false traitors
asaftrcsaui together with divers other tahe
traitors whose names are to the jurors
aforesaid unknown on the said first any ^i(
March in ihc thirty-third year aforesaid'und
on divers other days and times as well before
as alter with force and arms at the parifih of
8aiot Giles aforesaid m the county ot Middle-
sex aforesaid maliciously and traitorously did
consent and agree that the said Jeremiah
Joyce John Augu&tus Bonney John Home
Tooke Thomas Wardle Matthew Moore John
Thclwall John Baxter Richard Hodgson one
John Lovett one William Sharp and one John
Peariion should meet confer and co-operate
among themselves and together with divers
other Talse Iraitois who^c names arc to the
said jurors unknown for and towards the call-
ing and assc tub ling such convention and
meeting as aforc!!»aid fur the traitorous pur-
poset albresaid and further to fulfil perfect
and bring lo effect their most evil and wicked
treason and treasonable compassings and ima-
ginations aforet<iid they the said rhomas
Hardy John Home Tooke John Augustus
Bonney Stewart Kyd Jeremial) Joyce Thomas
Wardle Thomas liolcroft John Richter Mat-
tliew Moore Jolin ThelwaU Ricliard Hodgson
and John Baxter as such talse traitors as
aforesaid together with divers other false trai*
tors whose names arc to the jurors nfor**-
said unknown on the fir>i
the thirty-third year atbn
other days and times a$i w^
with force and arms at th*^
aforesaid in the couuty of Hii^uic^cJi mor^iaj^
Trial of Thomai Hardif
] maliciotisly and traitorously did cause and pro*
j cure to be made and provided and did tnca
I anil there malieioubly and traitorously consent
and agree to the making and providing of
divers urms and otlensive weapons to wit guns
mubkets pikes and axes for the purpose of
armin!; divers subjects of our said lord the king
in order and to the intent thai the -^umc sub-
jects should and might unlawfully forcibly
ajid traitorously oppo!»e and withslaud our said
I lord the king m tl»c due and lawful exercise
I of his royal power and aulhortiy in the exccti-
, tion of the laws and statutes of ihts realm
and should and might unhtwlully forcibly and
traitorously suhvert anil alter and aid an<l
a'^si^l in subverlinjsj iiiid altering wuh.uii and
in defiance of the authority an<l against tlic
will (if the parliament of thi§ kingdom the
legi-liiture rule and government now duly and
happily established m tltis kingdom and de*
f)osc and aid and assist in deposing our said
ord the king from the royal stite title powe
[ and governinent of this kingdom and furthe
I to fulfil |ui ' 1 bnug to fP ' :'
j evil and v, l^oii au<l d
passings a*^o .....i-iuationsafo-. .ui ^
said Thomas Hardy John Home Took^
\ John Augustus Bonney Stcwttrl Kyd Jer
I miah Joyce Thomas Wardle Thomas Hot
croft John Richter Matthew Moore John
ThelwaU Richard Hodgson and Jolui Baxte
us such false traitors as aforesaid wit!
I force and armi on the said first day of
March in the thirty-third year aforenaid
and on divers other days and times aa well be-
fore as after at the parish of Saint Giles afore*
said in the county of Middlesex afut
liciou^lyand traitorously did meetcui:
suit and kiLT ■-- — ■^^ themselves aiu \\\u\ tii.
versothcr rs whose names are lo Ih
said jurors ....^ wu. Tii to vaxsg levy and mak^
in^:urrection rebellion and war within thii
kingdom of Great Britain against our mu
loru the king and further to fulfil perfect an
I bring to efiect their most evil and wicked tre
son and treai?on able com passings and imagin
ations aforesaid they the said Thoma^s Hurdjl
John Home Tooke John Augustus BonneJ
Stewart Kyd Jeremiah Joyce Thomas W nrdk
Thomas llolcroft John Uichlcr w
Moore John Thclwall Richard Ho! |
John Baxter as such false traitors u 1 j
on the said first day of March in li
third year aforesaid and on divers uu^<
and times as well before as alter at tlie parisiij
of Saint Gile*t -i-rp^iia
Middlesex afoi'
]iciously and i
consult and ul
together with d i
names are to the &aid
MwfttlW wickrdlv vimX
rounty
irmtt ma
luwU UU
I, to %\\h
i>aiu ioiu uic *tiji^ iiuiu uii: juvii>ia.ic tiuc
Ji^ High Treason*
Wd mVemment of this kingdom and
f to fiiTnl prftVct Mil} bring lo crtcct ihcrr
ison and Ucasoniiblc
ton*! aforesaid and in
dually la Lrinnj
uanddeposilioii
LiiL- b.tiil 1 hntnas Hardy
John Augusitis Bonney
1 juiah Joyce '1 liomas Waidlc
\>ft Jtjliri ' Uicihler MaUhew
•lill liicliard llo<lgson and
1 li false traitors as aforC'
.... divers other false tmitors
rr. to the Jurors ^loresaid un*
aid first day of March in the
! ir dforesjiid Jind on divers other
^ t'^ well before a^ after al the
[ libresaid in the county of
I wiih force and »rni» naa-
'ijyly did prepare and com-
Tid there nialiciousiy and
III proiure lo be prepared
- books pamphlets letters
i> resohitiona orders
ml did then and there
i-tly publish and dis-
Ikere maliciously and
.. ,-ucure lo be published
•Sit! ^ other bookfi pamphlets
letti iiHtruf lions resolutions
Otdt' I he said several
^IM>♦^ iralions instruc-
tion n* orders adtlresscs and writing!*
90TV prepared composed published
duper^U iiij,j ruu!%ed to be prepared com-
puwd iMibli>!.hed atul dispersed as last
^orewa ptirpnriing and containing therein
(jiinotig^Suthrr thini;«i) incitements cncouragc-
ito w-^' nous to move induce and
le I H of our said lord the king
«id at ■ r into cft'cct such
u and deposition
oU'-- -.w ..*-w ,...._uiitaining therein
Other Ihing'^ mt'ormatiou instructions
Trrrlion^ lo the Md>jects of our said
Uow when and upon what occa-
loroui purpones la<»l aforesaid
" carried into effect and fur-
:md bring to etfect their
ison and treasonable
itions aforesaid they
John Home Tookc
Stewart Kyd Jere-
muJi iL ; I die Thomas Holcrofi
t J^llfl flJ \ I oore John Thel ual I
lirtr--^ iohn Baxter as such
l£tiks [ together with divers
fotbti .-. ^' nncs are to the
llli : lie satd first day
refllicrth I year aforesaid
■nd mi drrers othi J times a*3 well
befons fts odW at t ; i > of Saint Giles
WihnaM in ihc county of Middlesex afore -
nid inth forrr* and arms maliciously and
Umilorot!' iiorure and f>Tovide and
M cheu ' maliciously and tr&itor-
PMljr cmiuc a£id procure lo be provided
A. D. 1794.
[238
: and did then and there maliciously and trai-
I torously consent and agree to the procuring
' and providing arms and offensive weapons (lo
wit) guns muskets pikes and axes therewith
to levy and wage war insurrection and rebel-
lion against our said lord the king within Ibis
kingdom against the duty of the allegiance of
thcra the said Thomas Hardy John Home
Tooke John Augustus Bonney Stewart Kyif
Jeremiah Joyce Thomas Wardle Thomas
llotcrutl John Uichter Matthew Moore John
I Thel wall Richard Hodgson and John Baiter
against the peace of our said lord the now
knig his crown and dignity ajid against the
form of the statute in thai case maide and
j provided.
I Mr. AttorT>ey General stated to the Cotiit,
j that he had been intbrmed by the counsel for
the pri^ners, it was their intention the pri-
I soners should be tried separately. It was
; therefore his intention to proceed first on the
trial of Thomas Hardy.
' At tlie request of\lie prisoners' counsel^
the Court adjourned to Tuesday, October tho
SBth,
Sessions Haute in ihc Old Bailey , Tuesdatf^ Oc*
Present, — I^rd chief justice Eyre; loni
chief baron Macdouald; Mr, baron Hotham;
Mr. justice BuUer; Mr. justice Grose; aiui
olherJi his majesly's justices, &c.
Coumrt for the Crown, — Mr. Attorney Ge-
neral [Sir John Scott, afterwards lord EldonJ,
—Mr. Solicitor General [Sir John Milford,
afterwards lord Redesdale],— Mr. Serjeant
Adair, — Mr. Tiearrrofl, — IVlr. Bower,^Mr,
Law [afterwards lord RllenboroughJ,— Mn
Garrow, [alterwards a baron of the court of
Exchequer],— Mr. Wood [afterwards a baron
of the court of Exchequer.]
Solicitor, — Joseph White, esq. solicitor for
the afl'airs of his majesty's treasury.
Counsel farthe Prisoner. — The hon, Thomas
Erskine, [afterwards lord Erskine], — Mr.
Giblis [afterwards lord chief justice of the
court of Common Pleas],
Amitant Counhcl. — Mr, Dampier, [after-
wards a judge of the court of King's. bench].
— Mr. Felix \'aughan.— Mr. Gurncy.
Sidicitors. — Mc^sr*. George and HonMiil6
William Clarkson, of Essex street.
The cfjurt being opened and Thomas Hardy
set to the bar^ the juR>rs returned by the sh^
rift were called over.
Major Rhode, esq. cb^dlenged by the prxsoner.
Thomas Martin, oilman, not a freeholder of
the county of Middlesex.
George Jeffer^s, jeweller, not a freeholder.
Hu^h French, esq, challenged by the prisoner.
Robert Mellish, ship-builder, challenged by
the prisoner.
William Ilarwood| esq. challenged by U|j»
crown. "'
2m
S5 GEORGE HI.
Trial qf Tkomas Hardy
[SCO
|i4iie0 BagiLrtbj e«q. challenged by Ibe pri-
gbert Lewig, esq. excused on account of UU
ness.
[John Wiilker, esq, not a freeholder.
Ipeorgc Wade, hU>Gk<brokeT, challenged by
the crown,
f Thomas Buck, esq. sworn*
|-i'bofuas Ayliffe, esq, challenged by the pri-
I aoatr.
|yiu»nias Wood, esq. &woro.
Hiack Hudson^ esq. challeiu;ed by the prisoner.
floho MandeUy gent chafiengcd by the pri-
soner.
Henry Bullock, brewer, challenged by the
i crown,
L John i*owsey, carpenter and surveyor, chal-
I i^ged by the prisoner.
I CforgeCapes, esq> challenged by the prisoner.
[T'honias Rhodes, cow^keeper, challenged by
Uie prisoner.
\ Edward Hehne, esq. challenged by the pri-
soner,
[ leficry Holmes, esq. challenged by the crown.
William Fmser, esq, sworn,
r Jkpslcy Pellat, ironmonger, not a freeholder,
j Hugh Reynolds, esq. challenged by the pri-
i toner*
[Thomas Harrison, cow-keeper, challenged by
the prisoner.
I |>anitsl Cosset, esq. not a freeholder.
Uichard Meaux, esq, not a freehoMer.
Dicker Saunders^ e&q. one of the people called
quakers,
r (i^ailvert Clapham, gent not a freeholder*
I Jolm Leader, gent challenged by the prisoner.
. John Guci»l,esq, excused on account of illness.
I Charles Fuurdrjnier, stationer, not a freeholder.
> Adam StcinmeU, biscuit-baker.
Mr, Aittirney GeneraL — Are you a natiural
Jwrn subject ?
Mr, SUinmetz, — Ycs, — Sworn.
Alexander Baxter, esq. not a freeholder,
JSLichard Child, distiller, not a freeholder.
Jeremiah Blakeniau, timber merchant, chal-
lenged by the pri*yoner,
Robert Kilby Cox, esq, challenged by the
prisoner.
' Richar<i Hunt, esq. not a freeholder.
I James Payne, esq. challenged by the crown.
I fkJewell Connop, distiller, sworn,
; Jului Mercer, mealman, sworn.
^ JuKd Kixon, cooper, challenged by the crown.
) Thomas Saycr, esq. sworn.
Ifichaid Carter, esq. sworn.
^ ' ird Ualc, gent, challenged by Uie pri-
Itinner.
rgc Fillingham, esq. cluillcnged by the
prisoner.
Samuel Rudge, esq, not a freeholder,
VyiUiam Perry, esq. dbalknged by Uic pri-
soner.
^.lUJjard Goughi uq. cbftll^ged by U)« pri-
soner,
^ Josltiiifc Brookc6| dealer b btrd#» mil ^ &ec«
ho)der,
Tbomat Ijmttmc, esq. not » ffochoUkr.
Thomas Skipp Dyott BuckneJl, a«q. challenge
cd by the prisouer.
John Blfickburn, esq. challenged by the pri-
soner.
Samuel Mills, weaver*
Mr. AJiiU -My father left in hts witl all
his estate to my brother and me, and ap.
pointed trustee«», tiiid we are not by I he wilij
to be of a^e till we are thirty-Ave,
Joseph Bird, et^q. not a freeholder of Middle-
SCJ£,
Thomas Powell, esq, challenged by the prW
soner.
William Eraerson, esq. not a freeholder.
James Cook, esq. nut a freeholder.
Nathan iel Slonard, brewer, sworn.
Joseph Maw ley, gent not a freeholder.
Thomas Allen, brewer, challenged by the pn*
soner,
John Baker, esq. challenged by the prisoner.
Wiiham How, esq. not a freeholder.
James Smith, ei»q. (challenged by the prisoner*
Bryiin MarUiali, gent. cliaJienged by tlie pri-
soner.
Joseph Nicoll, gentleman farmer, 6woni.
Thomas Bird, dibtdler, not a tree holder.
Robert Vincent, e»q. not a freeholder.
David iCoberlb, esq. chalkoged by llie prW
soner.
George Brooks, esq, not a frexhiiWi^r
William Arnold^ cmj. not a i
Thomas Nijuin, esq. not a it^
Thomas bniith, ctq. clmlJeog^ by iIm firt-
soner,
John Citarrington, c^q. swum,
George Hi)^by, ti^q* not a freeholder.
Thomas Atleui oftq. challcngod by the pti*
soner.
Anflrew Durt, esq. challenged by the rrown.
Charles Smith, distiller, challenged by the
prisoner,
Archibald Paicton, wine merchant, challenged
by the prisoner.
Italph Keddy, e&q. not a freeholder.
John liarsley, esq. not a freeholder,
Wtlliam NicoU, larmer, challe^igied by the
prisoner.
Kdwurd Franklin, farmer excuied OJI acco
ol iltnr-ss.
Mv ley, coal mercbaotjchatteogjedllif
1, ■.-cr,
John Ihompson, brewer, chaUenge4 by the
prisoner.
Joseph Ainsliffi €sq. ivorn.
Thomas Buck,
Thomas Wood,
William Fraser,
Adam Slcinmelz,
N- lop,
Jo I
Tl'
m
iiAui Uoiiii; IumIu^, 4^r
Thomas Sayer,
Rjchard Cdrter^
Nullmuiel btou.uJ,
Joseph N trhol,
Johv
Jo-<
<ie«rfaigDfl)«
th
-[LUfc Uai, Cluk of
2U]
Jbr^High Treason*
A. D. 1794.
[343
Arraigns read the Indictment]. — Upon this
indictment he hath been arraigned, and upon
his arraignment hath pleaded not guilty, and
for his trial hath put himself upon Cod and
the country, whicn country you are. Your
cbar^ is, to inquire whether he be jguilly of
the Sgh treason whereof he stands indicted,
or not guilty. If you find him guilty, you
sre to inquire what goods or chattels, lands
or tenements, he had at the time of the
»{h treason committed, or at any time since.
you find him not g^iilty, you are to inquire
whether he fled for it , if you find that he
did fly for it, you shall inquire of his goods
and cliattels as if you had found him guilty.
If you find him not guilty, and that he did not
fly for it, say so, and no more, and hear your
evidence.
The Indictment was opened by Mr. Wood.
Mr. AUorney-Oeneral (sir John Scott). —
May it please your Lordship and Gentlemen of
tbeJuiy;— In the course of stating what J
have to oflfer to your most serious attention
ID this great and weighty cause, aflectui^, as ;
it certainly does, the nearest interests o\ the i
community, aftecting, as you will remember j
throughout this business, every interest which i
can be valuable to tlie prisoner at the bar, I '
shall have frequent occasion to call that anxi-
ous attention to the different parts of the in-
dictment which has just been opened to you.
I forbear to do so at this moment, because I
think that attention will be more usefully,
both with respect to the public, and to the
prisoner, given and required in another part
of what I am to address to you.
Gentlemen, the prisoner, who is before you,
stands charged (to state the indictment gene-
ndly) with the offence of compassing his ma-
jesty's death ; he was committed upon that
charge by his majesty's privy council : I will
eiplain to you presently why I state this and
the follow iog facts. In consequence of the
apprehension of this prisoner, of several
others charged by this indictment, and of
others whose names do not occur in this in-
dictment, proceedings of some notoriety were
had in parliament, and an act passed, em-
powering his majesty to detain such persons
as he suspected were conspiring against his
government. That act has asserted, that a
traitorous and detestable conspiracy had been
formed for subverting the existing laws and
^vcmmcnt of the country, and for introduc-
ing that system of anarcby and confusi9n,
which had ^o fatally prevailed hi France ; the
act, upon the spur of the emergency, which it
con tern plated, authorized the detention with-
out bail, mainprizc, or discharge, of the pcr-
Kns then in pri^ion for high treason, or trea-
K/Oable practices, or who should afterwards
te committed, for high treason or treasonable
prac tires, by warrants from the privy council
or seaetary of state, until the first of Febru-
iry, 17»5.
GentleiHen« this measure, which did not
suspend the opecaiiuii of the Habeas Corpus
VOL. XXIV.
act, that great palladium of English liberty,
but with reference to particular persons, un-
der particular commitments, for particular
offences, is a measure never adopter] in this
country by parliament but in cases, in which it
is understood, after giving all possible atten-
tion to secure the right of the subject from
being broken in upon, to be of the last possi-
ble necessity, and which has b^en repeatedly
put in force, in the best of times, in such
cases, where the wisdom of parliament appre-
hended that it was matter of their dutv to
provide that the nation should part with its
liberty for a while, that it might not lose it
for ever.
Gentlemen, appearing before you this ,day
in discharge of that duty, which I have been
commanded to execute and the execution of
which appears to me to be absolutely ne-
cessary, you will collect from the fact that
I do appear here this day, that, according
to the true constitutional meaning of such
an act of parliament, it is not that the trial
of such persons shall be delayed during the
period of the suspension of the act, but
that the act shall, with reference to the time
of trial, be allowed, in the ripbt execution
of it, an operation only to that extent in
which the uue consideration of the public
safety, tempered with a due attention to the
liberty of the individual subject, may require.
Gentlemen, the proceedings of tfiie Icgisla-
lature having been such as I have stated to
you, his majesty, constitutionally advised in
the exercise of his duty, as the great conser-
vator of the public peace, directed a commis-
sion to issue to inquire whether any such trea-
sons, as the presumption of such a traitorous
conspiracy must necessarily suppose to have
existed, had been committed by any persons,
and by whom. In the execution of the duties
of that commis*^ion, a grand jury of this coun-
ty, upon their oaths, have declared that there
is ground of charge against the person at Uie
bar, and against others, sufficient to call uoon
them, in a trial to be had before you, their
country, to answer to an accusation of high
treason, in compassing his majesty's death.
Gentlemen, I have stoted these circum-
stances, that I may convey to you, in as
strong terms as I can express it, this observa-
tion, that, as the proccedinirs of parliament
ought to have had (and I am persu idcd, from
the dclibrration which they gave the suljject,
that tlipy had) no inthienco upon the judicial
mind of the grand inquest, neither ought these
procecdin«;s to affect your incuiiriO!*, or to in-
duce you to Jinv dotcnninatioii, which you are
to make upon the issue, which you are now
sworn to trv.
Gentlemen, there is no one cirrumstince of
any procccdiuirs before parliameut, with re-
ference to which YOU ought to suffer your-
selves to be influenced in the trial of this is-
sue. It is obvious that such proceedings, us
were had in parliament, providing for «;rcat
emergencies, may be required and aulho-
R
8I5J
35 GEORGE IIL
Trial of Thomas Hardy
t^i4
f izedl by the genuine spirit of the constitu-
I tion, even in cases in which a grand jury might
not, upon any thing that could be offere<rto
ihcir consideration, be justified in finding a
I bill : it is muc:h more obvious, that, in a pro-
ceeding before you, a consideration of the wis-
dom and propriety of the acts of the legisla-
ture is not called for*
You therefore, gentlemen of the jury, will
conjider the prisoner as standing before you
rln f\i\\ possession of an absolute ri^ht to the
|*presumption of innocence, notwithstanding
l^e is charged with guilt by this indictment,
f us you will near, except 9o far as that presump-
[ tjon is met by the single simple fact, that he has
rl>cen accused by a grand jury of his country.
Gentlemen, before I conclude these general
^observations, you will permit me to say» on
I the other hand, that, if there has been' any
p thing that has fallen under your observation,
by act or publication— any attempt to make
_ impression upon the minds of those who
ure this day impanelled to try this great cause,
disparage inat advice, which, under the
Inmost responsible sanction, may be ^iven you
rin matter of law, to work in your mmds any
['prejudice either against the prisoner, or on
l^the prisoner's behalf; on the one hand I am
"cctly sure that your integrity will be secu*
tity to the public, that vou will not permit
lany ultcmpt of that kind to have any opera-
lion ; on the other hand, gentlemen of ihe jury,
Jl ajn equally sure that I need not ask from an
f English jury, that thcv would permit no such
rtttempl to prejudice lliem against the prison-
|€r at tne bar, — no, not even an injudicious or
Pill executed attempt, to influence them in his
^favour*
Gentlemen, in order to understand the law
Jl>f treason, and the indictment, I shall take
Pthc liberty first to slate to you the character
'lyhich I apprehend the king, for the protec-
[Jtion of whose person and government the
^itatute in question was made, has in the
Instate and constitution of this country.
r Gentlemen, the power of the "state, by
I vhich 1 mean the power of making laws, and
^forcing the execution of them when made,
13 veslea in the king ; enacting laws, in the
f one case, that is, in lus legislative character, by
rkad with the advice and consent of the Lords
[ipiritual and temporal^ and of the Commons
fin parlramerit assembled, assembled according
Wm law and constitni»onal cu*>tum of Eng-
ad ; in the other ca«e, executing the laws,
If hen made, in subservience to the laws m
Itnude, and with the advice, which the law and
the consttlulign hivp a*> signed to h-r*; i" "'
"^nost every in>tancc in which they h
rUOuii hum tuAii r.ir liu l»4-fu fit fit ' I
S.'
ffiOuvetic5 tcf* the yi i ex- i
ilcnceoh' ■ ' ,;i^ ronveniii_ • 'lom, |
ccording to ilio Uw and ctiston* al
y, he is bound to convene. Tin
it, aUJDg m liii royal pohtical t
capacity, and the I^rds and Commons thcrt
assembled, form the great body politic of the
kingdom, by wliich is exercised sovereign au-
thority in legislation. Gentlemen, whUstlhe
present law, the present constitution, andpre*
sent government of Great Britain, exist, no
law can be made but by that authority ; no
legislative power can he created against the
wul, and in defiance of that authority. Whe-
ther in any, or in what circumstances, an at*
tempt to create such a power is a treason for-
bidden by the statute of the Si 5th of Edward
3rd, I propose to examine presently.
Gentlemen, as in the king the power of
legislation is vested, as well as the executive
power of the state, to be exercised with con-
sent and advice, to be exercised according to
those laws, which arc the birthright and in^
heritance of the subject, having upon hioi
the care and protection of the community ;
to him, in return, the allegiance of every m*
dividual is, according to the law of England,
due ; that allegiance, by which the subject is
bound, in the language of the statutes of this
country, to defend him ** against all trakiorous
conspiracies and attempts whatsoever, which
shall be made against his person, his crowD^
or his dignity."
Gentlemen, to ascertain to whom this care
and protection is committed — to ascertain ttt
whom this allegiance is due, the breach of
which, according to the venerihWi Inrd Hale,
constittites high treason, is to tlie
peace of the community— to i and to
define accurately what constitutes a breach
of that allegiance, is essentially and abaoUitely
necessary to the security of ail that our an-
cestors have claimed, demanded, and insisted
upon, as the ancient, undoubted rights and
lioerties of our country.
Gentlemen, the former of these objects is
secured by the law and constitutional custont
of England ; that law which alike secures to
you every right, whether it be a right of pep-
son or of property. It has made the crowrr,
which his majesty wears, hereditary (ami I
beg your atleaiion to that), subject to lirai-
tation by parliament The latter object has
been most anxiously secured by the stati
referred to in the indictment, which brii
forward the charge, the truth of whirh yi
arc now to try.
Gentlemen, the kin* having this hef^^dilafy
M
crown, i1
certain'
inrimibent ujmn nun lo r^vi
fit of the subject, in the f >
''"t ^'-' » •' • '»- 1 fiim w.LM.i
irh duties
thc\
that
dolv '-■!
high tt
bre^cii <
to it; ht
IS
h
':-«
'At
«0
l-f
rs
thm MA hi& duue^ la that oalb| to whu:li|
S45J J&r High Treason.
Uiroiighout tlai5 biismcs3» I must agaio call
your uttctitiofi, ill tlmt oath which he is bound
I in him, at his coronation, by which
J- -^ and swears ** to govern the. peo-
ple ui Uu:i country/' mark the words, ^nlle-
mtlkf " according to the statutes in parliament
4igtt€d uucn^ and the lows and customs of the
mme ; that lo his power he will cause law in
justice and mercy to be administered ; that
hm will roaintain the laws of God and the
tf^^.v r.,-, ,t.i.<,ion of religion estiiblished by law.**
jcn^ this oath, stated b^ that great
£__ ^Liihlc coustitutiocril judge, Mr.
juiticc Foster, to be a solemn and a public
raeoguitioD, not only of the duties of the
Idogf but of tlie fundamental rights of the
peoptCp iioposeth upon hiro (and throughout
iltb oue H cannot be too slrtmgly recollected
iJtel tl iiDposcth upon him) the mo^t sacred
iMgiitJOD to ^m'crn according to the lavvs
—-' statutes in parliament agreed u pon, ac-
* J to lh« laws and customs of the ioot^,
ad no otiicr.
<leiitlemen, addressing this Court, which
ti a oourt vf law, iu whicli you, the jury, are
mcil to make a true deliverance according
lolbclawof England, can I impress it too
itnicigljr tliat it cannot be supposed by possi-
^'^' ai>l by possibiJity— thai the king can,
eolly with his oath, and with the an-
duly recognized in the exphcit en-
at, ihc terms of which you have heard,
.«^/acty or permil himself to act, as kin^
areonfitig to any rules of government, formed
1^ aitjr bodies of men, assuming any charac*
tcr, fooclions, or situations, those rules of
gifeflUAicDt beJB^ meant to operate as laws,
tit i$aihiie$ ^gremupon in parliament, and the
imM 9tmd emitomi of the same^ onli^ excepted f
CentletDen, it seems to me to follow^, as a
r eopdmion from the reasoning to
1 to a court of law, not only Ihat
conspire to remove the king out
her, but that those
9\\ him, unless he will
^911111 tbc p%Hjj*le iic-<::t>idmg to laws, which
am «>t statutes in piirlfAment agreed upon,
and the laws an; i of the same, or as
Ibt hmd of a i^o I framed and modi-
fici tr^ asy auUionty not derived from that
fHcifUBent, do tun spire to depose him from
ik^ rwyoi ** ' ' ' r, and governtaetit,
mhifh tM I iions, and to sub-
v«it asiS ; od govemmcot rob?
atrntlak^ im. Ue aught not
•9 to govt;.. irml (.o i/cjvpm^he
n bcnnd to rcAi ^ard
^ ftll lis conM^^ I the
I; raibUncc nece^^inly produces de-
I it CtKianjijcrs his life.
stktn
uf them, have assigned
irid responsible advisers:
nKicr various consti-
tions, with various
aaii jiTtiV5iiUvcs, as necessary for
I king^ upon whom these
^w and constitution, for
A. D. 1704.
the support and raainlenancc of the civil li^
berties of the people : they ascribe to him
sovereignty, imperial dignity, and perfection :
and because the rule and government, as es-
tablished in this kingdom, cannot e^i^t for a
moment witliout a person hhing that oiBce,
and able to execute all the duties from time
to time, which I have now stated, they as-
cribe lo him also that he never cciines to exist.
In foreign aftUirs^ the delegate and represen-
tative ol his people, he makers w;ir and peac!e,
leagues and treaties: In domestic cuuccras,
he has prcrogiilivcs, us a ronstiUicnt part of
the supreme regisbiure; the prerogative of
raising tiecls and armies; he is the Ibuntain
of justice, bound to administer it to his pc;o-
ple, because it is due to them ; the great con-
I servator of public peace, bound to maintain
i and vindicate it; every where present, that
these dtities may no where fail tif being dis-
charged; the tbun tain of honour, othce, and
privilege ; the arbiter of dome*<Uc comraerce,
the head of the national church.
Gentlemen, I hope I shall not be thought
to mispend your time in stating thus much,
because it appears to me that the fact, that
such is the character, that such are the duties,
that such arc the attributes and prerogatives
of the king in this country (all existmg for
the protection, security, and happiness of the
people in an established form ot government},
accounts for the just anxictv, bordering upon
jealousy, with which the law watches over
his person — itccounts for the fact that, in
every indictment, the compassing or imagin-
ing his deslmction, or deposition, seoras to
be considered as necessariiy co-existing with
an intention lo subvert the rule and govern-
ment established in the country : it i*» a pur-
pose to destroy and lo depose Aim, in whom the
supreme power, rule, and government, under
constitutional checks and limitations, is
vested, and by whom, with consent and ad-
vice in some cases, and with advice in all
cases, the exercise of this constitutional power
is to be carried on.
Gentlemen, this language, the tenor and
charge of every indictment, b roost clearly
expressed by lord Hale, when he says that
high treason is an offence more immediately
against the perxan and gifvermnrnt of the
king : I cannot &laic it more strongly lo you,
or from an authority, the uuthenticjiy of
which will be less questioned by those w^ho
are to defend the prisoner at tlie bar, than
when I state lo you the language of one of
the counsel for lord George Gordon upon the
last trial for high treason: iuderd it is no
more than what follows the law of England
as dehvered by all those great lawy^^rw, wlioso
authority, I am persuaded, will not be atr
tempted to be shaken in the course of Ibis
trial, when it states this principle iIuist —
« To compass or imagine the Jeath of the
king, such imagination or purpose of the
mind, visible only to its great Author, being
mauifested by some opcQ act, an institution
347]
35 GEORGE HI.
obviously directed not only to the security of
his natural person, but to the stability of the
^vernment, the life of the prince being so
interwjivcn with the constitution of the state
that an attempt to destroy the one is justly
held tu be a rebellious conspiracy against the
other."*
Gentlemen, it will be ray duty to state to
you presently what is in law an attempt
against the life of the king. It seems, there-
fore, that when the ancient law of England,
—And I would beg your attention to what
I am now stating to you, — that when
the ancient law ot England was changed,
which, even in the case of a subject, held the
intent to kill homicide, as well as, in the case
of the king, the intent to kill or depose, with-
out the tact, where a measure was taken to
effectuate the intent, treason, with a ditlercnce
however as to the nature of the acts deemed
sufficient, in the one case, or in the other, to
manifest the one or the other intent, that to
use the words of a great and venerthle autho-
rity, I mean Mr. Justice Foster, " it was with
great propriety that the statute of treason
retained the rigour of the law in its full extent
in the case of the king. In the case of him/*
says he, " who>e life must not be endangered,
because it cannol be ttken away by treasona-
ble practices, without involving a nation in
blood and' contusion : levelled at him, the
stroke is levelled at the public tranquillity." h
Gentlemen, that it may be iully understood
what it is that I have- to contend for in the
course of this trial, I put you in mind a^ain
that I have before stated, that, as it is abso-
lutely necessary to the security of individuals,
not less necessary to the security of individuals,
than it is necessary to the security of the
nation which they compose, that the person
and ^overnmf nl of the king should be thu*s
Trial of Thomas Hardy [Sig
should tarnr without goine to judgment of the
treason, till the cause oe snowed and declsied
before the king and his parliament ;" — in the
expressive language, which your ancestors
have used, when the provisions of the statute
of Edward were first mtroduced into the code
of law under which we live, and of those
statutes, by which treasons were brought
back to the provisions of that statute, tne
experience of your ancestors, thus handed
down to you, has demonstrated this necessity.
I admit too (and my treating the subject thus
in the outset may ultimately save your tim^
that before the statute was made, upon which
the indictment proceeds, the security of the
subject was not sufficiently provided' for. I
admit that security is not sufficiently provided
for now, if construction can he allowed to
give an exposition to the statute, which the
legislature did not intend it >hould receive.
I Gentlemen, iipon each of these heads it
I was necessary for me to trouble you ^ilh
I some, and but with a few observations.
I That the law of treason should be deter-
' minate and certain, though clearly necessary
! for the security of the subject, is not more
necessary for their security, than tiiat there
should he a law of treason, and that this Uw
I should be faithfully, duly, and firmly exe-
. cuted
I Gentlemen, every state imisi have some
; form or regimen of government; in other
I words, it must determine by whom, and under
I what modifications, the sovereign power is to
! be exercised in the country ; for no govern-
! ment can exist, unless this power is placed
somewhere : and the attempt to >ubvert that
; power is, in the nature of the thing, an
; attempt to subvert the established govcm-
! ment. It is of necessity that an attempt of
this ^ort sbiHild hegULinled ag^ain^tf
2491
Jiff High Treaton>
A. D. 1794.
[«50
IrglsUlare In Edward's time proposed, when I
Ihrv - '-'l the liacred staUitc upon tvbkh |
Ijji nt is Ibonded ; that stalute was
iii.iiJw ..>. i.t more precipe definition of this
crime, which, hv the common law^ had not
been «tiftitiently ciilencJfid, and *' the pkin
uuextenilcd letter of il," you will mark the
avoids,** lt>e plain iitiexiended letter of it was
Ihcnigbt to be a suflicieiU prolectiun to the
person and hunoiir of the sovereign'** but not
only to the perhun and honour of the sove-
reign, but ^ an ti(it'<iuate »tturiiy lo (he (awt
t^mmiiUd io his cjiecutinn^*
Gentlemen, in ad<lressing a jury in a court
of law» sworn to make deliverance according
to thai law which constilulcs the court in
which they sit, there arc two propositions,
[ which appear to me to he alike clear : — the
^^bst 15, titat I ought not, that I cannot dare to
^|bl upon you to say, that there has been
P^Stn milled under ttiis statute any oft'ence, if
f the facts of the case to he laid before you, by
plain, manifest, authorized interpretalioa of
the statute, do not constitute an offence
under it; — if the statute should seem to any
man, or to you, not to be a sufficient and
adequate security to the person ami honour
4>f the sovereign^ and the due exectitiou of the
laws, it IS nevertheless all the security wliich
the law has authorized you to ^ive thecn, and
Ood forbid that you should llunk of giving
IDOre» On the other hand, you are bound by
3'our oaths, if this law has been vioUlfd in
•kct* if the fact of violation is proved by
wdenre, convincing in its nature, and j^uch
ni its fono as ttie law requires (for the law in
I this case reqiiires not only convincing* but
furnial evulcnce), then you are hound to give
to the person and honour of the sovereign,
and to the laws iif your country, that prolec-
lion, which a verdict, asserting in substame
that the statute has been violated, would give,
•od wh»ch ihe statute intended should be
given*
Gentlemen, men of honour and of con-
icience, acting under the sanction of the oath
which they have taken, must come to the
saine conclusion, judging of the same fact^,
by the same law, whatever their principles ot
I government may be, unless they differ upon
L the effect of Uie fact* laid liefure them. In the
^.^Sifial of H person, whose name I shall have
r ^«bimdant reason to mention to you in the
^ courts of tins proceeding, I mean the author
of the Uights of Man, charged with a Hbei
Sigarnst the monarchy of the country, il was
judiciously, truly, justly, and strongly ad*
mitted in ettecU that, if the jury had been
composed (if there are twelve such men in
this Country) of re pubiicans, wishing to over-
turn thu govcrruuent of the totTutry, yet
u!. lug the law of Kngland, in a court
rn law, if they were convinced that
Lt had, according to that law, been
' no man would have the audacity
lu .^, ...vt tbcv Ciiuld be capable of that
cfiine <ic;ujnitt tJie pwblir, to think for a
in omen t of not coming to the conclusion,
which the facts called tor, according to the
law by which they were sworn to decide upon
the matter before I hem.*
Gentlemen, the stutuie upon which this
indictment proceeds, is to the following effect t
— il states {and it slates most truly), •* that
divers opinions had been had before this
time,** that is, the 95th Edward 3rd, •* in what
case treason should be sail I, and m what not :
the kmg, at the request of the Lords and of
the Commons, hath made a decbiration in the
manner as hereafter followeth, that is to say,
when a man doth compass or imagine the
death of our lord the king, or ofourlady his
queen, or of their eldest son antl heir; or if a
man do violate ihe king's companion, or the
king's eldest dauc; liter, unmarried, or the wife
of the king's eldest son and heir ; or if a man
do levy war against our lord the king; in hjj
fealm, or be adherent to the king's enemlet
in his realm, givin* to them aid and comfort
in the realm or elsewhere, and thereof ba
provaltly attainted" — by which words 1 under-
stand be attainted by evidence, that clearly
and forcibly satisfies the minds and con-
sciences of those who arc to iry the fact—
** attainted of open deed by people of their
condition,'* — then there is this, to which you
will be bound to give your attention for the
sake of the prisoner, as well as for the sake of
the public, the interests of both being blended
in this great cause ; — ** and because that
many other like cases of treaMin may happen
in lime to come, which a man cannot think
nor derlare at this present time, it is accorded
Ihat^ if any other case, supposed treason^
which is not above specified, dolh happen
before any justices, the justices sliall tarry
without any going to jutlgment uf the treason
till the cause be showed and declared before
the kiuff and his parliament, whether il
ought to he judged treason, or other lelony."
Ucntlemen, I desire to point out here, in
the must marked way in which I tan stale it,
the anxiety, with which the pdrhament
wished to preserve to itself the jiidgnienls of
lrcason% not being ihe specified ireasons in
the staliile, but being like treasons, those
which, by a parity cjfrtii 'tuning r*ii-ht be said
to be treason. They would nut tnist the sub-
jects of the country m the hand of any court
of justice upon that point I mark llie cir-
cum'tauce, because it appears to me to give a
degree of aulhorily to the law of Kngland
upon the Miljet t of trea*ion, and to the con-
slrucliuns, which have been made upon il,
and to the distinctions, which have been made
between like rreason>, and overt aits of the
same treason, that perhaps does not belong
to conj^tructions and di>Unctitms adopted in
the course of judicial proceedings upon aajr
other law in the statute-book.
Gcnikraen, having read the statute to you,
* See Mr. Ersklne*s defence of Paine, Vol*
^^, p. 415 of this Collection.
J
ivr\
35 GEORGE HI.
obviously directed not only to the security of
his natural person, but to the stability of the
^vernment, the life of the prince being so
interwoven with the runstitution of the state
that an attempt to destroy the one is justly
held tu be a rebellious conspiracy against the
other."*
Gentlemen, it will be ray duty to state to
you presently what is in law an attempt
against the life of the king. It seems, there-
fore, that when the ancient law of England,
— 4md I would beg your attention to what
I am now stating to you, — that when
the ancient law ot England was changed,
which, even in the case of a subject, held the
intent to kill homicide, as well as, in the case
of the king, the intent to kill oi' depose, with-
out the fact, where a measure was taken to
effectuate the intent, treason, with a dilfercnce
however as to the nature of the act^( deemed
sufficient, in the one case, or in the other, to
manifest the one or the other intent, that to
use the words of a great and venerable autho-
rity, I mean Mr. Justice Foster, •* it was with
great propriety that the statute of treason
retained the rigour of the law in it? fiill extent
Triid of Th<mas Hardy [S48
should tarnr without gpine to judgment of die
treason, till the cause be snowed and declared
before the king and his parliament ;" — in the
expressive languaec, wnich your ancestor!
have used, when the provisions of the statute
of Edward were first introduced into the code
of law under which we live, and of those
statutes, by which treasons were brought
back to the provisions f;f that statute, tne
experience of your ancestors, thus handed
down to you, has demonstrated this necessity.
I admit too (and my treating the subject thus
in the outset may ultimately save your tioi^
that l>efore the statute was made, upon which
the indictment proceeds, the security of the
subject was not sufficiently provided for. I
admit that security is not sufficiently provided
for now, if construction can be allowed to
give an exposition to the statute, which the
I legislature did not intend it should receive.
I Gentlemen, upon each of these heads it
I was necessary for me to trouble you with
I some, and but with a few observations.
I That the law of treason should be deter-
minate and certain, though clearly necessary
for the security of the subject, is not more
in the case of the king. In the case of him," ' necessary for their security, than that there
says he, '* whose life must nut be endangered, , should be a law of treason, and that this law
because it cannot be tiken away by treasona- I should be faithfully, duly, and firmly exc-
ble practices, without involving a nation in i cuted
blood and' confusion: levelled at him, the
stroke is levelled at the public tranquillity.'* h
Gentlemen, that it may be iully understood
what it is that i havf to contend for in the
course of this trial, I put you in mind a^ain
that I have before stated, that, as it is abso-
lutely necessary to the security of individuals,
not less necessary to the security of individuals,
than it is necessary to the security of the
nation which they compi»se, that the person
and government of the king should be thus
Gentlemen, every state must have some
form or regimen of government; in other
words, it must determine by whom, and under
what modifications, the sovereign power is to
be exercised in the country ; lor no govern-
ment can exist, unless this power is placed
somewhere : and the attempt to subvert that
power is, in the nature of the thing, an
attempt to subvert the established govern-
ment. It is of necessity that an attempt of
this sort should he guarded against, by severer
defended ; on the other hand^ for the security ' penalties than offences, which being hrcach^
of the suhjtit, it is equally necessary that
the crime of high treason should not he inde-
terminate, that It should not he unascertained,
or undefined, cither in the law itself, or in the
construction to be m<ide of that law.
Gentlemen, this necessity is not to be col-
lected merely in this country from reasoning,
though it may obviously enough he collected
from rea'iouing ; the experience of your ances-
tors has informed you, I admit it,' and I beg
to prc>s it upoii your attenUon, as much as
any man in this court can press it upon your
attention, the experience of your ancestors
has informed you, in the ju«t and hitter com-
plaints which are to be found in their annals,
of the periods, in which no man knew how
he ought to l)ehave himself, to do, speak, or
say, lor d<»uht of pains of treason, — in the
of parti( ular laws, do not endanger the very
existence of the slate itself, which do not
involve, in the dc«»truction of the state, the
destruction of all laws, hut which leave the
law, though violated in particular cases, .suffi-
cient, in general cases, for the protection of
the personal security, th.e liberty, and happi-
ness of the subject.
Gentlemen, this is also the reasoning of
that great judge, whose name I before men-
tioned to you, my lord Hale : — " The ercat-
ncss of the offence," he says, " and the
severity of the punishment, is upon these
reasons: — First, l)ecause the safety, peace,
and tranquillity of the kingdom is higlily con-
cerned in the safety and preservation of the
person, dignity, and government of the king,
and therefore the laws of the kingdom have
anxiety with whii h the statute of Edward 8nJ | given all possible security to the kiug*s person
reserved the judgment of all treasons not i and government, and under the severest
there expressly specified—** that the justices penalties.'**
Gentlemen, to describe this great ofience
* See Vol. 91, p. 589 of this Collection,
t Sec Foster's Crown Law, discourse 1,
chap. 1; sec. 9, p. 194, 195, ed. of 1799.
with precision and accuracy, was what the
* Hale's PleasoftheCrowDy part 1, chap. 10.
for High Treaum*
Ir^ildliire roposwj, when |
lijtjrr.*:' iie upon vvljtch i
thid ( is touiitieii i tliHt statute was
iMidc -re prrn!»e c)c6iiiUon of Ihta
whicii, ty the coincTum Uw, had not
•i^i'flittrnMv ixlcfstit'dj dnd ** the plain
uer or it," you will ruark the
iin uncxtei>dcd letter of it was
;^. surticifMl proleclion to the
air ot Ihe sovereign;" but not
o M.L yH.rsjuu and honour of the sovc-
l>Ot " un iieirtfytitc tfCurity to the iamt
mg ft jury in a court
, 'Jtliverancc according
Umi tAW wbicki eon&titutes the court in
^*ich tScy ait, tlierc are two propositions,
nemr to me to ht alike clear : — the
il I ought not, thai I cannot dure to
UjM>» you to my, timt there has been
R»fnilt«d under this statute any offejicc, if
i fcu of the case to be laid before you, by
rnanitejit, authorised inlerpreution of
tfaittiir^^ do not conritilute an oftence
it; — if the statute should seem to any
!, DC lo you, not to be a sufficient and
[tiAte Security to the person and liouour
.*..^....,., .^,,c| I he due execution of the
II the security which
t i . ,uu lo give them, and
11 should tn ink of giving
' r hand, you are hound by
this law has been violatrd in
ft Iff violation h proved by
:ig in its nature^ and >ucli
i.v requires (for the law in
not only convirjcing, but
jen you are hound ty give
honour of the toveretgn,
s uur country* that prolec-
V - ^ ' tancc
' Jive,
A. D. iim.
[250
tCfl,
I mpn nf Honour and of con-
' ianction of the oath
1, must come to the
ig of the same fact*,
v'er their principles of
^% unle»'4 Ihev differ upon
Inlaid be^nre tliem. In the
uu, whose name I th;iJl have
nfi in men t if in to you in the
II ihe author
' ith a libel
. i\ ni III*' ii'untry, it wa«i
juilly, and strongly ad-
.» * it,^ ...*y jj^^j ^J^^„
« h men in
' lo over-
, yet
court
1 thjt
, been
ni have tlie audacity
i be capable of that
a^^Ail tilt public, to think fi^r ai
moiwent of not coming to the eonclusion.
winch the facts called for, accor<ling; lo the
law by which they were sworn to decide upon
the matter before Miemi*
Gentlemen, the statute tjpon which tbis
indictment proceeds, is to the foliowujg cflcct i
— it states (and it slates most truly ),^ •* that
divers opinions had been had before this
time,** that is, the ?5th Edward $r6, ♦♦ in what
case treason should be sai<)^ &nd in what not t
the king, at the request of the Lords and of
the Commons, hath made a declarulion in the
manner as hereafter followeth, that is to say,
wben a man doth compass ur imagine the
death of our lord the king, or of our Udy his
queen, or of their eldest son and heir ; or if a
man do violate the king's companion, or the
king*s eldest daughter^ unmarried, or the wife
of the king's eldest son and heir ; or if a mtJi
do levy war against our lord the kin^ in hb
realm, or be adherent to t!ie king^s enemies
in his realm, giving to them aid aud comfort
in the realm or cbewhere, and thereof bd
provahly attainted'' — by which words I under-
stand be attainted by evidence, that clearly
and forcibly satisfies the minds and con-
sciences of those who are to try the fact— .
** attainted of open deed by people of their
condition,'*— then there is this, to which you
wiU be bound to give your attention for the
fake of the prisoner, as well as for the sake of
the public, the interests of both being blendod
in this great cause ; — ** and because tliat
many other Itkc cases of tr€a*<m may happen
in time to come, which a man cannot tWk
Ti*ft derlare at this present time, it is accorded
that, if any other case, supposed treason,
which is not above specified, doth happen
before any justices, the justices shall tarry
without any goiug to judgment of the treason
till the cause be showcil and declared before
the king and his parhkiment, whether ii
ought to ne judged treason, ur other felony,"
Uerntlemen, I desire to pt>ini ooi here, in
the most marked way in which I i an state it,
the anxiety, with which the parliament
wihhed to preserve to itself the judgments Oi
treasons, not being the sppcified treasons in
the siaiule, hut being like treasons, those
w^hiclu l»y a purity of nasomiig miiiht be said
to he treason. They would nut trust the lub-
ject'iof the coiuury in the hand of any court
of justice upon that point 1 mark tlie cir-
ctimstauce, because it appears to me lo give a
degree of authority lo the law of England
upon the subjecl of treason, and to the con-
structions, which have been made upon it,
and to the di^stlnctions, which have l^een made
between like treason^, ;ind overt acts of the
sam** Irrnson, that perh-p'- d^rs not belong
to constructions and i adopted in
the course t*l juduial , igs upon any
other law in the statute-book.
Gcntlcmeup having read the statute to you,
^ See Mr. Et^klne*d defence of FwOy VoL
d2, p. 413 of thiA CoUecUoo.
it it not unimportant^ as it seems to me, to
observe thtt Igrd little and Mr. Justice Foster,
who have itatcd the judidaJ and other cxpo-
iitionsofthis stjitute^ have stated tbeoi^ and
have eipoundcd the itatute, under the
weighty caution, which lliey roost powerfully
express ; under the solemn protests, which
tl^ey most fitrongly state, against extending
' is statute by n parity of reason. This cir-
imstance alone appears to me to give infi-
te authenticity to the expositions, which
_jey state of it, as sound, and as being such
AS, according to the interpretition, which the
legislature m Edward 3rd's time meant,
should be put upon this statute.
Gentlemen^ I think it may also save your
time, and that of the Court, if I trouble you
here by reading, before I state to you the ex-
positions of the statute which lord Hale has
giTen us, deducing them from judgments
which had been actually made in the history
of the country, the language which he holds,
as describiujg tbe obligations, which courts of
justice, ana men lookmg at this statute for
the purpose uf executing it, are under, to con-
itrue it according to the real specified mean*
ing, not by a parity of construction as to the
treason itself, when they came to construe it.
Lord Hale states it thus : — ** Although the
crime of high treason is the greatest crime
against faith^ duty, and human society, and
brings with it the greatest and most fatal
dangers to the government, peace, and happi-
ness of a kLngck>m or state, and therefore is
deservedly branded with the highest igno-
miny, and subjected to the greatest penalties
tliat the law can inflict, yet by these instances''
—he is stating those that had occurred before
the statute of Edward 3rd and between that
and the first of Henry 4lh — " yet by these in-
stances, and more of this kind that might be
given, it appears — firsts how necessary it was
that there should be some fixed antl settled
boundary for lids great crime of treason, and
of what great importance tbe statute of the
25th of Edward 3rd. was in order to that
end; secondly, how dangerous it is to depart
from the letter of that sULute, and to multipfy
and enhance crimes into treason by ambigu-
ous and general words^ — oj accroaching af
royal power, tubverting of JundamaHal taut,
and tne like; and thirdly, how dangerous it
IS by construction and analogy to make trea-
sons» where the letter of the law has not done
il^ for such a method admits of no hmits or
bounds, but runs as far as the wit and inven-
tion of accusers, and the odiousness and de-
testation of persons accused, will carry
men/'*
In another passage, afler having given his
eomment upon this statute — oiler bavin «;
italcd what are the overt acts, which fall
within tliu letter of it, and the sound inter-
pretation of it, he says, " It has been tbe
Conclusion of chapter
"> Pleas of the Crown,
II, part 1^ of
c^eat wisdom and care of the parliament to
keep judges within the bounds and express
limits ot this act, and not to suffer them to
run out upon their own opinions into con-
structive treasons, tliough in cases that seem
to have a parity of reason (tike taut ofUt^
ton), but reserves them to the decision of par-
liament This is a great security as well as
direction to judges, and a great safeguard even
to this sacred act itself; and therefore, as be-
fore I observed, in the chapter of levying
of war, this clause of the statute leaves a
weighty memento for jtidges to be careful
that they be not over-hasty in letting in con-
structive or interpretative treasons, not within
the letter of the law, at least in such new
cases as have not been formerly expressly re-
solved, and settled by more than one preoe-
dent." *
Gentlemen of the jury, I am persuaded, as
those were persuaded who conn uc ted the de-
fence of lord George Gordon, that we live in
days, in which the mdges of the country nei-
ther have the inclination nor the courage to
stretch the law beyond its limits* I mink
myself bound to state that; and those, who
dare to slate the contrary in any place, do not
do the justice to the country, which is due
from every individual in it.
Gentlemen, having stated thus much ta j
you, I now state, in order to be perfectly un
derstood, that I do most distinctly disavoi
making any charge of comimctivt treason j
that I do most distinctly disavow stating *
this indictment an^ Itke cam of trcaton no
specified in the statute ; that I do most dii
tmctly disavow stating any thing that can be
called cumulative treason or anaiogout treason ;
that I do most distinctly disavow enhancin
anif thing, 6y a parity of reason^ into treatoi
which i* fiot spectfted in that statute ; that I do"
most distinctly disavow enhancing crimes ^
any kind, or a life tpent in crimet^ if you
choose su to put it, into treason, if it be not
treason specified in the ttaiute ; and the <^ues-
tion between us I state distinctly to he tins —
Whether the defendant is guilty of a treason
tfecifitd in the ttatuie, and whether the evi-
oence that is to be brought before you amounts
to that proof, that will be satisfactory to your
minds and consciences, your minds and con-
sciences being prepared to admit no proof»
but what you thmk you ousht to receive
under the obligation o? an oatli, j ' " h
enough thai he may be ^* provabl.. 1
of open deed,'* of a treason specthea m tne
statute.
Then, gentlemen, to state the charge to
you :— The indictment charges the defendant
with compassing and imagining the king's
death, and witli having taken measures 10
effectuate that LMiruoi-cr^ Now, that it may 1
thoroughly un ,i>u will permit me 1
state to you hr i i >crc is not only a i _
nifest distinctiou m reasoUi but a settled, dia*
• Ilale*s Pleas of tbe Crown, part ]| cb. t^.
Jhr High Treason,
§00 in tlie course of judicial practice, set'
1 for tio other cause but that it was a ma-
st dbttactioQ id reason, between—*' like
CttOi of treason/' constructive, analogous^ or
«miiitive treaaons, and various overt acts
•f Ifae ttcne treason.
Gmtieniieay whether the acts laid as overt
I of treafiOQ, specified in the statute, ami
in the indictment, amount, in all
iblrcircunistances, to an open deed, or deeds
W which a person may be provably attainted
01 the specined treason^ is the question which
are to try* To explain myself upon
'l take it to be clear, and I wiU not, in
igQ of the business at least, ejitcr into
■MtftNou of what I call the clear and
I law of England, because I will not
of high treason, any more thi&D I
t in a dispute about the estate of any
I who hears me, for the purpose of
|MM| |M>tnts enter into discussions upon
■I 1 Ukc to be the clear and €stLib]i<^hed
f ikf England; and not only the security of
i iuhjcct in this respect cannot, but the sc-
r of the subject in no respect, in his ^ttv-
lilr, <^>r his property, can be taken to
•liil iiiitry, if I am not as fully au-
I^Mlit' i^ to you, with a3 much confi-
4nC9t what the law is, incase of treason, from
\ deci*'ions, which for centuries have been
" ! in courts respecting il^ as [ am to state
M, ff^im decision:* of courts respecting
~|lopeTty, what the law of property is. I say,
1 Me it to be clear that deposing the king,
tTttTl**|^ bt4} measures fur deposing the king»
iai>lfin^ with foreigners and others to in- !
rlbc fcT ' 'nlno; to a foreign country
not" the kingdom, or pro- |
J Ui i^v ti.tic 10 that end, and taking I
'•lejl io ortler llierctu— conspiring to raise
ection, either to dethrone the king, 1
the king, or oblige hmi to lUter h\%
le^ ofL-ovKruinent^ or to compel him to
lurs from him, are, and
^ Mr. Justice Foster says,
\ ik^il 111 mtent to do that trea>
, whicli ued in the statute to be
t «c1a ul tiCii^ii in compassing the k ing's
: Jinary if these great
Her holding the Ian-
> ere to be rcpresenl-
tiag themsclve.s un-
" ' r that weighty
I to those who
ilofjud|;mrnt:
J the words in
have handed
lite, who would
I i4h vahied the
rUt«Mi iUur iouulry, b^-lorc they would
ebar^fnl**!* Itkf» rase of Ircuwiti** in an
diclfliri,! , have concurred (^s
I the jii< I have done, and the
' Iruc-
^ fact
I lia> c ut;^il utjiiju
y^^K
uuit all
A. b. 1794, [25*
these things are overt acts of the same IriBa-
soUy that is specified in the statute. What is
the reason of it? because the law holds that
he, who does an act, meaning to do it, which
may endanger the kin^^'s life, compasses and
imagines the death of the king, if he does ao
act which may endanger his hie, if in the or-
dinary course of things^ and according to the
common experience of mankind, the measure
which he takes, in pursuance of a purpose to
take it, will bring the king to his grave.
This therefore is not raising constmctive
treason, it is not raising treason by analogy,
it is not stating *' like cases of treason^* not
specified in, but reserved by the statute to I
judgment of parliament^ but it is stating ov4
acts, which are measures taken in pursuant
of treasonable purposes, which measures
must necessardy be as various in their kinds,
as the ways and means, by which, in facta
and open decd^, taken in pursuance of its
purposes, the human heart manifests its in-
tent to commit some one or other of the trea-
sons speci&ed in the statute.
Gentlemen, the reserving clause in the act
is extremely material; and, if courts and Ju-
ries have done wrong in the manner in which
they have executed this statute, if the inter-
pretations, which they have made of the sta-
tute, arc not right, they have done it against
a prohibition in the statute, which they were
called upon by their oaths duly to eirpound,
and they have done it in the presence and
under the eye of that parliament, which had
expressly forbidden them to do it* I say the
conclusion upon that i», tiiat they have done
it rightly.
Gentlemen, the judgments of the courts of
law are in this country perfectly familiar to
parliament. Acts have been made, over and
over again, in order to bring back the cxpo«i-
tions of the law to the true construction, to
the letter, which is the true construction, in a
sound judicial sense, to bring it back again
to the statute of Edward lird ; but we have
lived to this hour without parliament tliink-
iog that they were to make so perfectly a dead
letter of the'letter of the statute, as that they
should say that an overt act, which expressed
and imported the imagination of the mirul to
do tlie treason specified, should not be taken
to be an act of high treason witiiin the sta-
tute ; because the statute only mentions the
thing which is to be compassed and imagined,
and does not mention the ways and meanS|
by which the human heart may show and
manifest that it does compass and imagine
what the statute speaks of.
Grnticmen, this is not all, because this is
not only according to the law of England, a^
it is administered m covirts of justice, but als<)
to the proceedings in parliament, which are a
parliamenlary exposition, if I may so slate il,
of the law. Proceedings iu parfiament fjavt
been had, where the sFatutc has been thus
construed, and where this disUnctton tliat I
ans stating between overt acts of the specified
not
ree '
,,a^i_
treason and Ihe " like cases of treason,' * has
been expressly take o, exprc««ily sictetl upon,
proposed liy one huiKe uf the i " lo
tlie other hun?***, m\t\ ruled upon ava
IQ eiccuiing llie «*entciitea ut ttiat hr-m^c.
Genllemea^ the disiinr.liori then is only ihia
•-" a hke case of trP4Vj»>*' is a case of treason
not spectiied \n the ?tt»lutc, a <;tseof the like
luiscriiel. as a CK?,e i^pecilicd in the stnlnte;
but the identicdl case specified in the .statute
must be before yon, or, to avoid all dispute
upon the subject, I say, if it be a case thnt is
not specififid in the statute, it ii> a ca^c that
must be shown to parliament acxording to the
directions of the statule ; but that facts alike
isi their nature^ that open deedt^ alike in their
nature and tendency, however various in their
circumstances^ muy prove the same intention
to exist in the minds of those who do them,
;ADd muy l^ measures, taken in pursuance of
the same purpose, and to effectuate the same
thing, )s a distmclion that appears to my mind
to be perieclly obvious.
Gcntktnen, 1 conceive, therefore, that the
Question of compassing the king^s death is
tiiis — ^wh ether ihc jury are fully satisikJ,
eonscicntiwisiy satisfied, that they have tliat
evidence, by which they find that the acts,
laid as overt acta of compassing the parti-
cular specified treason mentioned in the in-
dicUnent, were measures taken in pursuance
t^f and to effectuate that treason, specified at
once in the sitatute and in the indictment.
Gentlemen, I protest for myself I am sorry
to trouble you thus much at large by general
reasoning, but you will find Uiat it has an
applicatiiin, and a close application, to the
ease. This is an important public cause, and
there/orc we should be thoroughly understood.
I cannot understand what cmifiiruclive overt
acts mean, though T do understand constructive
treasons. Levying war agaiost the king, not
aeaiuht hi^ pprson, but against liis royal majes-
iclive treason; thatis,ifmenassem-
l i-r without any intent to do an act,
which in the natural consequence of things
will affect the king's life, such as pulling down
all prison* or houses of any other description,
that is constructive treason^ it being, by con-
struction, as Mr. Justice Foster says, against
the king*s royal majesty, not levied against
his person : not one ^d the acts of a more fla-
Sitious kind, wilfully done or attempted to be
one, by which the kin;z*s life may te in dan-
ger, but which are levelled agiiinst his royal
majesty; these have by construction been
Ik- Id to bt* trcASon ; but fiven these the legis-
lature h^iN ncvr r considered as not authoriied
I
; these they have
i" ' ' '
1 upon in the coun-
uy &(> soMM
r-. and constructions upon
lh<* set fvt 1
; many h:iv<» hfen r«»n-
Y |, i, ,:
,i; execution i' cd ;
^
ii mer dnuUed law
t>
niitiUUS, But,
w
of compa%m$:
the indictment laYS the imagining andcom^
pasting a"* the oltence, the overt act is not
constructive, the ^tep taken to effectuat'e it
must be such an act, wiHully and deliberately
done, as must satisfy the con*>cien< , V
that there was an intention* by il
otherwise, to put the kin - - c&, ui
which, accordmp to the riencc
of mankind, his life wouUi ir
Gentlemen, I have before i u^ for
another jinmovr vNTtiiii* urfv ^^, ^^ uvert
act^ of t« ^h. I wifj
repeat iLi ^ , ; him, — en-
tering into measures to depose huu; — consplr^
ing to imprison him,**— which you obfcrve ia
au act that may be done without an actu^ ia«-
tent to put him to death,— a man may con*
spire to imprison the king without an actual
intent to put him to death, but you will fund
the reason why that is held to bo compassing
and imagining the death of th« ktng, witn
the sanction of all times since this statute of
Edward 3rd, and with the sanction of every
species ofjudiciai authority, which the coun-
try could give; ** to get his person into the
power of conspirators." — Why is all this Xresr-
sou } *^ Uecausc," says Mr. JusUcc Foster,
^* the care, which the law bath taken for the
personal s^afcty of the king, is not confined to
actions or attempts of a more lUgitious ktnd,
«uch ai attempts either to assassinate, nr lo
poison, or other attempts, directly and imme-
diately aiming at his life; it is extended to
every thing, wilfully and deliberately done, or
attempted, whereby his life may be endan*
irered ; and therefore tlio entering inlu mea-
sures for ' I or imprisoning him, or to
get his [ the power of the conspi-
rators,— tiitL>c uiiciiccs are overt acts of trea-
son within this br&flch of the statute; for ex-
perience hath shown that between the prisons
and tht! graves of princes the distince is very
small,"* and ei peri euce has not grown wca"
upon thia subject in modern times; offem
which are not so personal as those &lre
mentioned, have been, with great proprie
brought within the same rule, as having
tendency, though not so immediate, to the
same fatal end.
Lord Hale, upon i" ^' r
conspiracy be not :
' , ' "' ' ui MIC K'ai^', tJll^ 111',;
ng that in all p-i.hi
risons
kiKi iiiugiuiiig uic UL-aui u( ine kin^ whcic
such
ElCtlC
a thm^ as mr
> prove tlic com jt...
instance he gives,
is this ; ** If men
tinj: by force and a
\irlikd to ccttain ''
& dc<iUi.
amo ia ui
' t
Tlie
tc\t,
thel
hath
pufi
U n.
king
thes
i.e
'I
iLrentinllie
* Foster's Crown L»w»i dboomaa 1> chip.
1.«cct. 9.
Jhr High Treason*
Vich has been assigned
r: •* for it is m ctfccl to
"dtL^jM^ uim ol hts kingly jjuvcriimenl/**
Thttr arc the words of JortJ Hafe ; mu} ilioticli
1 ' 1 ird Hale iind Mi,
t in words, tliey are
lL V be said, with
; a king of his
the
, >the
all Judi-
th; *tt is
<iy^ litauiHe il i!» a tempo-
'jt his kingly government,
r^io this inter i>reLation of the
• s m dciith.
<es not so personal as
I wiihin Ihe s^ime rule,
lency to llie same fatal end:
«o1 ill war with you^ the of-
'' " ^ r - , ounir)\ or pro*
[ ny step thereto
1 ^ i.^.^.i^..v.. , into tliis king-
I uablc purpose, can only fall
^ irVi i»r Treason of compassing
* lie at war with you,
t t.s to another species
o( tz9saoity which is an ** adhering to the
bog's rtremici f* and perhaps you will find
tet I I have to slate is not withoyt
peon . . J ce of this species of overt act.
<Spuilt.ni<:n, having staled thus much to
jgw, I proceed now to consider the indict-
Btftti; lu^ what 1 have stated, before I men*
tMned ihs sub&tance of the indictment, I
liars itelcd to by in my ckim to full credit
with yqa, when I aay, that no man Jiving
eu with to express to you more strongly
UiiQ t wifth to do (we have indeed, each of
111^ ^ ,-r. %♦ nn ititfTe«t HI the truc construc-
boci I- : . as any other man can have
mil)* Uw of treason, in consider-
ing tba charge, that I have brought before
foa aukr the command that has authorized
wm tP hm$ tl here, must not be extended one
ittllr if^ttj beyond \rhnt is the cslabUshed
law u tied as the law
Ut V ny that you
hmtg^i \ t ^ ou taay j^ive to whom you
CScwii*! ' ijent, finding several
MfMifMlMJ ; separately, though
wdittr^* - 1 particular act,
^tMtij , has tliarged
f^it^ iind
•li - : .,. vn to
veil act to mii^
with jiMcling
inl a
-ft to
Wbt; n]y a
A. D. HM*
[258
hut to be held ft and in or^cr that the
persons to be at tuch convttttion and
meeting should and mighty wickedly ttnd (rai^
torotnli^, without and in drfiancc of" the fiutho'
rit^^ and (tgaimt the »»// qf Ihe parliament of
(hi* Hn^dofft^ f^ulroett itnd niter the (egtdature^
r«/f, and gtrrcrn/nrnt estahlisfifd in tt, and 4€*
pose the king from (he rnyal itatef titles power ^
and gmurnrntnt thereof*
It then charges ihtin with having com-
posedf written, and published, and caused to
be composed, written, an<l pubhshed, divers
books, pamphlets, letters, instructions, reso-
lutions, orders, dccbralions, addrest^es and
writings, such hooks, pamphlclSj letters, in-
structions, res43lutions, orders, declarations, ad-
dresses and writings, so respectively composed,
written, published, and caused to be composed^
written, and publis^hcil, purporlins; and contain-
ing therein (among other things) incitements,
encouragements, and exhortations, to move,
induce* and persuade the subjects of Itjc king
to choose, depute, and j^end personi*^, as dele-
gates, to compo*^c, not a convention, but
stCH a convention and raceling, that is^ a
convention to ad in the manner that the first
ot>€H act hat stated i/, to be holdtn/or the f rai-
ioroui purpoics before mentioned.
It then Estates,' as a thud overt act, consul-
lations among them, how, when, and where,
tuch convention and meeting should be as-
sembled and held, and by what means the
subjects of the king might be induced and
moved to send persons as delegates to con-
stitute it.
Il then charges, that these persons did con*
sent and agree, that Mr. Joyce and several
other persons named, shojibf meet, confer,
and cO'Operate among themselves and with
other traitors, to cause the cahin|j( and assem-
bling such convention and meeting for suck
traitorous purposes.
It then charges the providing of arms, of
different descriptions, fur the^e purposes ; and
then it charges a conspiracy lo make war in tho
kingdom, and it charges a con spuacy to subvert
ana alter the legislature and government of
the kingdom, and to depose the king t that
is, as I understand it, that, if you should not
be satisfied that the calling such a convention,
as is mentioned in the first part of the indict-
mcntt was a mean to effectuate that com-
passing and imagination y which is mentioned
in the introduciury p;krt of the indictment.
Yet vou will find in the cvidenct*, whiclj is to
be laid before you, even if you pay no atten-
tion lo that circumstiiicc of callinL; a conven-
tion, sufficient evidence of a conf^jiruci/ to de-
pute the king.
It fhrn states acr^in, that they pyblished
K'v r in Alters of the sara«
kiii . about the traitorous
J>urpo^LS la^i mcht^ntd ; and citargcs, as a
arthrr overt act, provuliug arms for thai
purpose.
Now, gentiemen, havjim before stated to
you, thai a conspiracy ladcpojetheking,—
;>
259]
35 GEORGE III.
Trial of Thonat Hardy
[S60
ami I have not slated it to you in my owii
vortl'^, but ill the words of the authorities I
nicnlioiu;*!, — ihsit a ronvpiracy to depose the
kiiiLs thiit II < oiispiracy to imprison tlie iiiiip,
a Ciiiisjiiriuy to procure an invu.tion, witli
steps tiikcM \ii eHcctuale fucIi a conspiracy (a
coiii-pi-.u> iinitrd itncirij«:iiig a step for tliat
piirpo^'f J, is lie.ison ; yoii will observe that
in thi.-s iii(ii( tnicnt, a conspiracy to depose the
king i> t.yprr&^ly charged, and, 1 think, it
will hf. (Unrly proved. If a conspiracy todc-
pobC the kini; he an overt act of hiiih treason,
permit me th.vu t^o a^^k yon, what can a conspi-
racy to suIjnmI I ill; moiianliv of llir country,
incliidiiii: hi it tli« dcpo^ilh^n (jf the kinu% he,
but an overt .ut c,f liiLli tna^on r In the (»b-
jcct of such a con-pir.u y the kinj; is nece*»'*a-
rily involved, and it i- already shown ih.it
conspiiin:! to depo>je him is compassing his
death.
Cientlemcn, read as yon are in the history
of the countrv, i-ive \uv. I»a\«- lo ask you, \(
measures had been taktn, aii<T the* devolu-
tion, to cfli-ctuate a con>pir;icy to dethrone
kinj; WiJIiiini, and to reMore king James
^'itliout all donht, the measure taken, would
Iiave constituted the crime of liij;h treason
ivithin the clause of compassing the kinj^V
death, althoui^h the conspirator^ could have
been shown satisfurtorily to have no more
meant the actual nutural death of kin;;
AVilliam, than they mrant the actual natural
death of king .hnnes, whom they intended to
replace upon the throne— but what says the
law to that ;- the law ^ays you cannot mean
to depos«; the king without meaning to en-
danger his lili-, and if you mean to endanuer
his life you nni-jl abide theconsetpnnces ot^^it.
Tut it another way — If the project had
been to depose tlie same king William, and
measure*^ had been tuken nj)on it — not with a
view lo brintr back to the throne king James
2d, but incniy to send back king William to
his former ch.irartcr of I'rince of Orange, and
not In reslnrf king James, but to restore a
connnonwcdth, wliich is what, I think I
sliall sili'-fv you, tho>e, who are charged by
this iniliitnunl, meant by ** a full and fair
repreH'nl.'.li.)n ol the p.euple," whether you
call it *• a lull and fair repre.-entalion of the
people in parliament," or do nuL u^e the words
" in jiarlrnnent," can a lawyer be found to
say, that it (oiild be stated in law, that it is
not hiuli trea-on? I do not know what may
not be >X'aU d- all that I mean to say at pre-
sent is that a(C(»rding to the be>t lights
"which I can L:rt of the law under which 1 have
lived, it doc." not :.pj»ear to me lo be probable,
that any man will so state it. I'ar be it from
me, how<-v(T, to have the vanity to say that
(avowiuLT that 1 should certainly not think of
encountering the curn'nt authoiilies of the
country for centuries) I am, without the pos-
sibUity of contnuliction, slating that I am
following the authorities of the' countrv for
centuries ; l)ut 1 am ready to sav this, tnat I
cannot conceive or imagine b)[ what species of
wiling, or upon wEat priucipic, or upon
what authority, il is to be contended, that
this would not have been high treason.
Gtntfemcn, take \\ another -wa^f— if the
regicides of kinc Charles 1st had been tried
for compassing the death of king Charles IsL
supposing they had only deposeahim, instead
of putting him to dcatii, could they have
contended, that though they would have bees*
guilty of high treason if they had placed an-
other individual upon the tlirone (which would
have been alike to the case I have put, of
( ons|)iring to put James in the place of WU-
liani), coidd they have contended then, that
they were not guilty of high tieason, because
iIkv deposed the king without substituting an-
other king in his place; and because they left
the government to be tilled up by the common-
wealth, without a king ?
(.Ii\e me leave lo ask another thing — sup-
pose it had happened after king William came
to the throne, that not lluise events, which
did adually happen, took place, but that any
set of men in tliis country should have ven-
tured to meet in a convention of delegates
from iithliated soci'-ties, tor the purpose of
deposinij king William, under pretence of
as>embhng a convention of the people, having,
or claiming the civil and political authority of
the country, and intending to have no kingm
the country, would it have been possible in
king William's time lo have contended, be-
cause they met, under pretence of being a
convention of the people, assuming to them-
selves civil and political authorily, and with
such meaning, that the conspiracy was not
a* completely a compassing the death of
king William, as if tlie conspiracy had been, by
the same persons, in the case of afhliated soci-
eties, forming the like convention of delcMtcs,
to bring king James again to the throne?
If I levy war hi this country against the
khig, with intent to bring another upon the
throne, I am guilty of high treason. If 1 levy
war, that is an overt act of compassing the
king's death. If f conspire to levy direct war
that is a compassing ot the kin<^\s death, ui^
less all the branches of the legislature have
put a man to death upon an error. If I hold
a fortress * against the king lo put another
* " Holding a castle or fort against the
king or his tri»ops," says Mr. Kast, ** if actual
force be used in order to keep possession, is
levying war, but a bare detainer, as suppose^
by shutting the gates against the King or his
tro<jps, without any other force from within,
lord Hale conceiveth, (says Mr. Justice
I'oster), will not amount to treason. The last-
mentioned judge has not told us what degree
of approbation he gives to this instance of a
detainer, which, as he says, lord Hale con*
ceives not to be within the statute.
f To these words I find the following note
by Mr. Hargrave, in his copy of £ast*s P.C.
now in the libraiy of the British Museum:
■* Note, that the supposed case conies fiom
Fosleri not from Uale,''
961]
Jw High Treason.
A. D. 179k
[262
upon his throne, I am guilty of high treason.
Am I guilty of noofi'eucc if £ do the &ainc acts
not forthejpurpose of continuing the monarchy
of the country in another person, but for -the
purpose of destroying the monarchy altoge-
ther? What is this but doing an act mvolving
in it high treason, and more? High treason
in deposing the king! more — in bringing
about all that additional anarchy, which we
knoWy which the experience of mankind
proves to be consequent upon the cliange,
where the change is not only of the persons
vho administer the government, but of tlic
government itself, if destruction can be called
Gentlemen, to assert thercrore that mea-
sures, taken for a total subversion of the mo-
narchy of the country, including in it an in-
teation to depose the king (mark the words, I
state, including in it an intentioji to de^tose
** It may be fairly questioned, whether
there be not many instances of constructive
levying of war far short of the real guilt and
consequences of such an act, and much less
within the true meaning ofthestat. 25 Kd.
Srd? Lord Hale prefaces the passage in question
thus: If B. either Jortifj/ his awn h(tuse, or
the house of another^ with weapons thfcnsive
or intasite, purposely to make head against
the king, and to secure himself against the
king's regal army or forces^ then that is a
^trying rf tear againU the kin^. He then
iTOcecds. But the bare detaining of the
king's castles or ships seems no Ictying of
rcr tcitkin this statute, Ath\ his lordship
refers to a subsequent part of his work, where
he grounds his reasoning solely^ on the stat.
U fjiz. c. 1. having enacted the same thing§
during the queen's life. This, if it stood,
alone would not be a concUinivc argument, as
might be proved by many lyassage**, as well
the kin!:\ are not overt acts of cninpassing
the kinj;'s death, merely benni^'C llw >talntc
of Kdward 3rd, lias liot included all overt
acts in words, but as left to juries todctnrniine
what are overt acts, by which they (an proba-
bly attaint — to assert iliat the bUilute does not
include the case, because it ir; coin passing the
deatli of the king, «//(/ wore; iftliis were to
be asserted in a court of justice (what is as-
serted out of a court of justice no man pays
much attention to), 1 should certainly say of
it, that it was the assertion of those who had
ill considered the law; and if ass(.Ttcd out of
a court Oi' justice, and with a reterence to what
is to be done in a court of justice, I should
say it deserved to have an observation of a
harsher kind made upon it.
This indictment, besides charging a conspi-
racy to depose the king, in express terms, of
which I shall insist betore you there is abun-
dant evidence, charges a conspiracy to cull a
himself, with the same intent? lur the man-
ner of pulling the first case suj>poscs that no
resistance has been actually made. f)n the
contrary, is not the latter case, put by lord
Hale, as much at least within the na^on and
contemplation of the stat. 'io Ed. 3rd, as the
former one ? Is not the art of ibrtifying a
private house, which may happen from caprice
of a more equivocal nature in it^^elf than that
of a governor of a fortress refusing to deliver
it up to the king upon his sununons, and
shutting the gates against him. A<imilting,
that this latter is not conclusive evidence of a
traitorous intent any more than the otiicr;
yet surely it seems sutlicicnt to Ic.ivc to a
jury. Jt is holding a castle af^mnst the
king, which is as much an act tjf hostility,
and a throwing oft' of the allegi luee due to
of the ordinary preparali*.ns of
hiin, as any
-..g... .^^ , J J , -a-, - war are admitted to fall within the distription
fts by the express declaration of the same of levyiiig war, though no act of lor'C has
author. I5csides which, that statute was cer- been in fact exerted. In the caj»e of I'lc earl
tainly creative of new treason; lor it makes
iht wilful and malicious burnmgof the queen's
ships treason, without any farther mialifica-
tioo. But, most of ail, I fmd it dimcult to
reconcile this opinion with the preceding part
fS the passage which I have referred to; for,
supposing a treasonable intent to exi'^t, what
.^uiid distmction can there be belweena man'b
fortitying his own or anotlicr's house, pur-
posely to make head against the king, and to
secure himself aguin>t the regal Ibrces
{which is admitted to be an overt act of levy-
ing war), and the ca^^e of one who detains the
posrcssion of the kiii::*s own fortress against
i " I do not so understand lord Hale.'*
llarerave, ut sup.
5 ** Not quite so ; I apprehend lord Hale
j>uis the case of a hare detaining ; the sta-
tute that of a c2e/ainin^' maliciously or rebclli-
'Tvfy with force f and not rendering the same
KkAm six days qfier proclamation,'^ Har-
graTc.iUiifp.
of Essex, it is even said, that keeping armed
men against the king's command is a levying
of war against him (but this mu^^l be uiider-
stoofl, that the purpose for which thcv were
armed was treasonable), whicli is a far less
deci'-ive act of opposition than the ot'ser, nnd
lord Hale himself, speaking; in .mother ]>huc
of the stat '20. II. c 13, say-, th it iliat p..rt of
it whereby tiie rebellious det.iiuin^ uf the
kin;5'scastic*«, al'ter summons by proclamation
is made hiij;li treason, seems to be l^^l^nn
within the slat. •^.'), Kd. :{rd ; and both lord
Hale and Toster, J. agree, thai if the bare de-
tainer be done in cnntederacy with enesnios or
rebel', that cireumstanee will niuKt ittrea>on,
in the one case under the clause oi a«lhering
to the kinz'*^ enemies, in the other iiiuKr that
of Icvyini; war. The same rule applies to the
delivery up of a ca**tle to rebels or enemies,
by treachery, and in combination with ihem ;
but not if it happened through cowardice or
imprudence." 1 East's Tlcas of the Crown
ch. 3, s. 14.
SS GEORGE IIL
leonvention againit the wilL in dijiance nf^ and
^mnsiihe authority of parliafmnt^ for the pur-
^ ou qfdtpovwg the king ; it charges farther acts*
pamely, thut they caused to be composed and
rritten divers books» pamphlcls, letters, in-
uctions, resolutions, oraers, dcclarAtious,
ddresses, and writings, containing incite-
^toents, induccmcDls, and exhortalionfi, to
move, seduce, and ^tersuade the subjects of
ihe*4(in^ to send delegates to tuch canvention ;
as to which 1 say ut many of them, though
I did not know their real character till I had
fieen them all together, that they arc both
I0vcrt ajCtS| and evidence of overt acts of high
llreason.
Now» before I state to you the particulars
Df the evidence, I am afraid I roust, however
iinful it is to me to ask so ^reat a portion of
^our attention, trovible you with some general
[observation^ that I think will have a lenden-
ley to render intelligible to you the complicate
Ifd mass of evidence, which I have to lay be-
fibre you.
Gentlemen, the convention, meant to be
called by those who are charged with the
conspiracy in tbia indictment, was, as 1 coU
lect from the effect of the evidence, a conven*
tion of persons, who were to assume the cha-
racter of a convention of the people, claiming,
fkt such, all civil and political authority, pro-
posing to exercise it by altering the govern-
ment, otherwise than by acts of the present
constituted legisbture, otherwise than by
those statiites, according to which the king
I has sworn at the hazard of his life to govern.
Gentlemen, if tliis Is made out, it appears
J fo me to follow necessarily on the part of all
|/|ivho took a step to assemble it, that they are
fuilty of a conspiracy to depose the king, to
^ epose him from the character which he hohls
\ in the constitution of the sovereign power of
[this kinedora, as by law established, that law
I l>y which I again repeat to you, he is iwora
f to govern*
uentlcmen, if thay conspired to assemble
j ina conveniion, which was of its own autho-
rity, and against the will of the legislature,
»nd in defiance of it, to act as an assembly to
i iabtitule a government, and to assume' so
iar sovereign power, it is, I conceive, accorrl-
ing to the law of England, a conspiracy to de-
> pose from the sovereignty hira, who under
' the restraints of the constitution and the law,
flow holds thut sovereignty. There cannot
be two sovereign powers xn a state; there may
lie a compi legation of authorities vested in a
great variety of persons, making up one sove-
r 'V iiinot be two sovereign
^ ]"jssib|e. If a meeting
1 1 uion of the people, arro-
|n s all civil and political au-
til. -. ...i meaning to <t}i^crctse it,
i)nc or other ot these consequences must fui-
iha Vmi iilxl iJh; [niriLniuTit inuvf l.r
Trial of Tliomiti Nard^
[26*
be obedient to the king and parliament, if
cannot effect its purposes ; it is impossible : If
its purpose be to depose tlie king, 1 say, a
conspiracy to call such a meeting is an overt
act of high treason*
Gentlemen, 1 beg your attention to my ex-
pressions : if the meeting; means to oblige tlie
king and parliament to be obedient to them
by the exertion of open force, though it may
not effect its purpose, that makes no difference,
the law must be the same^ — I may be ivrong
perhaps in stating the law, but it appears to
me that the law must be the same if the
meeting projects the purpose, whether the
force ofthe meeting is sumcicnt to effect the
purpose or not.
This, I say, is a conspiracy to assume Ih©
sovereign power: it is a conspiracy therefore
of necessity meant to depose the existing
power, and of necessity to depose the king*
I say meant to dei>ose; for 1 repeat it, that
whether the conspiracy is auccessfui or not| b
immaterial.
Gentlemen, though the particular fact of
calling such a convention, now alleged as an
overt act of treason, may be represented to bo
new in the history of this country, it is not
therefore, and because it is new oi i ' i:h
as it is more than ordinarily audu m
overt act of compassing the death ur ut posi-
tion of the kiuL!;, if the intent of it was to&ub-
vert the sovcrciEn rulinjj power.
Gentlemen, there is another distinction, to
which I would beg your attention. It is of
no c(jnse«]u*Micc whether the first rneetfngi
proposed to be assembled, wot dt signed to be a
I'onvention^ thai should assume all civtl and po-
ltlicaluuthoritif,ot was onlt^ to devise the meunM
of forming a constituent assemhlif^ a bod^ whick
should assmne it ; for any act* taken towaids i
assuming it against the will, in defiance
and against the authority ofthe king and ,
Uament, and removing him from that ii
tion in the character of sovereign, wHtdi ho
has in this country; any act takeQ towards
the formation of a body, which was toas&ume
such authority, is an act of conspiring the
deposition of the king : any act towards coi^
veninga national assembly, to art uitK >o.
vereign power, not formed by li iie,
is an act done towards deposmg ' ^, who
now has, under the restraints of the constitu-
tion, and the provisions and limitations of llie
law, the sovereign power vested in him. You
cannot set about organizing a body, which is
thus to act, without meaning to depo^ the
king, without meaning to form a bony that is
to usurp the powers ol government.
Gentlemen, I think the evidence, lliat I
shall lay before you, will most abundantly
satisfy you that tlie convention, which Uie
persons ch"ir'.""^ f v-'"-^-' tr +■ -'i ■rasarorj-
vcntiun to : ,ic *ovc
!»lTtl«»
Ti'l^n tJiiWi r
^•^ to
the kiti^ aiid p^iU^UAtUii i It iUo meclu)^ la tu I founded u|*gu umvetaiii 9uiinife| vaiX the ai«
"' ••^'"
leged unalienable, and, as tliey arc called, ini-
prescriplibie rights of man, all the legUlatkc
amd eiccvtive goremntcnt of the ctmntrj/ ; that
» con*uirai \ tu ibis end would be an overt act
of hijgh ireiison, I prCMime cannot be disput-
ed ; It tlejiuf^es the king in the de&truclion of
the r* ipil aliice in the constitution of tlie
State.
Gentlemen, I go farther i if it had been in-
tended la have retained the name and office
of the kitig in the tounlrv, and to have re-
tained It itj the person of* the present king,
creatint^, however, b}- the anlhority of the in-
tended 'ctinvtniiijn. a new kaislatnre, to act
iwith him, provided ihey would allow him to
act with such new legist,iture,and thus calling
upon him to act against the express obliga-
tions ol his coTrmalioo oath, if he could forget
it, it *jiill would have been a conspiracy to
depose him from his royal aulhorily, as now
cftlablished: It he refused to act, he inusl ne-
cessarily be deixjsed from that authority ; if he
did accept, he wus not the king of England,
as he is e<^tablished by law the king of Eng-
land. But he could not accept; he could not
so govern ; he i*» sworn not so to govern; he
must refuse, must resisit, and, in consequence
of resisting* his life must be in danger.
Take it eUhcr way, that per*^ons conspired
to form a convention to assume all civil and
political authority, as pretending to be a con-
vention of the people (I care not with how
rnuch a*Kbctty they pretend to he a conven-
tion of the people), or to devise the means of
constituting suth a convention, in order, and
v/ith the intent, and against ihe authority of
parhamcnt, that there should be no king, or
m order to the erecting, by their own autho-
rity, a new legislature to act together with a
king, and together with the king, if they per-
mitted the preterit to be the king^ I submit
that such a conspiracy is an overt act in the
true constniclion of law, and high treason in
compassing the king's death, 1 lie king must
be deposecT while such a new constitution was
iraming j he could not treat with such a con-
tention till he had been deposed ; it could be
those only, that had sovereign authority, that
could frnmc a constitution: "then he is surely,
by this, despoiled of his kingly government,
rcvcn as in a case, of temporary miprisonment.
I repeat again, that he coy Id not, consistently
Irith ivis coronation oath, do otherwise than
reject it when framed: it must be taken for
granted he would reject it; his Ufe, therefore,
could not but be in danger. To suppose that
^ mch a meeting, which proposed a new con-
ititution^ would depart quietly home, and not
l/Cty if it was not accepted, is* out of the reach
of ill human credulity ; it is not according to
the ordinary course and experience of man-
ikindy to suppose that they should meet in
[ iftumbcrs, and make no use of their numbers,
I if the show of them did not produce the effect
\ intended : this is not according to the ordinary
course and experience of mankind. .
Gentlemen, the king ia bi5 parliaiucDt
could not be the sovereign power the moment
the meeting coidd act as a national consti-
tuting assetnbly, or could direct, with effeci,
such an assembiy to meet. Tlie power so to
act, or to organize with effect such a mccling
that should so act, must pro tempore depose
every other power. This is the character of
a convention of the people, I think, as given
in the evidence I have to lay before jott.
With respect to the defendant, I think I shall
satisfy you he conspired to call such a conven*
tion ; and that he said that the convention,
which I am to call, is inesislible, it ia
unlimited, it is uncontrollable, and that bjr
such a convention, my/w// andfuir represen-
tation of the people^ or a full and fair repr^
lentalhn in paf/trimenl (if you choose to take
that expression, for it Is not mere expression
that determines what men mean), is to be
accomplished.
Gentlemen, in the country in which I am
speaking, when a vacant throne was Eiveo (I
am now alluding to the time of kingWiltian^
by those, who, as they are stated m the Bill
of Rights, represented alt the estates of the
people of this realm, to king William and
queen INfary, they, who gave It, ceased to
have or to exercise the power of sovereignty :
in that instant, as every lawyer must speak of
it, in that instant the sovereign power of this
country became vested in the king and qticcm
upon tlie throne, to be exercised in legislation,
undoubtedly, with the advice and consent of
parliament, formed according to the law and
custom of the country — incapable of being
exercised otherwise, and, as to the executive
authority, exercised under the control of pro-
visions and limitatioi^s of the law and consti-
tution, and with the advice which, in every
act which the king does, makes somebody
responsible.
1 insist that the design of conspiring to
as scumble the people, who were to act as a
convention of Ihe people, claiming all civil
and political authority, or claiming power to
alter, against its will, ihe constituted legisla*
ture, or a meeting to form the means of bring-
ing together such a convention so to act, is an
attempt to create a power subversive of the
authority of the kin^ and parliament, a power,
which he is bound by oath to resist at all
hazards. But it will not rest here : this will
be sufhciently proved ; but evidence will like-
wise be offcreu to you as satisfactory to prove
that the express object of calling this conven-
tion, the express object of appointing a com-
mitte of conference and co-operation, which
was to devise the means of constituting such
a convention, was ultimately, and finally,
and in their prospect, the deposUion of the
king.
Gentlemen, beyond this, and supposing it
not to be proved, tlie indictment has charged
as overt acts, a conspiracy, without the mean
of a convention, and not through that
medium, to depose the king ; if that conspi-
racy is made oat by olhet aA^Mbssv^^^^^^asx
'^' »^^-^
267]
S5 GEORGE lU.
Trial of Thomas Hardif
[S68
a convention, assuming all political authority,
nor a meeting to devise the means of callinjg
a convention, which should assume all politi-
cal authoritv, was intended^ yet the indict-
ment is made good.
Gentlemen, the indictment farther charges
as an overt act of compassing the king's
death, which without question it is, the con-
spiracy to levy war; I do not mean con-
structive war. This I state, without question,
to be an overt act of compassing the king's
death. A rising to oblige the king to aher his
measures of government amounts to levying
war within the statute. A conspiracy to levy
war for this purpose is an overt act of com-
passing the king's death. If they conspired
to form a representative government, excluding
the king entirely, which I say is the fact, or,
if they conspired not to form a representative
government* excluding the king entirely, but
yet to compel him^ by their own strength and
force, to govern with others, and without
those, whicn he chose to remain with him, by
whose advice and consent alone he is sworn j
and bound to govern, I mean the great
council of the nation, the Lords in Parliam.ent
•ssembledy the Commons in Parliament as-
fr.ipMft(1y according to the constitution of the
eountry, and to substitute against his will,
and a^inst the will of the present constituted
authority of the country another authority,
formed on the principles of universal suflVage
and annual representation, and so formed
without the authority of parliament, X must
submit to the court, and to you, that conspir-
ing to do this would be an overt act of treason
of deposing the king, and therefore of com-
passing his death.
Gentlemen, you will also observe the
indictment has charged, and proof will be
offered to you to make it out, that these
objects were meant to be carried by force, by
actual force.
Gentlemen, the case, as I have hitherto
represented it, is not a case aiming merely at
intimidating the legislature, and inducing it
by an act done, which was, according to the
forms of the constitution, to bury the consti-
tution in its grave, to new-mould the sovereign
power ; the case goes far beyond this ; appli-
cation in any shape to parliament was not
only disavowed, but the very competency of
parliament, if applied to, to make a law to
new- model the government, was disputed,
and denied ; the idea of that competency was
held to be irreconcilable to the very principle
upon which these persons assembled. I
must however insist, and I mean to do it, with
the full concurrence of my humble opinion,
that a conspiracy to compel the king, by force,
against his will, to give his assent to an act
obtained from the iTouses of Parliament in
order to alter the government andfirame of
the constitution of the country, whether it
was obtuned from the two Houses of Parlia-
menty or either of them, by overawing them,
or not overawing theov— thai a conspsacy,
by force, to compel the king, in the exercise
of the highest and most essential act of the
sovereignty of this country, in the act of giving
his consent to such an act,— to compel him,
by force, to do that, is unquestionably an
overt act of treason in deposing him, and in
compassing his death. It is neither more nor
less, to explain it in a word, than to substitute
the will ot tlwse, who conspired to force him,
in the room of that royal will, in which, and
by which alone, the iaws of this country, and
the constitution of this country, have said
that a bill ^however obtained before it comes
to him) shall receive the authority of a statute.
Gentlemen, I have thought it necessary to
state thus much before I come to state the
circumstances of the case, and I will' state to
you in a word why. It is not to be expected
by persons, who execute the great and impor-
tant duty in the great and important station,
the functions of which you are now called
upon to execute, that council at the bar shall
be able to state to 3'ou law, that no man can
question the soimdness of: nay, gentlemen, it
is not to be expected by you that counsel at
the bar should be able to state to you in all
cases law, which men of grave character, and
excellent understandings, of great reason, and
great experience in their profession, may not
dispute tne soundness of It is the duty of
counsel, more particularly it is the duty of
that counsel, who ought to remember that, if,
in nrosecutine the subject, he presses him
unfairly, he betrays in the most essential
point the duty which he owes to the sove«
rci^n : it is his duty to endeavour faithfully
and honestly to explain and expound the law,
that is, to apply to the facts of the particular
case, reasoning upon the law, accormng as he
is able to do it, in the exercise of painful
industry, exerted under the. reflection that he
is under much obligation at least to endeavour
to represent the law truly.
Ocntlemcn, I have thought it my duty, in
a prosecution, the principles of which interest
the civil happiness of all mankind, to mention
distinctly and fairly what are j^the principles
upon which I proceed; I have n(» doubt in
my own mind, but that I have stated these
doctrines as the law of England would state
them, and; I claim from you and from the
public that, in the fair exercise of my duty,
conducted under such a sense and understand-
ing of that duty, as I have now explained to
you, you and they will do me the credit at
least to think, that the principles which I
have stated are such as I believe to be sanc-
tioned by the law of England.
Gentlemen, I shall presume for a moment,
after having read to you the indictment, and
given you that exposition of it, which I
numbly offer to your attention, that the law
has ^at least, according to my judgment, it
certainly has) been compliecf with in this
respect; namely, the indictment lias told you
witn sufficient certainty what it is, that is
meant to be imputed aa an overt act of com*
969]
Jot High Treason*
passing the king's death. It is not necessary
to be disputing that now, because, if I have
foiled in the due execution of m^ duty in that
respect, the prisoner cannot be nijured by it.
(ientlemen, 1 have before said to you,
that, in a case of high treason, tb.c evidence
must nut only be convincing, hut it must be
formal ; and, though the object of the security
of the person and government of the king is
the highebt object that the law has looked to,
yet 1 must, at the same time, inform you,
that the law for the security of the public,
which is iu truth part of the object involved
in the ot'fcct of the security of the person and
govcmmcnl of the kin"; — is csseutially united
with it— and inseparable from it: the law has
required not only that you shall have one
witness, if he were the most credible man in
the world, to give convincing evidence of the
fatty but that that convincin^^ evidence must
be rendered yet more conclusive by the testi-
mony of two witnesses ; that you should at
least have one witness to one overt act, and
tsothcr to another overt act of the same
kpecies of treason.
Gentlemen, having stated to you the pro-
ject, in a general way. to which I apprehend
this indictment applies, I presume that you
may possibly reason thus : When this incfict-
ment charges, that these persons compassed
the death of the king, and to depose him, —
that they conspired to assemble a convention
in defiance of the authority of parliament, —
to subvert the rule and government of the
kingdom, against the will and in defiance of
the legislature, — to dethrone the monarch,
reigning in the hearts of a great majority of
his people, you will naturally ask,— by what
process was it, that such persons as these
could cffcctiKite such a purpose ? When the
indictment charges, that they composed a
great variety of books, containing incitements
to choose persons, as delegates, to compose a
convention for such traitorous purposes, — in
what language, you will naturally ask, could
such incitements to such a momentous project,
have been conveyed, and to whom could that
language have been addressed? When it
charges, that they met, and deliberated
among themselves, together with divers other
falM; traitors, — at what time, in what manner,
and in what place, it may be asked, have
these )Mwplc met to deliberate upon that pro-
ject, for the accomplishment of which so many
persons must be engaged? — By what means
were they to bring together the subjects of
the country, to bend delegates to such a
traitorous convention, to assume such sove-
reign power? This sort of question may be
purbued. I shall not pursue it by observa-
tions upon every overt act in this indictment.
Now, gentlemen, my answer to this is a
short one. I think it will be proved to your
satisfaction, tliat, as tliey meant, in the
words of the act of parliament, to introduce
that svstem of misery and anarchy, which
prtviifed 'm France, they meant to introduce
A. D. 1794. [27if
it by the same means,— to proceed upon the
same principles to the same end, — ana by tiie
same acts to execute the same purposes.
Gentlemen, if the experience of Europe had
not manifested what has passed in France
(and this project might perhaps be brought
from France into Great Britain by but an m-
dividual or two), if that experience had not
shown us what has passed in France, to the
destruction of its old government— to the de-
struction alike of that government which ;
they substituted in the room of its old go- \
vernment— and which, in the last act of its |
power, protested against I he existence of ^
clubs, as incompatible with the security of I
any country, I say, till the subversion of go- ?
vernment iu France took place, and upon \
principles, to a blind admiration of which xq j
this country, — a country which, under the pe» f
cuHar favour of Providence, is alike in its '
blessings, as it is in its situation, ** toto divisot '.
orbe Britannoit,^' we have found a disposition
to sacrifice all those blessings — it could not ;
perhaps have entered into the heart of man ■
to conceive, that a project so extensive should <
have been set on loot by persons in nrnnber :
so few ; — that a project, existing almost every i
where, should yet be visible no where; — that
a project should be so deeply combined, and
complicated, — should exist to such an aiOMnt
inconceivable extent, — should be formed with
so much political crafl — it could not enter
into the heart of man to conceive, that it
should have existed in any country, much
less, that it was possible that it should exist
in this country ot Great Britain to the extent
in which I am sure, whatever your verdict
may say upon the guilt of the prisoner, you
will be satisfied it has existed in tliis country.
But the law of England does not require
that any such case as this should be proved
before you. If you arc satisfied tliat what
the indictment charges was imagined, and
that a step was taken to efiectuate that
intent, it is enough — it is not the extent, in
which the project was proceeded upon — it is
not the extent to which tlie project was
ruinous —it is not necessary to prove, that the
means were as competent to the end pro-
posed, as they were thought to be, by those
who used them. No, gentlemen, the provi-
dence of the law steps in upon their first mo-
tion, whether they furnibh themselves with
means adequate or inadequate to their pur-
poses—the law steps in then, conceiving its
providence at that moment to be necessary
for the safety of the kin^ and the security of
the subject.
The project, the general character of which
I shall give you, proving it by the particular
facts, and applying the particular facts (for I
have no rignt to give you the general project,
unless 1 can so apply the particular tacts) to
the person now accused, seems to me to have
been this. Imported from France in the
latter end of the year 1791 or 1793, by whom
brought hither it does not much matter, the
§
inlent was to constitute in London, witli
affiiiate*! societies in the country, clubs which
were to govern this country upon the princi-
ples of the French government, the alleged
uoalieDabler imprescriptible rii^hts of man,
such, as they are stated to he, luconsistcnt in
the very nature of them with the being of a
king or of lords in a government — deposing,
Iherefore, the moment they come into cxeru-
lion, in llic act of creating a sovereiu;n power,
cither mediately or immediately, the king,
and introducing a republican government
with a right of eternal reform, and therefore
MPilh a prospect of eternal revolution.
Gentlemen, we have all heard of a club
called the Jacobin Chjb al Paris. Thi!», with
its affiliated socielies,— -however impossible tt
liras thought that it should effect such things,
—however wild the man would have been
thought, into whose head ii^uch an imagina>
tiott could have entered as that it could effect
them» first overset the old constitution, then
introducct! another, which could not exist
upon the principles which gave it birth, and
has finally introduced government afler go-
vernment, till it has at last left the country
in that nndescribable state of things in which
we now see it.
Gentlemen, the great end of the persons
coDcerocd in this project, though not alto-
gether visible, or not much disclosed upon its
first formation, was, when they had suih-
ciently diffused their principles through tins
country, bv artifice, — by union,— by combi-
DaUon, — by aOiliation, — by fraternization
(those who formed the project, whoever they
were, endeavouring to force it into execution
by means which perhaps would shock the
minds of men that are not always dwelUng
upon political subjects), to assemble a con-
vention of delegates from clubs, to assume
the power of the people, supported in the
assumption and exercisjc of that power by
the individual members of the aflSliated so-
cieties, and by their combined strength.
Gentlemen, we have no occasion in this
cause to be disputing upon abstract questions,
MS to the power of the people to change their
[ ^vcrnment. I state to you, that the iuten-
I lion was, to assemble a convention of dele-
I gates from those clubs^ to assume the powers
I of govcrnmeot. The people, the infinite ma-
jority of the people adverse to any change,
jj;„^„_..: I :^^ i t,.-,v ti »- -- \j^ the admi-
t lid vices in tlie
an^Jently attached to the oM
must have bern averse to have i . ,_.,,_.
by a convoiilion of the delegates from these
suciciics, wlio meant to have ai^umcd tlic re-
r J of the people, and to have cxcr-
VI powers which they stated to be in-
hoft;iat iu il)OM whum tliey piofcs^d to re-
prevent.
bow jviii/c>uiii h^^i^u iiiai uit ojiuuc/a ut.ihue
Trial i/ Thomas Jlardif
fraternizing societies should have the force of
the will of a majority of the nation, though
they constituted a vast and infinite unnonty
indeed. You will find, in the evidciKe to be
laid before vou, th»t it was j^erfee tJy under*
stood how this might be l>y those who are
named in this indiduient. The ^reat bulk of
the community, cngic;ed in diftt'ieut puriuils^
are therefore iacapahie of being comlnncd ia
opfioMtion to ihe execution of a purpose,
which is to be brought abuutby great bodies
of men, thai are combine<). I need not give
you a J I rouge r instance of it than thi%: — Ii is
within the memory of rnost of us hving, that
a few thousand men in St. GcorijeV fields,
combined in one purpose, reduced this metro*
pohs to an absolute state of anarchy, a state
m which no government exi'-ted * If any
man had been a-sked, a fortnight before the
event to which 1 am now alluding, Is it pos*
sible for four or five tliou<§and men to assem-
ble in 8t. George's iietds, and to rob and
plunder every bo<ly they choose in London
and ten miles round it? That would have
been thought utterly impossible — but yet it
happened — why ? because a combination of
the few will subdue the m^inv, who are not
combmed, and with great facility; and com-
bined bodies of men have had, as you w^dl
find, an existence in this country, to an ex-
tent which few men had any idea of
You will find them or^nized, — prepared
for emergencies and exigencies, — relymg upon , y
their own strength, — determined to'acl upofi y
tlieir combined strength, in a system of act-
ing together, — in some instances acting with
a secrecy calculated to elude observation— in
other instances, proceeding, by directly con-
trary means, to tne same end^ "representing
their numbers as greater than \4*ey were, and
therefore increasing their number by the very
operation of the uiHuence of the appearance
of strength upon the minds of others, without
a possibility that tliat misrepresentation should
be set right. You will find them inffaming
the ignorant, under pretence of enlightening
Ihem ; — debaoching their principle^ tou-ards
their country, under pretence of 1 1 >-
hticat knowledge into them ; — tj^
tliemsclves principally to those whobc ngiitf^
whose interests are, in the eye of the law nod
constihition of England, as v' ' s©
of any men, but whose cdn •!
enable them immediately tu ^'-
twcen poUticai truth and th* v-
tions held out to themi — v -e
passions of men, whom 1 ^l
placed in the lower, butu^Li,.., iy
resptttiible situations of life, ton a
against all u-liom ii^ I'^iunlv luM ' ■/
aa&igiiin *-
pertv,— r -V
as their ^ ihoAo
whom 111 .—and.
* See the caso of lord George Gardoo for
bi^ U6a50% AMi^t V'oL 21| p. 495.
1
87SJ
Jbr ¥ligh TreasorL
ia Oider, at the same time, to shut out the
pO«t!)Dtty of forrcf ting original errori or rec-
tif^ those whom they had
i^ incd) debauched, and
them into these afH-
^ had subscribed tests —
! thi*y were not to exa-
liccn admitted^ hut the
&ti|jii.> «-j) ^viiuti they were to carry into
ilwtci^ wheu Hssembied in a convention —
into execution those principles, as
for the people, by a grciit majority of
1 ihey were held in utlcr detestation.
CenllefDro, to say that an act done was
MciBt to be done as a mean^ taken in the
fMCmioD of ftuch a project as this is, till the
DQ« ivbo tikes it, thinks the scheme prac-
Me, I ttdmit is not reason^ible, hut un-
bl^ly he may ihhik it praclicablc long
. L»aily so. Now, you will be abun-
rd, that these conspirators thought
i> now come — thsit the time
which had been the object
ij^iuii- tr\j'«'i^iiitiun, douhting tor a year or
whether it would ever be gratified, that
time wan n<m come, and the measures
werf taken upon that supposition —
jli tiif- Mifptjrtunity had arrived, which, if
I ot now, would be lost for ever*
TCj n, the people of this country have
Id gcDcfBl a rooted attachment to its govern-
mtmt, Tiie public opinion of government is
in Hot country, as well as in every other, its
fliidffti S4ipport : and therefore it became
meecmmMj to infuse, where so much could be
mStilY lii^ested, where the mind was pre-
wed for It, an opinion, thut the form of the
Priliih gciTernment w<i5 mdically vicious —
"* it i»m& ' '' rn principles of oppress
nleJ on the destruction
-uiPj'Ubtc, and unahenable
hers, you will find, ihey
irv io use a little more cau-
lu, but to humour their
ni of the constitution,
of wcll'meaning igjno*
uf instructing it, to en-
L al 1 the project of de*troy-
»i. s^t which they were aV
To Ui^uii, ihcrcfure, the torm of the
I wAt not spoken of in terms which
; I >t to be a conde unation
pi .e rCiiDy such, hut by
r il expressions, such as
I lair representation of
mt pf*>r'' ' ' 1 1 1" — " a tul I represeu la-
Utib %tf imclimes willu»ul nien»
lir»« nf vf r with actual mention
tit I cxistin;* together
%, ; U'rms, which cer-
to t It muy be contended
m ' ! mesin ; but terms the
^■0 1 inly the same
^f%et' were used in
►untry during
Jh, when we
uuLicT nao ivitig im Ujisxa; tl^uil may sig-
U D. 1794.
[374
llHI--IM»t tu
HlKhflWrot
tnecL uimIc i
nify a g:ovemmcnt existing without Lords < _
King, by declaring the obtaining such a re*1
presentation of the people as necessary to the \
natural, unalienable, imprescriptible riglits of 1
inan, as stated by Mr. Paine: by these means^l
and artifices, they attempted to engage ia f
their service the physical strength of men.l
who might not and did not discover the real j]
nature of the plan, which that strength was 3
to be employed in execuling; who had not]
information enough to discover what the re*
presentation was metint liniilly to do or la
execute. But you will find the persons men*
tioned in this indictment had no doubt about]
it. I mark these circumstances to ^'ou,
cause, in the evidence that is to be laid befon
you (and I am now Btating the general cha«
racter of the evidence, ananot the principle
upon which the charge is made), in the cvi-^
dence to be laid before you of the plan for the
execution of these purposes, some very re
markable particulars occur; and when vou
come to decide upon this case, 1 humbly beg
your attention to those particulars; some very
remarkable particulars will occur.
You wilt find that the leading clubs, hfi
which I mean the Constitutional Society^^
judging of its conduct for the purpose of thi9^
cause, though in some other cases we must!
go farther back, but, for the purpose of thiM
cause, judging of its conduct from about thef
beginnmg of the year 1792, and the Londo»^
Corresponding Society, which was formed, f
whether created, I will not say, but whichj
was modelled by some leading members of
the Constitutional Society, and received its(
corporate existence, if I may use the lerm,^
as it will be proved, under their own hand* '
writing; most distinctly from the hand- 5
writing of some, who yet belong, and some, J
who have ceased to belong to the t'onstitu-l
tionai Society ; these leading societies, you]
Will find, enlisting into their afliliation many J
societies in the country, composed of raen^
who expressed their doubts as to the views of
these societies in London; who e^cpressed)
their fears as \vell as their doubts about thosa
views; who required information as to thei
purposes of tho!>e societies in London ; soma I
of these societies in the country profcssingi
one set of principles, some another; but aJgi
assistance is taken that is offered : accordindjf J
you will see, that the London societies enliatf
persons who profess, " that thcv ought to "
sulimit to no power but whiit they have them-
selves immedidtely cnnstilutcd :" to Ihesa
they give answers, couched hj dark, cautious, 1
prudent, but satisfactory and iolclligiblo
terms: those who profess still to have attach-
ments to the monarchy of the country, and
who express apprehensions about its safely
from the principles of the London societies^'
and the contbclmg principles of various coun-
try societies, they sooth into tnitcrnization, by
lelhng them thai all would be set right ** by a
full and fair representation of the people in
parliament^'' — a name which was given to tbift
T
275]
35 GEORGE IIL
Trial of Thomas Hardy
[278
Commons uniler Cromwell, as well as to the
\ Icgiliruulc parlianienls of this counlry at dif-
ferent periods,— without lelling them either
what these Wfords meant, or how that piirha-
fnetit was to operate to reconcile these dif-
ferences, wliich vou will find amounted o«/yto
' the differences between aa attachment to an
I absolute republic, and an attachmeut to a
{'limited monarchy.
They enlist alike those^ who expressed a
wish to know whether they proposed to reform
the Huuseof Commons^ and those who wished
to know whether tliey inleud to rip up mo-
narckif hy the roots ; their answers were calcu-
lated to satisfy each of them, to satisfy whal-
i ever might be the disposition of those, who
address the questions to them, remiiring in-
formation upon subjects so totally aifferent.
Gentlemen, this is not all : you will find
; again, that for these pijrposea,pnblications upon
Lthe government oi the country, which arc
I alluded to in ibis indictment, and which will
L he given to you in evidence, that publications
[upon the government of the country were
[adopted by those societies as their own, and
circulated, if I may so express myself, in a
mass round the cotmlry, circulated in a man-
ner, that totally destroys the liberty of the
pre.«^s in this country, — Thehberty of the press
in this country never uught to be under an
undue correction of the law, but it must
always be, for the sake of the people, subject
itQ Uie correction of the law : you will find
that the^ie publications are either brought into
the world with such a secrecy as bafiles all
prosecution, — published without names of
authors or of printers, — pubhshed by contriv-
ance, I am sorry to say by contrivance pub-
lishefl in tlie dead of night (though they are
the workii of men who "have talents to stale
them to open day, if lit to be stated to open
dav), and published in (quantities, which niiike
the application of the wholesome provisions of
the law utterly incompetent to the purpose of
allowing the correction of the law to be as
fre<juent as the commission of the oflences
agamsl it has been.
Gentlemen, wjih respect to many of these
iHiblicalions I may take notice of what has
imppcned in the history of this country, and
though no man wishes less to talk of himself
than 1 do, yet 1 am speaking in the presence
of many, who have heard me both in court
and in parliujuent respecting those publica-
tions to \^hich I allude (and which will be
offered to you in evidence), express the difli-
culty that my mind laboured under to con-
cede that suiih a publication mn tlie Address
to the Addressers, was not, according to
law, an overt act of high treason. — It did
appear lo mc that Hie pubhcalion of the
book called the Address to the Addrts-
sor« was an overt act of high treason,
for the purpose of deposing the king; at least
I thought it required an ingenuity and sub-
tlety, much beyond that which belonged to
lay mind I to state {»atisfa£tQry reasons why it
was not 30 ; but there were reasons salis^
tory to those who can judge better than I can
and therefore that book was treated only as i
hbel ;^-but when I come to see it, as con-
nected with the mass of pubhcatiuns alluded
to in this indictment, — as connected with
measures that I have to state to you in the
course of opening this cause, — and as con-
nected with the project which this indicfmeot
imputes to depose the king, I say it is either
most distinct evidence of an overt act of high
treason, or it is an overt act of high treason
itself.
Gentlemen, you will also not Cail to obserre
(and I state it as a general feature andcbanw>
ter of the evidence that I have to lay before
you) — the mahgnanl art, and if I may so ci-
press myself, tBe industrious malignity, with
which discontent has been spread by Uicsc
two societies in London.^ and the means of
spreading it have been studiously and anxiously
taught *rom society to society :^ — the means
of spreading sedition, fresh as from London,
in everj' town, all with reference (for the?
are not material, if you do not find they had
such a reference) to the final accomplishmeot
of the same purpose : you wnll not fail to ob-
serve how the passions and interests of iodiv^
duals have been assailed, and the method of
assaihng them taught, according to their
stations in life— not merely upon government,
— bul> for the purpose of subverting govern-
iiit'tu, upon tithes— corn-bills— taxes — gatne-
laws — impress service— any thing that could
be represented as a grievance, as well as the
government itself, and to thi« intent— tliat,
m aid and assistance of each other, si
as they expressed it, ''might overs|*:
whole face of the island/' and '' that the i-J j.ml
might become free" — you wilt mark their ex-
pressions— "by tlie same means by wbkh
France became so/*
Gentlemen, in staling to you the ehaneter
of the evidence, it is necessary for me lo make
oue observation, and it is the last I shall trou-
ble you with : it is with respect to the prin-
ciples upon which construction is to be given
to the written evidence that will be adduced
in this cause, ^sow I desire to state this to
your minds as a principle perfectly reasonable
in the administration of justice towards men,
who are called upon to answer for offences
that the language which they use, ought to
be considered according to its obvious sense.
If the language admits, and naturally admits,
of a double interpretation, it must then be
consi<lcred according to the nature of the prin^
cipie which that language is calculated to
carry into execution ; each paper must be
considered with reference to the context of
the same paper, and with reference to the
cuiilents of all oUser papers that form the
cvidcncti of the same system, which the paptr
produced is meant lo prove.
^ow, it ynu should find that, in detailing
the objccb uf this society, in detailing what
they meant t^ do, and in detailing buw they
9Tn
Jor High Treason,
A. D. 1794-
[27
loeiiit to eieeute infaBl tbcy iiurposed, thcj^
ibcutd ill fkct liave statetl Uial Ihey meant
"^at hiwasle^al, — nor that which
1, — nor mat which was other
ticj.!-on> u wiU be in vain that they have
ughl fit (for the greater prudence, the
r, and the greater caution which
most abundant evidence to prove
' ccasionaJly, but add to the
ng the danger) to assert at
,, ...iLQ they have used general
je^ that what they meant to efiect was
aliil that they meant to effect it in a
itstitutional manner. It will be-
who have the defence upon their
, Ui btale to you how, in a IcgaJ and con-
Sional manner those thin^^s could be
which were intended to be done, and
I this ladiclment states were intended
V dooe« tl' I prove to your ^-.itisfaction that
ere intended to be done by the means
inuiientSy wliich the indictment refers
Ef*—.!^^-,^ of the jury, their principle, as
fj f, was, that equal active cttizen-
fkiy .- -"'"^tt of all men, and ihat upon
Ibis prn ir representation of the peo-
|li wa- - ked for- Now, it requires
06 peatooiit^ to 9tate, that a representation of
lilt peoph:' fouDiled upon the principle of equal
icijve c of all men, must form a par-
iwnni > h no Kiog» nor Lords, could
Ti)^«; i> an laid of equal active citizen*
Cbfi inoment thnt either of them exists,
to my ' I i'jn of equal active
J, and ij' » Ikeir corulmction
^Hi for they f.tHte iiiai the effect ofitis «
fWfittmmlQim gor^rnment. But it is not
iynj|li for me to tell you, that, in reasoning,
lUi i» die eoDsequence ; it is a circumstance
19 Im tUcen into your consideration ; but I say
I ihaU ttiufy you, if I am bound to^o farther,
tetllic spphcatioo of the principle of equal
iClif« dtiteoftbip, according to them, was to
It diA icMindation of u representative gtfvern-
ttHl, rejecting the King and Lords out of the
•jftltai. Thr principles were the principles
ifOtt wbidi ' mtion of France, in the
y«!«r 179!, V' I ; the principles of that
the principles of equal ac-
tliey attempted indeed to
e A kiu'^ m the constitution, and to
wlul I may call a royal demoiracy t but
ftbsU '- ' " Visfration, that the
London knew thai
c^^iisVitukiuii LiJiJini iuit exist, that their
fthlMtet led tlieui to a distinct knowledge
liitt tniiei»n«-tnkit'>''n could not eust : it was
ntbe mifit ist 179? entirely over-
sale i ^ I hud from the transac*
of tikis nociety m llie months of October
Nofcoibef 1799, unless I mistake the
9§ut <vf the cvidenci*, the clearefit dcmon^tra-
tioii ihst ibe^ ^urirtte? meant in applying
^kam |iiitici|i}e%, ^ . y themselves state
1b4 dweuojred n n:e of a king in
tlicy niusl destroy the exlsl-
ence of a king in any country ^—you will find
tliat,from October J792 al lea^». these societies
meant to destroy the kinj in thiscounlrr, am
that this was the natural elFect of their ow!
principles, as they understood them.
Gentlemen, you will now give me leave ti.
state to you, as well as i can, and as intelli-
gibly as I can, the mass of evidence, and the
case which I have to lay before you.
The particular act, the nature of which wiil
be to be expiamed bv all the rt?st of the evl
dence, whicti has led to the includin;; the!
particular persons in one indictment, arosftj
out of a letter, dated the 27 th of March i79ig1
which was written by the prisoner, tt)en the'
secretary of the London Corresponduio; ho-
cjety, to" the society for Constitutional infor-
mation. The. words of it are these :
** I am directed by the London Correspond-
ing Society to transmit the following resolu<
Uons to the Society for Constitutional Infor-
matioj), and to request the sentiments of that
society respecting the important meastires
which the present juncture of affairs seema
to require. The London Correspondii ^
ciety conceives that the moment is arrived'*
mark tlie words ; for, in the rest of what
havt to state, you will frcauently hear ol the:
time to which that alludes — ** when a fui"
and explicit declaration is necessarj' from ai
the friends of freedom, whether the late ill
gal and unlieard of prosecutions and sen teno
shall determine us to abandon our cause, <
shall excite us to pursue a radiciil reform with
an ardour proportionate to llie magnitude of
tlie object, and with a zeal as distinguished on
our part as the treachery' of others in the
same glorious cause b notorious. The Society
lor Constitutional Information is therefore re-
quired to determine whether or no they will
be ready, when called upon, to act in con-
jimction with this and other societies, to ob-
tain a fair representation of the people." Gciw
Llenien, give me your attention presently to
what they conceive to be a fair rcprebcnta'lioi
of the people, when I come to state the reso
lulions which they transmit! ** Whether the:
concur with us in seeing the necessity of
speedy Convtntion for the purpose of obtain-
ing,*^ (then they use the words), " in a cunsli-
lulional and legal method'* — of the eflect of
which you will judge presently, for the me-
thod will not be the more constitutional and
legal for their calling it so, if tlie nuahod is in
fact unconstitntional and lUej^al — " a redress
of those grievances under which we at present
labour, and which can only be effectually re-
moved by a full and fair representution of the
people of Great Britain. The London Cor
responding Society cannot but remind ihet
friends tiiiit the pt esent crisis demands all the
prudence, unanimity, and vigour, that ever
may or can be ejierled by men or Ilritons;
nor do they doubt but that manly firmness
and consistency will finally, and they believe
shortly, terminate in the lull accomplishment
of aU their wishes.'*
S7&]
35 GEORGE IIL
Trial qf Thomas Hardy
[280
They then resolve, and these re&olutions
are enclosed : " lsl« Thai dear as justice and
iibcrly arc to Britons, yet the value of them
' is conipiirativcly smalf without a dcDenilancu
on Iheir permanency, and there can be no se-
curity for tiie continuance of any rights but
to equal laws.
" ad, That equal laws can never be expect-
ed but by a full and fair representation of tlie
people; to obtain which, in the way pointed
out by the constitution," — you will sec what
that IS in the third resolution — ** has been
and ii> the sole object of this society ; for this
we arc rcaily to hazard every thing, and never
i>ut with our lives will we relinquish an object
whit;h involves the happiness, or even the po-
• Jiticai existence of ourselves and posterity,
" 3rd, Thul it is the decided opinion of this
socielY, thai» lo secure ourselves from the fu-
ture illegal and scandalous prosecutions, lo
prevent a repetition of wicked and unjust sen-
tences, aiid to recall those w*ise and whole-
I ^me laws which have been wrested from us,
i nnd of which scarrrly a vestige remains,*'-^
I- Gentlemen, vou wdl permit me to call jour at-
I lention to what the ulijects were which were
j io Ire Hccomplishctj-—** there ought to lie im-
I mediately/* — what?—" a cttuvetdhn of the
peopit hy delegate* drpnUd far that purpme
the different tocietkt vf the friends of free*
/* And what are the purposes Which
convention, which they themselves re-
present as a convention of the people, are to
execute? Why they, the delegates, forming
a convention oi the peopir, are to recall those
•wise, wholesome laws, which they say have
been wrested Iroui them. Before 1 have done,
I shall prove distinctly that this in the mean-
ing of the passage, and the meaning of the
passage will be to be collected from the whole
cf the evidence unduubtedty, not from this
particular part of it.
The lonsliiulional Society, there being
present at ihut lime six of the persons men'^
tioned in this indictment, willioui any delibe-
ration whatever upon a proposition so mate-
rial as thill i6— and iherelore it must be left
lo you, upon the whole of the evidence, whe-
ther it is fairly to he inferred or not, that this,
like a grctit in;iny other papers of the London
Correspundinu; S<*( iely, really came from the
^ Qstitutiouulssocicty — they immediately or -
«d that their secretary shall acquaint the
London Lorrchponding Stjcieiy, that tlicy had
received their cunnuuntcaliou, that * they
heartily concur with them in i '
h%\c in view, and thai for tli
the purpose of n more spriJ.
co-opct^ition, they invit* sIimii i^
'"-♦ '"'i;V eveiiUi^^ ^ *ic.r^«if-ii of
^l^er*.
lu- in In [\in imrticulars of
' leave to
■111 ivty, in-
I m Uu& mdiiiiuent, rd to
«e UiAt delegation: i was
1 9l Ibe ante time a Coiuuiitle« of Cor-
respondence of six members of this society ;
that afterwards the London Corresponding
Society formed another committee ; that the
two committees met ; that the two com-
mittees meeting, came to a determination that
this project of calling a convention of the
people should be carried into effect; and
then, that a joint committee of co-operation
of both societies was formed by resolutions
ofboth.
Having stated what happened upon tlic
arih of March 1794, and connecting it, as I
shall do presently, with the very singular
facts, which you will find also happened in
that year, you wiU give me leave, in order to
show what the true construction of this act is,
as well as to stale the crminds upon which
the indictment, even without this act, charges
a conspiracy to depose ihc king — you will
give me leave to stale the transiictions of these
societies from the month of March 1799.
Gentlemen, in or about the month of March
1702, — whether before that tunc the London
Correspondintf Society had existed or not,
seems to me to be dubious, and therefore I
will make no assertion of that one way or
other; but supposing it to have existed, it
will be made extremely clear that this society
existed at that time without a constitution,
as they call il, and was indebted to a gentle-
man of the name of Tooke for the constitu-
tion under which the society was modified,
and was indebted, I think, to a gentleman of
the name of Vaughan, for his assistance in the
composition of the code of its laws.
Ihc fir»l correspondence that I find be-
tween the Constitutional Society, and the
London Correspoudmg Society, wtiich I have
to Slate to you, is in the communication of the
principles of the Corresponding Society, sent
with a letter signed by the prisoner at thebar^
which letter is in the following words ; *• I
am ortlcred by the committee to send to the
Society for Constitutional Information in Lon-
don a copy of our motives for associating, and
the resolutions we have come to : we mran
to persevere in the cause we have embarked
in, that is, to have (ifpossilde) an equal repre-
sentation of the people of this nation in par*
liaraent.*"
I observe here for a moment that you wiU
not be surprised, wlien I get to tlic conclusioa
of this busiucsA, that this cautious laiig;uage
was used in the outset t it will be for you Uk
judge whether a i^ludied caution is fairly im-
* to the language. It prucecdiS thus:
hould be exceedins^ly happy to enter
ifuo a rorrcsp ' ' ' " ; Ty, if it
is not too nil expect
suchin honour , ..u«. " - wt
..f
hope that they will di
idcsrriu!i
111-. ■■-■'.'■.:. ^ -■ ■ ' ■ ' ■
of liu&i &0f4c:iy, wkich rr&oiulions ptirp^irteii 10
SSI]
for High Treanmu
signed " Thomas? Hardy, secretary.** It
"ImPOcncil^ by an ucd(!er\l not very easy la t»e
1 I'or nt present, and, nutwithsland-
1, I shall prove distinctly to you that
art* the aclof Mr. Hardy r that
"Thomas Hard y, secretary "^ —
isAgn^iure, as I am inslnicted, in the
l-writinjj of Mr. Home Tooke ; that is,
B^irdy jn ihc London Corresponding So-
\ ^ends the resolvilions of the London
I _ t - - » - ^ tpologiEing extremely
111 presuming to send
■ Lj^L.iuuonal Society, the sig-
resolirtions bearing the name
•^, . .. .„ i.^rdy in the hand-writing of Mr.
Tookc : whether those resolutions were finally
fettle<l by that gentleman or not, I do not
ikti^jm I but you will find that there exibts a
^pup^r which contains, I think, distinct evi-
'fSence upon the !ace of it> thai those resolu-
tikrtxt have been settled, with a good deal of
frAlion, by the same i^entleman whose
writing occurs in the signature which I
re been stating.
Grnllemen, before these resolutions were
and before I slate the matter of theni to
yoii will allow me to mention that there
*■ •' tt a correspondence between other so-
lid the Society for Constitutional In-
t ...... ;,.ii, of such a nature, as, in order to
^•laikc this ca?ie intelligible, will require some
cb^crvjtions from me, nnrl ?,nrne altentjou
; il is the con r ^y of other
^_ hilt which corn , nrfi I shall
h u manner with the London
J Society, as in fact to make the
oiXXkC other societies the acts of that so*
id of March 1792, with a view
lial were the principles of this
T L state, that they
the thanks of
jjvi n uj >jr. Thomas Paine,
masterly book intituled. The
m ,.,u,^K ....} Qfijy ^hc male-
' ribblers are de-
-Lcd ridicule, but
rtant and beneficial
i so irrcNtstiblycon'
I romisr! the acceleration of that
nl |)eriod, when usurping bo-
tnd proHigale bornugh-hoyrr.'*
?d of what they impudently
!v— the choice of the
fie. The CoH'^titu-
\* expressing their sa-
le a pubhcation has
'- ' -■■ ^. - -..-I
hich I heir
I what purpose you
it* to ilate to you the
'U\s business — **That
. iind all future pro-
n.^fU]j^% ul ih4?^ ftociciy, be regtilarly transmit-
A. a 1794. [282
ted by the secretary to all our corresponding
constitutional societies in England, ScotlanoJ
and France/'
Now, gentlemen, as I shall prove what the
book was to which this resolution alluded, t
shall take the liberty at present to state in a
few words to you, as far as they affect the ex-
istence of a king in this country, those sub-
jects, which, according to the lanjgnage oftliia
resolution, tbe Constitutional Society sincerely
hope that the people of England would give
attention to, as discussed in Mr. Paine's first
book. In that book these doctrines, with re-
spect to Great Britain, are laid down: ^a
constitution is not a thing in name only, but
in fact ; it has not an ideal, but a real exist-
ence ;*' and you wUl find this extremely im-
portant, because in the result of the whole
evidence that 1 have to lay before you, it will
appear that they did not only distinctly dis-
avow making any application to parliament,
but the competence of parliament to do any
thing by way of reform, because the country
had as yet no constitution formed liy the pei>-
plc, Mr. Paine proceeds t ** Can Mr. Burke
produce the English constitution ? If be can-
not, we may fairly conclude that no such
thinc^ as a constitution exists."
After staling that the septennial bill show-
ed that lliere was no such thing as a consti-
tution in England, the book stales a farther
fact, not immatcriaK that the bill which Mr*
Pitt brought into parliament some years ago
to reform parliament, was upon the same er-
roneous principle, that is, upon the principle
that parliament was able to reform itself.
With respect lo other subjects, to which the
attention uf the people of^England was called,
you will find that this book, speaking of
modes of government (and this is also ei-
Iremely material with reference to the con-
slructiun of what is aflcrwards to be slated lo
you), represents that ** the two modes of go-
vernment which prevail in the world are, first,
governments by election and representation ;
secondlv, governments by hereditary succes-
sion : the former is generally known by the
name of republican, the latter by that of mo-
narchy and aristocracy/'
He divides government into government by
election and representation ;— a representation
founde*! upon election, and election founded
upon universal suffrage ;— and government by
hereditary succession. He then stales that,
from the revolutions of America and France,
and the symptoms that l»ave appeared in
other countries, it is evident the opinion of
i\\£. world is changing with respect to govern-
ment, and that revolutions are not witTiin the
progress of political calcutalion; and that Ihe
British government, not existing upon the
principles he recommends, is not a govcm-
uicnt existing upon such principles that a na-
tion ought to sunmit to il ; ana that the par-
liament of the country is not able to form *
government, that will cjdst upon those priacK
pies.
S83] S5GE0EGE lU.
Genilemeiiy tt is a very remarkable cir-
eumstaace, as it strikes me, that, though va-
rious societies had existed in other parts of
Great Britain, till about the time of the for-
mation of the London Corresponding Society,
none of these societies had asked or invited af-
fihation wilh the London Constitutional Socie*
ty, which you will find they all ask and alt in-
vite about March 1792, whether by manage-
ntent or not, I do not pretend to detemiine^ it
will be for you to judge ; but they all ask and
all invite aHiliation with the Constitutional
and Corresponding Societies^ as soon as the
latter is formed.
Upon the 16th of March 1792, you will
find a rjesolution of tlie society for Conslitu*
t^onaX Infonnatiou, which states and returns
thanks for a communication from Manches-
ter» signed *' Thomas Walker,* president,"
and " Samuel Jackson, secretary ;^' in which
'' they return the thanks of the society to Mr.
Thomas Paine," who appears to have been
a member, a visitor of ttiis Constitutional So*
ciety, " for the publication of his Second Part
of tne Eights of Man, combining Principle
and Practice." I shall endeavour to stale to
you in a few words what is the combination
of the practice stated in the Second Part of
the Bights of Man, with the principle in the
First Part, " a work," they say, ** ot^ the high-
est importance to every nation under heaven,
but particularly this, as containing excellent
and jiraci legible plans for an immediate and
considerable reduction of the public expendi-
ture for the prevention of wars, for the ex-
tension of our manufactures and commerce,
for the education of the young, for the com-
fortable support of the a^ed, for the better
maintenance of the poor at every description,
and, finally, for lessening, greatly, and with-
out delay, the enormous Toad of taxes, under
which this country at present labours.
** That this society congratulate their coun-
try at large on the induence which Mr Paine 's
pubhcations appear to liave had in procuring
the repeal ot some oppressive taxes in the
present sfission ot parliament ; and Ibey hope
that this adoption of a small part of Mr*
Paine^s ideas will be followed by the most
strenuous exertions to accomplish a complete
reform in the present inadequate slate of the
representation of the peooic, and that the
olner great plans of public bentfit, which Mr
Paine nas so powerluUy recommended, will
be speedily carried into effect/'
Now, < n, as Mr. Paine*s plan for
the reii present inadtiouatc ulale of
thf ' ' V ' W
to, 'til-
UUit.M r'^''' ij'''- "lun I'iaLinT', .uili .is it
is stated that the other great plan-S of public
benefit, which he had 50 powerfully recom-
mended, would bt* speedily carried mlo etfecl,
it will be necessary to Aow jou, from this
letter, what were thoiic plans tor the rvmcdy
Trial qf Thomas Hardij
of the inadequate stale of the rcpresentatioiil
of the people, and other plans of public bene
fit, which this society, receiving tne thanks o
the Constitutional Society, hoped would bsl
carried into eflect.
Gentlemen, I do not take up your tim« in
stating the passages to you, but represent to
YOU the substance of that book ; that it is a
book distinctly and clearly reconimendmg tho.
deposition of the king ; if the passages in thai i
book do not prove that assertion, there is ncJ
evidence that can prove any assertion : it is M
book, moreover, which not only puts Uie kici|||
out of the system of the government of ih«]
country, but, according to which, if a perfei
representation of the people is to be formedi^
it IS to be formed not by a parliament ejusting J
in a country ^ — in which that gentleman staieM
that no constitution exists— not by that par-l
Ibraent, which he states to be totally and ab»|
solutely inadequate to the great work of forin*^
ing the constitution upon tlie rights of m«a
and equal active citizenship, which he recom*
mends: it is a work, which calls upon the peo*^
pie of England to do themselves justice in
another way of proceeding, and to form
I constitution for themselves before they ca
have any government, which is to exist upoij
I true principles. There is then, 1 say, in tlif
j beginning of this thing, a deveiopcmeol of '
' these purposes ; and I say, bey on u that, that
I if I understand the effect of evidence at ali^_
X shall satisfy you that those, who voted thin
resolution of tfianks, knew that the principlefi
I there referred to, were principles that would I
I have this operation, and meant that thejfl
should have this effect. . I
The next thing I have to state, which X\
! shall not go through very particularly, is con-
tained in a resolution of the Constitutional
Society (some of the members of which, li
shall prove to you, began to leave the &ocietjr1
about this time, stating distinctly that theyi
understood its principles to be now (hfTerentl
from the principles it had formerly acted!
upon, and to be such principles as i havml
stated) entered into upon the '23rd "«' MinH'
1792. They resolved that another
cation, which is from Sheflield, - o,
published in the Morning Chronicle, and iii|
several other uewspapens, wtiich they i
tion.
With respect to the communicAtion from
Sheffield (and it is a remarkable M ' ',
from SheiAeld, and from Norwich, 1 1 1 d j
be writing, on the same day, for tiic ^ain«
purpose— that the societies of Shcl^icld
Norwich might be aftdiated with tlif London
Constitutional Society, and the Shcfiictd peo-
ple were ^^^ - ■ ■■ ^ -it it, if it were tl»©if j
<jwn act nil ^ry wrote mor« I
one letter i;- ^^. • , ;.; ^ :, U), it is to this
fectt
^^ lii> navv iihotit f'uur rnuiilhh siuct" this SO»
r^kdv&ed wiii uilwfti you of thor
fur Tfigh Treason*
wUkh is most probable, will soon be-
TW numrrous ; and not only this large
»vvo, but the whole neighbour-
uiilcs round about, have zn at-
>Q U3: most of the towns and
are forming themselves into
ltim>i-i« ii^ , and strictly adhere to the
Imodr of ri r us : yovi will easily con*
tc' '' ior the leading members
irict attention to good or-
. , , Lind llie need we tiave of
communicating with those
Lie friends and able advocate*
foe th« same cause ; for these reAsonswe took
the liberty to write lo Mr, Home Tooke, that
lorthy friend and patriot for the rights of the
i^oplc, tn forming him of our earnest desire of
ifwtcri connexion with the society of
the 5 ioinalion of ours in London;
vcr) obliging and affectionate answer fa-
'iRQurs us with your address; in consequence^
' iken the liberty herewith to trans-
J some resolves, which were passed
#t inir ia>t meetings by the whole body, and
'^^- committee was charged with the dispatch
ppr, ♦.,... .rvl forwarding them lo you ac-
' I : Ue purpose of submitting them
'%> lh< 'Alion of your society, and to
. m as they think most pnidenL
Tou ' notice the Belpar address: they
l^pplied to us about two months ago for in-
tions as to our mode of conducting, &c.
not then formed themselves into any re-
dLSaociation. Belpar is nearly thirty
from this place, in Derbyshjre, and
il or t<?n mile? from Derby.
**lf ■ ely for Constitutional Informa-
0 u should vouchsafe so far lo
to enter into a comiexion and
with us» il cannot fail of pro-
!'s . and a<iding strength to our
'!• trs^ and to the common cause,
£l. .^ .,. ciilire motive we have in view.'*
Th^v then, upon ihc lith of March, 1709,
HI J ihdi Un-Yc was a <:onnexion between
'1
^L
H U}
I
itV
liai
fCD!J«rrn;iui^ Oi
fuTlT
•rh
\ei tliiC j^
for tt^ ai
itioual and London Cor
V (and that they should
on ihc t4th of March, which
1 before the :JOth, when Mr*
Mr. Tooke the resohilions
ned in the name of Mr. Hardy
as a communication to him
V such a body as the London
S:»t lety^ is a circumstance that
tM-rij; they then add, ** We
ibrrty nf enclosing a parcel
m .in^wrr to a letter from him
rt'<]ut>tjng some informatioQ
r UK ihu^rof conducting the
"i ' M ^ .rked in, &c, also in-
Ixjndon a number of
; , , ike. forming them-
cifty on the broad basis of the
You will be so obliging as to
in with youuntd he call
po^t 1 have wrot€ him
liMni»t W c have giirtn him our manner of
proceeding; from our setting out to this tJrae,
and hope it may be of some use. The im-
provement we are about to adopt is certainly
ti)e best for managing lar^e bodies, as in
great and populous towns, viz. dividing them
into small bodies or meetings of ten persons
each, and these ten to ap[»oinl a delegate;
ten of these delegates form another meeting
and so on, delegating Jrom one lo another,
till at last they are reduced to a proper num-
ber for constituting the committee or gmnd
council"
There is another letter of the same dale,
which has a remarkable circumstance about
it. It is addressed to the Constitutional So*
ciety. Gentlemen, it states that " this so*
ciely/* that is, the same Sheffield Society,
" feeling as they do, the grievous effects of the
present stale defects and abuse of our countiy^
— (the word originally m this letter was ccwi-
itiiution, but the word constitution, not being
that which was Uked, by some very odd acci-
dent in the letter froni Sheffield, the word
ctmnfry, in the hand-writing of Mr. Tooke, is
substituted for C4fn%titutian)^-^* the great and
heavy oppressions, which the common people
labour under, as the natural consequence of
that corruption, and at the time being sen-
sible to a degree of certainty, that the public
minds and the general sentiments of the peo-
ple are determined to obtain a radical reform
of the country," you will mark these words^
" as soon as* prudence and discretion will
permit, believes it their duly lo make use of
every prudent means, as far as their abilities
can be extended, to obtain so salutary and
desirable an object, as a thorough reformatioa
of our country,'- the word country bcingagaia
in the hand-writing of Mr. Tooke, ♦'esta-
blished upon that system, which is consistent
with the rights of' man,"— for lliesc reasons
they stale their formius into clubs, as the
formrr letter did, and they conclude thus—
*' llial being thus strengthened, this society
may be better enabled lo govern itself with
moVc propriety, and to render assistance to
their fellow-citizens in this neighbourhood,
and in parts more remote, that they in their
turn may extend useful knowledge still far-
ther from tuwn lo villa|»e, arid from village to
town, until the whole nation be sufficiently
enlightened and united in the same cause,
whirh cannot fail of beinjr the case, wherever
the most excellent works of Mr, Thomas
Paine find residence/'
Those works are the works which have
held an hereditary monarchy, however li-
mited, lo be inconsistent with the rights of
man ; which have held the constitution of
parhameul in this country to be inconsistent
with the rights of man; and those works,
upon the principles of that inconsistency,
have held even the parliament itself incom-
petent to reform any abuses in government.
The paper they transmit stales as a fact,
that the number of members at Sheffield
were, in March 1792, two thousand. TWiS
Ihc Constitutional Society in London and llie
Constilulional Society at Sheffield, thus riu*
iDerouft^ should have had no connexion by
affiliation till the 14th of March, tr9«i
though, on that t4th of March, 179 2» it ap-
pears that the Sheffield Society had had cor-
respondenccj and had become connected with
the London Corresponding Society, prior to
the London Corresponding Society sendin*
the paper 1 before stated to the Coustituliond
Society, is somewhat remarkable.
The paper proceedfs thus : " This society,
composed chiefly of the manufactiircrs of
Sheffield, began about four months ago, and
ia already increased to nearly two thousand
members," In this letter, dated March 14,
1792, they state it to have amounted to two
thousand, exclusive of neighbouring towns
and villages, who were tbrming themselves
into similar societies. They then state the prin-
ciples upon which the societies are formed,
and that " they have derived more true
knowledge from the two works of Mr. Tho-
mas Paine, intituled Rights of Man, Fart the
First and Second, than trorn any other author
on the subject. The practice as well as the
principle of government is laid down in those
works, in a manner so clear and irresistibly
convincing, that this society do hereby resolve
to jy;ive their thanks to Mr Paine for his two
said publications intituled Rights of Man/^
Gentlemen, I beg your pardon for address-
ing you so much at length on tliis case, but
I feel it my bounden duty to the public, to
you, and to the prisoner at the bar, to warn
yon fully of the whole of it. There is nothing
which, I am sure, would more certainly h«p»
pen, than that I should go^ not only out vf
this court, but to my grave, with pain, if 1
should have slated ti> you in a proceeding of
Ihis nature the doctrines of Mr* Paine, otner-
wise than as I think of them. If that is
meant to be intimated, that we may have no
dispute about them, and that we may not
misunderstand what is that principle, and
that practice, to which the passage I have
now read alludcj*, you will allow mc to read
a few passages out of this second part of the
Rights of Rlan, stiid to contam both the prin-
ciple and practice of government, and then I
ask you what those must have intended,
with respect to the government of this coun*
try^ who meant to take any step in order to
make a change in it, in such a way as the
pnnciple and pnactice laid down in that book
would require them to make it, rccoltecting
that the government of this country is a go-
vernment consisting in a king, having an he-
Tedilary crown, together with Lords and
Commons, forming a parliament accordmg
to the hiwft and constitution of England.
•thor» in the first nlace, fx-
eal of what poWibly may be
:^bt of h\
^ot call go
ur he saySj
.t!iM' nrr:«.Hns, but
of
gi iho Amtncan war. he w«a ftixviigly im*
pressed with the idea, that if he could gel
over to England without being known, and
only remam in safety till he could get out a
publication, that he could oj>en the eyes of
the country with respect to the madness and
stupidity of its government."
Let us see in what that madness consist
according to him : having stated in his for^
mcr booTt that a government ought to exist
in no country, but accordmg to the principles
of the rights of man— he repeats agsiin the
distinction he had stated in his former book|
between what he calls the two systems: he
says, '* that the one now called the old is he-
reditary, either in whole or in part,*' which
that of England; and the new is entxrel
representative," — ^thal is, a government coi
sisting of a Commons Hous-c, if you ch
so to call it— We know, that in 1649 t
roline government in this country was call,
a parliament, called a Commons House, am
it was then enacted, that if any persons shouh!
attempt to put a king into this country, they
should be deemed traitors, with much less of
an overt act manifested than is necessary' at
this day. Again, it is stated, " an lieritab;
crown, or an heritable throne, or by whal
ever fanciful name such things may be cali
have no other signi^cant explanation 1^
that mankind are he n tab I e property. To in-
herit a government, n^ to inherit tlie people^
as if they were flocks and herds.'*
" Hereditary snccessiou is a burlesque npoi
monarchy. It puts it in the most ndiculou
light by presenting it as an o4hce, which an;
chdd or idiot may 611. It requires sonm'
talents to be a common mechanic, but to b«
a king requires only the animal figure of
man, a sort of breathing automaton. This
sort of superstition may last a few years
more, but it cannot long resist the awakened
reason and interest of man ;'* then, ** in what-
evor manner the separate parts of a constitu
tion may be arranged, there is one geuersd
principle, tliat distmguishes freedom from'
slavery, which is, that all hereditary govern-
ment over a people is to them a species a^
slavery, and representative government ~
freedom;" then, speaking of the crown
England, that crown, in which, according
the law and constitution of this country,
cording to its principle and practice, is vcst<
the sovereignty in the manner in which
have staled It, he says, " having thus glanci
at some of the detects ot the two Houses
Parliament, I proceed to wliat is called the
crown, upon which 1 shall be very rrinci«<?.
sterli I!
leave to upvLTv 1 in:it tm**, wniiii ji a
often detailed for the worst of pur[ i-
not but h^ L,w,,„., ♦,. those who yi
thing of 1 I of llie c t{
charge noi^, ^'^ ^vlin .y
thing of the c- j ]
who do not ki ^ \ ,
grofs miareprtacnlattou^-^* Lhtj busmeia of
Jbr tttgh Treaso
U.T). 1794.
[290
mi'
• >
moai-^.
^M 11
h, so^iic
Vi. a^M^^i
1 kiM:: jnu^jK
lao^behoi
i supcrs^titiuus
ilMiawce I
.,»hi.r. .1,1.1
»4iii»caJ1
I'
It,"
1 ' ,
,
anotlur pni I of this work.
^ «*
vLts very welt
%Witrr
rrcitjjantlents
i»t
composers of
U
(1 ; that thq
lgii£^.
hilionof
e to re-
•anaBiciv^i^
; , '
Hmt'mhnW
mih It
lUl.M
1 H>rj) 'Jl 'it
taMiJ
incnl: aivfl K; ti-
€d|y(}w. ^....i . liut h
IV*' Ih") 'ML.,.,,.,,, -t. use
if be hwi staled
it
k' even iri the
Ittneiiiiiif tif ir
'*?.
,i!i1j-hrs lliiS
l«k.i
re.
liHb Hi
.•-,: jiil'tH
«i4tl)r
ihc constitu-
IMOI 1
he foresaw
<^ in August I ;
^I'ii,
(itKl ( t^m prove, that
IhoK pcraon*, ^
111* 1
A'PTP Ihu*? approving tlie
knew that a
ly wUh those
ESSr
Ivtrnfilei; #»»'}
ii itiem therefore,
£2."^-'"
J/.
4 kiiig s)jouid not
reiolntioas being re-
K'
^■mi''.^.-,
,.,, ^i-.rr...Lt .. .t-'i i^lttkcn
ofoallMm
ty, atid
t ^«|i, mhi^^^
to the
hMk llMvelii n>
ho**k of
^rpfOceedin-.
' uiHli;h;
bia tiiii t»
-0-
Pqoh wL
Vi,d
fiwStaifit
i Ui the lH>ok ; »iiul tiicn
wiOi j|¥i^
nation of thern^ in the
lUiiip
WorkJ, VmU Times,
Ax™,
^Llc^ojid (ieutr;*! Evcn-
' ling tiie
pnupid *
1 for the i
52Sr '
* ion,
is
Ibca,^ JUsrr^b tiiA, l^tK','— his hund^wnUu^
Ul« word* ** l^tt* ihifUianU mvmiH'n^*"
iiaikr, I rAxmot s;ty by him, hnt by
la^f, I •«p|HJ-« fnr iljc pvirpo!«e of being
famuli t (here i» ut tlte condu-
•i«i o: \T\ iho Ikmd-wntuiij ot
I: '
tccT^Aty do reiuru ike thanks qf
liu .in>fui^ ia ih€ SoCiitj/ for Comiitutionul
JM^imimn uiMi^k^d tu SMffici^I, ami tfwt
ke #«».-^.. #,5 1410^ ^ij^ wh^tjhmiUhip nmi
.J /Za'^ 'viely embraces tKcm^ as bruthrr
ffcri in the tam^ fntjse ; ■ * — ojf
3jiie :mt] practice I suppose. *' That he dp
'■ (htm i^' our tntirc concttrnnce itHik
Lilt it optmon, ru. (hat the ptopk of (hit conntr^^
are nntf us Air. httrke tcnna thu^Uy Kimnei'*^f»\
ihr iv'ri»"r of ihi-s mnsl have known very weln
in which an improper wurJ, £1
.. i imil, was used by the person t^J
whom lie now alludes, — but rational kin^i^}
better qualified to ifparote truth from en or
than hirnMti/f jyosnesiing more hondtjff and Us$
crafh
^* RtBotvfdt that this society niH an Friday I
ntrtf March 31jt^ ballot for the t etc he osw
$ucifited members rtcoitimtndtd by the Shcffitl^^
ctnumittte^ and approved ot IhiS meeting,-* — -J
T' 1 iJiia paper is tJvua ordered to be pub- 1
1 for the primary purpose, I submit, of!
itLniumending that prmcipic [and pr;u:ljce,]
which makes the Sheffield people ** fellowv j
labourers" with the Constitutional Society iQ
the siime cauisc of principle and practice, an4
which, both in the ])rinciple and practice, waf ]
anued at the destruction of the govrmraent of]
the country; — of that hereditary mormrchy. J
which Piiine represents as tyranny;— of tha|j
linated monarchy, which he represents ai
tyranny ; and for the purpose of recommendT I
ingXliai repreiteHtative government f which, I]
say, is the true sense of all the words which '
these people use :— but this is not all — you
will observe, that this paper of resohitions
was accoaiptuiitd by a letter, in which letter '
there is also the hand- writing of Mr. Took«x |
and thai the paper states that two thousand .
members belong to the Bocicty at Sheifield,
and that tliis number is to be ttalcd by pul^
lication, as the mmiber of persons belonging ^
to the ftociety at ShclTitld. In another pubh*
calum they are stated to amount to twa
thousand four hundred^iu November J 793,
it is stited^ that they were many thousands i '
now you will see from the witnesses, some of
these eurrespondeuLH, these able men, who
are so little corrupt, in the course of cxamirm*
lion — ^you wdt see, unless I am mistaken ia
the cllect of the evidence I have to oHcr, the
truth of an obT^crvatloti that 1 made, that
mankind were to be misled, and societies
were to be invited to be created, by the mis-
re^trcseniaiion of numbers, and by j^iving tQ
'Msting fiocieties a colour in I hat respect,
nhuh did nut bclunja; to them; tor to this
after all the pains which have been
* with the Shctheld petiple (and what'
p.utjs ygu will hear), those persons, who
vNLre two thousand^ have yet arrived \o bu|
about six hundred.
Gentlemen, this iocietj, haviAE m thii
letter expressed an inclination tlmt the)f
should have some associated members in tha
Corutituli* ' ' ' • !'»Ualion l)e£»in9
ill the i V in Londcni
Will tind, that upon ihc lilstol
jHf^oni wwic ballotled fur as ii^ .. ..-
U
291]
55 GEORGE III.
Trial of Tkomtu Hardif
caw
field Society f and became associated members
of this society ; you observe, that this letter
had stated Vrom Sheffield thai they had
received before a communication from Mr.
Tooke, and Mr. Tooke afterwards writes a
draught of a letter which is sent to them, in
whicTi he slates, " I am directed by the
Society for Constitutional Information to
acknowledge the receipt of your letter, and to
express to you that vciy great pleasure and
satisfaction which they received from your
communication; the society have unani^
muusly elected t^'elve" (here follow the
names of the persons), ** as associated rasm-
bers of this society,'' — These persons being
certainly, gentlemen, extremely respectable
men as subjects of Great Britain^ but at the
*ame time men, that one wonders a lililc
should, upon such a purpose as this, without
a little more instruction being infused into
their minds, have been associated as members
into this society—** and we flatter ourselves,
that when any business or other occasion
shall lead any of those gentlemen to London,
they witt be kind enough to honour the
society by their presence, and give us an
opportunity of cementing that friendship
between us, which all the zealous friends of
public freedom and the happiness of mankind
ought to feel and exercise towards each other.
** P. S. I am desired, by Mr. Home Tooke,
to request each of the associated members to
honour him by the acceptance of the books
which accompany this letter f^ — which were,
I apprehend it appears, so many parts of the
Rif;hts of Man,
Gentlemen, upon the 24th of March 1799,
a paper apecars to have been sent to the
Constitutional Society from a nest of societies,
the United Constitutional Societies at Nor-
vrich; this was the 24lh of March 1792, and
it appears, as I am instruclcd, that the words
" 'i-tth March 1792/' are also in Uie hand-
writing of Mr. Tooke.
** At a meeting of the delegates of th«
Uniletl Constitutional Societies, held the 24th
March 1799, at the Wheel of Fortune, St.
Edmund's in the city of Norwich, it was
unanimously agreed to communicate to the
getatlemen of the London Society for Consti-
tutional Information, the following Resolu-
tions:
** 1st, We are happv to sec the success of
the Sheffield Society for Constitutional Re-
form, and approve of the delegations, which
yoti and they have made in order to form a
man of general infurmalion. We humbly
teg that you would grant to us the same
favour; aiid it is our wish, that all the
societies of a similar kind in England were
only as so many member and india-
^aotubly united in one poh ,.
"'idly. We briievc iu.a m^lructing the
people m political knowNnl-^c, and in thrir
^pftmral and inherent n ^
ttnlj e0eclual way to ol: i
fef nAum^ fur m«u neco oujv i><. mauc nc*
lUftilltadwitli the abuMJH^f government, and
wiia
they will readily join in every liwfut means lo
obtain redress; we havethc pleasure to inform
you that our societies consbt of some hui^
drcds, and new societies are frequently form-
ing, which, by delegates, preserve a mutual
intercourse with eacti other, for nuitual in-
struction and information; and the trreatesl
care has been taken to preserve order and
regularity at our nieetmgs, to convince the
world that riot and disorder arc no parts of
o\n* political creed.
*^ 3dly. We believe, and are tirmly per-
suaded" (and if any man thought so, he nad
a riffht to say so if he pleased), " that Mr,
BurKc, the once friend of liberty, has traduced
the greatest and most glorious revolution ever
recorded in llie annals of history; we thank
Mr. Burke for the political discussion provoked
and by winch he has opened unto us the dawn
of a glorious day.
'* 4th ly. To Mr. Thomks Paine our thankf
are especially due for the First and Second
parts of the Rights of Man, and we tiocere^
wish that he may live to see his labonrft** —
that is, the destruction of hereditary govern-
ment and limiled monarchy, and conscqueatlt
the government of England — ** crowned with
success in the general difliision of liberty
happiness among mankind/'
Gentlemen tnis letter does not ap^
(though the words, the S4tb of March, are is
the hand-writing of Mr. Tooke) to have beea
read in the Constitutional Society till the 14th
of May 1792, when they read this letter, and
also another, which I will now state to you^
from the society called the Norwich Revolu*
tion Society.
** The Norwich Revolution Society wbhes
to open a communication with you atthisttsicv
when corruption has acquired a publicity in
the senate, which exacts from the honour of
the Dritii^U nation renewed exertions for par-
liamentary reform^ — without prejudging the
probable event''— (Ihis is a raateriarpassage,
when you connect it with what is found m
other subsequent papersj — " even of such sn
application lo the legislature, tlie society is
willing to circulate the information, and to
co-operate in the measures, that may seear
best adapted to further so desirable and so
important an end ; it is willing to hope the
redress of every existing grievance at Xhm
hands of a government resulting from an cji*
Iraordinary convocation in 1688— an eatraor^
dinary convention of all, who had at auy pnv
ceding time been elected rcpreseutativct of
the people, assisted by the hereditary coun-
sellors of the nation, and a peculiar dcnuta*
tion from the metropolis; which natiooai
constilutin^ assembly cashiered for tttSscai^
duct a king of the house of Stuart**
The opinion^ and principles of this vode^
are bcM t by an appeal to ibeir lit^
raryrc( . o^^ To James Macki&lorit^^
* In 1&03 apfioinled Recorder of Bombay,
on which occasioti hertceiired the booouroi
knighthood.
«6]
Jm High Treatcn,
A. D. 1794.
i9Q^
IT I y^ the society
II aion and giu*
1 1^ J w ledge, Ujc tloquence, and
?h i\ splrU, with wlijch he has
jw Jed, aud commented on the
ui. nnce; it hesiialcs to assent
ri II i^ 43ptDioDS — that there are
rests in bociety, those of the rich
„,-^- uf the poor — if so, what chance
the luttcx ? Surely ihc interests of ali
I indusihous^ from the richest merchant to
I poorest mechanic, are, in every community
e, to lessen the numbers of the unpro-
x% \Q whose maintenance they cojUri-
p, ntvl \ii do away such institutions and im-
ridget)je means of maintenance,
the demand for iahour, or by
im^ 1 : as the means most condu-
<]ff« U* lehensive end» the Norwich
it ' sir«fi an eqiiiLable repre-
, it A^.^ni-, .^1 iVian by Tliomas Paine,
tod th« tdirice to the privileged orders by Joel
"^ ' iw,** A book which I sbaU give in evi-
' therefore shall slate some passages
^raESCOtiy, " have also been read With
ition and circulated with avidity/' — Now
^s book you wiU hud is, in llie plainest
tD09t tmequivocal language, as I uuder-
it, an ejihortalion to ail people to get
4if iuiigty government, and addressed more
|«ticuUrJy to the two societies I have mcn^
iMtdV fts ci.'i the substance of the bu-
im% in ^ are interested, as you
nil IM wb<'n i come to State the transaction*
dOctebcr 1799.
■ The Rights of Man by Thomas Paine,
tod %km advice in the privileged orders by Joel
Blvkr«r, have al^) becii read with atlention
lod drailaud with avidity ; they point out
%itJi dcamess jsosl of the ahuses which have
Utijittlilcd uoder tlie British government;
fifty att^^tk with energy most of the prejudi^
" ,vc tendedto perpctuale them."
A- any man living couJd tliank
|jc*jt4c without informm^ them tliat, if
Ih^ r«iJly meant well to their country, they
be i in the extreme, or something
could reconcile either the
ut iniHii oi Joel Barlow's book on the
Orders with the principles of that
in 1688, which is the foundation
i4'|Im litelies of this country, is to me quite
OBl^Qcpble, Hi If AhvT St at in (7 Uic consli-
toliQiioClli] r fabricated
1 vvclve names
led members from Nor-
i »piion of some of these
fxn^ al?K>, from a siiig;idar circum-
•tidicci te bp in the h^nd- writing of Mr.
Tmkau Tb' sr turns thanks to
Iba aockti*. md Norwich for
llip raioluiioiis uf the London Correspond-
M|Sadetj^ which 1 loir* -re sent ou ihc
MiirfMafi:b,ar« 10 '
** ItiOlvcdiTbat en f,- ♦^v.. - Uual has a right
to share in the government of that society of
which he is a member, unless incapacitated,
" Resolved, That nothing but non-age, ofj
privation of reason, or an onence a.i;ums£ therf
general rules of sucicty, can incapacitate hira^^l
** Resolved, That it is not less the right^.|
than the duty of every citizen, to keep ak
watchful eye on the guveruraent of thiscoun^l
try, that the laws, hy being multiplied, do notj
dt-generale inlo o(ypression, aud that those \vh<i
are intrusted with the government do not ^ub* '
stilute private miercst for public advitntck^'.
** Resolved, That the people of Great Bri-
tain are nut properly represented m parlia*
ment,
** Resolved, That in consequence of a par-
tial, unequal, and inadequate representation^
together with the corrupt method in which
representatives are elected, oppressive ta3tes,^
unjust laws, restrictions of linerty, andwasl^j
ing of tl^e public muney, have ensued,
" Resolved, That the only remedy to those
evils is, a fair and impartial representation of
the people in parliament.
" Resolved, That a fair and impartial repre- i
sen tat ion can never lake place until partial j
privileges are abolished, and the strong temp- \
lations held out to electors aBbrd a presump-
tive proof, that the representatives of thia
country seldom procure a seat in parliamentj^
from the unboimht suffrages of a tree people.
" Resolved, Tnat this society do express
their abhorrence of tumult and violence x
and that, as they aim at reform not anarchv^
reason, lirmness, and unanimity be the only
arms tiiey employ, or persuade tlieir fellow-
citizens to exert against abuse of power.**
Gentlemen, in this, which I have now read
to you, I am willing, if you please, that you
should construe every word of it, though cer-
tainly it is not consistent with the principles
of British government, upon tliis principle,
that those, who sent tliat paper to the Consti-
tutional Society, if it even was sent there at
alt, really understood it to be consistent with
the principles of the British government; and
1 claim no credit fur the veracity with which
I assert, that this conspiracy has existed, un-
less 1 show you by subsequent acts of this so-
ciety, that at this moment they meant what
Mi\ Paine hays, in principle and practice, is
the only rational thing— a uprescntaiivt gO'
Terument : the direct contrary of the govern-
ment which is established here.
Yon will find, by what I shall lay before
you, that there was a society in South war k,
— ^lo this society the London Cor res pond uig
Society, in a letter which I iiave to read to you
presently, stated their adoption of all Mr.
IVine^s principle*, with a view, as I think, ta
the pracUcc recommended in his works t thif ^
society also received the thanks of the Consti-
tutiona! Society for a communication which I ,
am about to state to you ; and the Londoi^ |
Corresponding Society afterwards entered, as ,
it seems to me, into a combination with thcm| ^
upon tlic prhiciplcs stated in that coiummu-'
295]
35 GEORGE III.
cation: I say it is impossible^ attendittg to
tliese facts, for any man who reasons fairly,
to doubt that the principle of the London
Corresivonding Society ana of the Constitutio-
nal Society was, to form a repretentative go-
vernment, in this country.
A declaration from a society in South wark
was read :— *' Resolved, that the thanks of
this society be given to the Southwark society
for the following communication, and that it
be published in tne newspapers :
•'April IP, t79t2, at the Three Tuns tavern,
Southwark Resolved, That we do now form
Ourselves into a society for the diffusion of
political knowledge.
: " Resolved, That the society be denomi-
\ sated the Friends of the People.
" Resolved, That the following be the de-
. claration of this society," — which is the pre-
■ amble to the constitution in France, in the
; year 1791.
" Considering that ignorance, forgetfulness,
or contempt of the rights of men, arc the sole
causes of public grievances, and the corruption
of government, this society, tbrmcd for the
purpose of investigating and asserting those
rights, and of uniting our efforts with others
ol our fellow-citizens for correcting national
abuses, and restraining unnecessary and ex-
orbitant taxation, do hereby declare—
" First, That the great end of civil society
is general happiness.
** Secondly, That no form of government is
good, any farther than it secures that object.
^ "Thirdly, That all civil and political autho-
rity is derived from the people" — that people,
of whom they were afterwards to form a con-
vention.
" Fourthly, That equal active citizenship is
the unalienable right of all men; minors, cri-
minals, and insane persons excepted.*'
Now will my friend dispute with me what
these principles, according to the ideas of those
who state them, lead to ?
" Fifthly, That the exercise of that right,
in appointing an advijuate representative go-
rernwc«f,"— that is, the government, which
Mr. Paine tells you, rejects every thin;» that
is hereditary— is what; — "the wisest device
of human puliry" — not only that, but it is —
" the only security of national freedom." —
Tlien, is not that a direct assertion, that the
British government exists upon principles not
reconcilable with the principles of a govern-
ment thai can have any security, or such a
security as it ought to have for general free-
dom?
The Society for Constitutioniil Information
return their thanks upon that also, and then
those persons who write this letter say far-
ther in the same paper —
" We cull upon our fellow-citizens of all
descriptions, to institute societies for the same
great purpose"— that is the purpose of intro-
ducing representative government — ** and wc
recommend a general correspondence with
each other"— but alticlicd and rivelted to the
Trial of Tkomoi Hardy \2S&
Constitutional Societv— '^ and with the Soci-
ety for Constitutional Information in London,
as the best means of cementing the common
union, and of directing with greater energy
our united efforts to the same common ob-
jects."
What were the objects of this society } You
will find that the objects of this society were
the objects of the Constitutional Society;
and you will find presently that tlie^ were
the objects of the Currespondine Society : —
The Constitutional Society resolved, ** that
every society, desiring an union, or correspon-
dence with this, and which doth not profess
any principles destructive to truth or justice"
— now this gives occasion for the first remark
I have to make upon language — •* or subver-
sive to the lil»crties of our country : but which,
on the contrary, seeks, as we do, the removal
of corruption frum the legislature and abuses
from the government, ought to be, and we
hope will be embraced with the most bro-
therly affection and patriotic firiendship by this
society."
I observe upon this, that all this handsome
langiias;e is perfectly consistent with this
principle, in the minds of those who write it,
and they do not venture to explain it, because
I think they durst not explain it,— with this
idea in their minds, that those principles
were destructive of truth and justice were
subversive to the lil)crties of the country,
which were principles in opposition to those
of Mr. Paine; and that all practice, that was
in opposition to the practice he recommends,
was subversive to the liberties of the country.
I come now to a circumstance or two,
which lead nic to state shortly what will be
proved to be the original constitution of the
I/)ndun Corresponding ScK-icly — the plan (the
eflicacy of which had been tried in France,
and which men, who ctmie from thiit cotmirj',
were probably well acquainteil with) — was, to
unite, first sniall bodies of men — as s<ion as
they tame to a greater number, to divide
them into smaller parties, and so to spread
themselves by degrees ^as you will find in the
letters, was the piirpose of these societies),
from town to town, from village to villag^e,
from hamlet to hamlet, till, as they explain
it, there should not be an unenlightened man
in the country.
The constitution of the London Corres-
ponding Society was formed upon this prin-
ciple ; It will appear from the written evidence
which will be produced to you, that a gentle-
man of the name, [ think of Felix V'aughan,
was appointed a delegate upon the 30th of
April, lor No. 63 ; that Mr Hardy consulted
him ; and, bein^ also appointed to form a
constitutional code of laws for the London
Corresponding Society, Mr. Hardy consulted
him u|)on that subject. The preamble to tlie
resolutions which formed their constitution
was this : " Whereas it is notorious that very
numerous burthensomeand unnecessary taxes
arc laid on the persons and families of us and
Jbf High Tremom*
ns inhabitants of Great
Iv >Tf ;it mrijority of^hom
' fh>ni all reprt?-
>^ iipoii in*juiry \
t,% >fhich \s at (
mstry, and a di- |
Ut)v>u i>l uur |>roj>crt>\ wr. tin<l tUat the (
llitiiMlinii ».r«»iir couulry» which was pur- j
enpeniRc of the Uve» of [
V the violence and intrigvic )
_ n, been injured I
^etilial and im- 1
rriv tn the Houfteof
■u\t pf the supposed
.1,. .^ i,#MtLr.r- .,,^,ro
-t such do fL<>ftertioQ in this
I of Iftw in this country has not
imctcr that belongs to law ;
rd power *rva'^ ever to be em-
Mon of that
iicielyaim-
i w;lli liieir own principles, rc-
lotnent iinintelligiMc to itie —
' <?inthemodeofeIcc*
liamejit^i, or from a
' - i corpora-
iie«5ot this
'J ^T^.,v from the
licrs of parhattienl:
n. iiM thii until this
Ld by the
jiiessj and
t' are robbed of
>ii hvourforc-
A. D, 1794,
[2
» diid UiTti our ta*
wi!! ffo on 1
rd tor the sail
v^tlupteil the
' roftl order
. iuid pensions,
trlianienl : we
ourselves
ly, for the
nruJ others of
par liame alary
•— "f'ul bui
lOce,
and so-
Thry thtn slate
lution hav-
1 it af\cr-
t observa-
> it in I he
for No, m\ Mr. Rkhter, a party tiamtd in
ttiis indrctrneni, and Mr. Marhn v,Mr.ih«»r
parly, a«;ainst whom the graoM vc
Ibund a 6iU, but who is not natnr^ in-
dictment^ ore also appointed delegates. Mr«
Hardy is not only secretary, but he b tp-
pointed, upon the IDth of April a d^l^gate ;
and there is a choice of delegates for the
whole of these bodies. You will find they
afterwarrls met from lime to time, to pur-
sue the great purposes of their ineornor**
tion, at an alehouse, I think, the Betl m
Eaeter street, in the Stmtid, from which plaeo
some of the correspondence I am about to state
to you comes.
Gentlemen, the Society for Constitutiotuil
Information, having affiliated several socie-
ties very suddenly with themselves— whether
Mr, l^inc remained in this country or not I
cannot tell — they felt an incliuation to affiliate
with another soticly, which Is to be, as it ap-
pear* to me, in justice to ibem, very slronyly
dislinj^nshed indeed w^ith respect to the prm*
ciples upon which they acted, I tomu the
society calling itself the Friends of the Peo-
ple, meeting at Free Masons* Tavern : with
what prudence or discretion that society
formed itself is a subject which I shall not
discufis, but it is a mosi important fact, that in
the first attempt, which the .Society for Con-
stitutional InfornmiKjn made {and it ought to
be knovvn in jU5iliee to the Friends of the Peo-
ple), the first attempt they made to affiliate
themselves with the Society of the Frti-iKi^ of
the Peopld, that society^ in coi ,ce
that will be read to you,' act 9 as - vh
dual members of the Constitutiontii .Society
had done ; they say—** No, we discover y^uf
design from wlial you are doing; you tell u«.
from your apprabatiou of resolutions eiiterea
into at Manchester, signed by Mr. Walker
and Mr. Jackitun, that you approve the sort of
schemes Mr. Pajoe has set lortlij— that you
approve pnjccts of giving, in loo^e and inde-
finite terms, the tiiU extent of wK^' ^^"' fsill
the rights of the people, to the | ii
is notour intent; we think"- _ lUe*
men, many a man may vti Ihinit
it, but he must go about thf k of hie
thoughts in a le^l wdVi il 1>^ dot-s au think,
if he means to reduce his thoughts into prac-
fice— -" we think ihdt paHi.tmeru is not arle-
ijitatc to all the end^ f^^^r which it i* ifHfiUited
as n liody, Ihroui^h which is to 1" as
fiiT !*^ the consliintiou requires, H ^hc
■ '.' '• r ■ ■ ' ■■ ■'"■ ■'" ' I mean;
coneti-
'.viMLri ill- 1 1..,'-( >'n. M- ,..--, .-i' meafl*/*
d John RusAell! in a letter, which wiU
- 1,1 i,r. >,.).. r Uie tbrm«« of the con-
musl decltiM all em--
;
«0J.
Jenii^n, it h:ippen%— it l>eUmgs it SO-
; ^ ^ uf thi^ nntTtrr^ nnd ! desire to IMj
^ — I umJrfalood, ' ♦ lt» only as
lioti, Vol 23, p. I stating a tn u its nature
I docs belong to tUu:>t: ^uiicUc^, autl whicb
3
35 GEORGE XU.
kippeo— tlmt il was thought necessary, for
the great purpo&e of domg that which was
eventually to be done, that a society, which
had rejected co-operation with the Society for
ConsUtutional liifuroiatioD, should stiJl be
iept, for the purposes of the Society for Con-
stitutional Information, in fact and cifect
corresponding and connected with it* Ac-
cordingly you will find that this Society of the
rrienos ol llie People, rejecting upon principle
the plan wlilch they tliotight abandoned the
forms of the constitution, that this society
retained, in its own bosom, according to the
iccouot I have of it, many raembcra, who
happened to belong to the other society, and
Ihe work of both societies went on by the
same instruments : they were thus therefore
ixkooected in fact, though they did not choose
as a body to have one society in connexion
with the other.
Gentknaen^ having stated that, you will
allow me now to mention^ though it is a Uttle
out of date, but it also connects itself with
and illustrates the last observations I made,
that the society at Sheffield, which had con-
nected itself by affiliation with the Society for
Constitutional Information, and you will also
find with the London Corresponding Society,
had received, about the 'i4th of May» inteUi'
fence from the Society of the Friends of the
eoplc, which stated to them very correctly
what their objects were, the means by which
they meant to accomplish them, and the
attention which they meant to pay to the
forms of tlie constitution. You will now see
what Uie Society for Constitutional Informa-
tion understood to be the objects of the
Sheffield Society, and what the Sheffield
:iety understood to be the objects of the
:iety for Constituiional Information. The
lefficld Society (though I do not know that
they kept their word) dlsimctly disavowed, in
a letter of the 26th May, to the Constitutional
Society, having any thing more to do with
tJial society— called the Friends of the People
— which meant to preserve the forms of the
constitution ; represented that they had totally
misunderstood them, and would have notliing
more to do with them, Vml to the extent, to
which the Society for Constitutional Informa-
tion permitted.
You wUl fiiid in a letter from Sheffield, of
the Jflth of May, and this corrected by Mr.
Tooke, that they thank the Constitutional
Society for accepting their mtmbers, Tiiey
then state that they had increased to two
thousand four hundred. — " On Saturday last,
the 19th instant, we received a packet nf
printed addresses, resolutions, &c. from the
Society ^Vrr- ML«vn»,v' '^;iv^Tn^ which, on
maturt
well rti
as we t
diflcreii
SU'-'
ht.
■. not no
V lO U5t
if liicy biid jh
icw ; nor do n
' ct, as w(
^rcled froi^
tion of ^ ^cspccUblc a body, undci tUe hi
Jritt/ of Thomoi Hardy
denomination of the Friends of the People*
In our opinion, their answer of the 19th
instant to your letter of the 27 ih ultimo is no
ways compatible with that appellation ; from ,
the known respectability of many nan
which appear amongst \hem, we had enti
taiued great hopes of their real use,*' — mar]
the words, gentlemen — " in obtaining a the
rough reform" — now mind what that refor
is — ** in obtaining a thorough reform up
the principles of Sie rights of man,** — that is
a representative government, rejecting
king, and rejecting every otlier part of the
constitution of this country, except so far as it
was consistent (indeed it is not consistent ]
with any part of them) with the princinlci ol
the rights of man — " which can never ne ae«
compUahed until every man enjoys his lawful
and just privileges.
^* Previous to tlie reception of this packet,
we did communicate to them by letter the
]^ leasing hopes it reflected on us on looking
forward, viewing such respectable characters
signalizmg themselves in support of the
people's rights, agreeable to the above princi-
Eles, and the denomination by which thcj
ave entitled themselves, &c. In due coursei^
they would receive our letter last Thursdaj^
seven- night ; and in consequence, we appre
bend the packet was forwarded to us on the
same day, but without any writlcu communi-*']
cation. We shall not attempt any further •
communication with them, until we are
favoured with your sentiments upon the
subject, or until matters of doubt which are at
present entertained be removed.^ Then there
IS a note, which shows the necessity of this |
fostering care of the Constitutional Society i
they say—'* Birmingham in panicular claimi^
all the assistance from estaohshed societie
which possibly can be administered.*'
Having written to the Constitutional Society
upon the 26th of May, they 6nd it expedient^
for the same purpose, to trouble their corres^l
pondentsofthe London Corresponding Society ^\
** We were favoured with your very aflfecUo* I
nate letter of the 7th ultimo, and communica-J
tion, in due course ; and I am directed by. I
this society to inform you, that it is withH
infinite satisfaction they receive the informa* I
tion, that your firm and laudable endcavourf ^
are directed to tliat effectual and necessary
purpose, of opening and enlightening the
public mind, and di> i^i; useful know-
ledge amonestthe gi uf the people i J
by an orderly procecamg in » firm mn-suil of^
truth and equity, there cannot be a uoubt but
that our joint endeavours will in due time he
crowned witli success*
" As brothers and fellow-labourers we con*
gratulate you on the rapid progrees ot usefiil^
and real knowlcdi^e In the vLirii»us ^mrtsof this i
n, which - th,a the
cannot bt . inith will
•redommaiJ uiurt» gtnerallrj
cd, and b. lum more uutj
-ught aAer* VV hen pride^ ambitkiOp
SOI]
Jiir High Treason-
A. D. 1794,
[302
agoonrtice give pl^cc to these virtuea,
Hhcil ojiprcfsion ceases and charity abounds,
Irheii men in principle and practice verify the
oly and advantage of doing to others as
htT wash to be done by ; then, and not till
en, oin any people or nation be said to be
** Wo have herewith enclosed our rules,
Should have written you much sooner,
on account of a diappointment in the
riuting of our articles, ike.
'* Our numbers continue to increase,-4K)th
e, and in the adjacent towns and villages ;
general coucurrence prevails, as to the
aty of the business, and the measures
iopted by this society for obtaining our
(bject. It will be of peai importance to the
I wc arc engaged in, that a more frequent
Eiunication be maintained amongst all
t aimilar institutions; for which reason we
the favour of your correspondence at
^ : vcnient opportunity, which will be
111 ^ine to lois society, who in return
* .^^^ » . . t ui se I V V < • < - I ' ^ f r V e I h e sa me rul e, ' ^
Gentlemen, li ed lo you now what
Iwa*: tliii tilt , ,A the Friends of the
op' > be the object of the
*in ry» and I agreeing with
in ii lieir disicovcry upon that
ibjectwus and right, you will find
\ neceasary to gu back, and to proceed in the
*• of time to the ?th of April. Mr. Hardy
nt from the London Corresponding Society
copy of their resolutions to the Society for
atti ' ' " ! nation, which was estab-
• r^ and desired also to
I currcspuiiutiiic with them, as they were
* in one common cause ; that
P^H-ui... s;,„ u.»v vQy ^in recollect, which
■^1 er great benefits which
^, l^^,^ .„^ „ i:J, would be carried into
Urn sayf, ** Wc began this society about ten
*l aeo; it h compOMd chiefly of irades-
UM shopkeepers. The enclosed will
I you of the principles wc set out upon.
'^Vfh/m ^Hf^ ^fM n*^^}^\nif^A, we flattered our-
lliai s in the nation
ffontii nciplcs — butin
or ihrv; ^ we were most
Wy inforr J ren at Shelfield
taken the kuu lu ^t^ i^iorious a cause
Dctliately wrote to U»em, and were
^1 »-;iKi...* .t..i ,^ * vnrr^^inj^ d wiih to
; ihe ends wc
, _ ^ : „. xjred of success,
peraevenog prudently, and with unani-
%
'pooUte tSth of April 179^, in furtherance
llua jibo* von will find Mr, Hanly writes a
to f I'Ql of the society m the
Igb— i« tht- «f*r(rry, the prin-
oC ^hkch 11': ]
, aa leading W
lllCaillv aecii:'^ ,; itu- roUDlry.
w/jf^can tl Aiouib had also
teot to Uc ijMuwii/ii CorrcapQiuiing
Society; and Mr. Hardy, upon the 18th of
April 1792, Kiys ** I am ordered by the Lon-
don Corresponding Society, to send a copy of
their re so lu lions to the society that meets at
the Three Tuns tavern, in the Borough,
established on purpose tor restoring the rights
of election, or m other words, to obtnin an
equal representation of the people of this
nation in parliament/*
Now the}' had avowed, and avowed in
their declaration, that their object of a repre-
sentation of the people in parliament waa
precisely that more extended one in its prin-
ciple, which obtained at the time of the
Commonwealth in England— namely, a re-
presentation of tlie people in )iarlianieDt»
termed a parli.iment, but without King o?
Lords, a repraentativt gofv&'nmcnt — ** We
should be ven* happy to enter into a corres-
pondence with your society— as we are all
engaged in the same grand and important
cause, there is an absolute necessity ibr us to
unite together, and communicate with each
other, that our sentiments and determinations
may centre in one point, viz. to have tho
rights of man re-cntablishcd, especially in this
nation ; but our views of the rights of man
are not confmcd solely to this small Island,
but arc extended to the whole human race —
black or while, high or low, rich or poor. I
give you the following as ray own opinion^—
perhaps you may think it a singular senti-
ment*'— and then an opinion is given, which
it is my duty to stale, though 1 do not under-
stand it — *^ that the kin^ and the nobles, a*
much a^ the peasant and ignoble, are equally
deprived uf tiieir rights.— Our society meets
every Monday night,"
Gentlemen, there is an answer to I his, frotn
a person of the name, I think, of 1 avcll, who
is chairman of the Friends of the Tcoplc in
Smithwark : he says—*' I duly received your
letter, containing the resolutions of tlie Lot^
don Corresponding Society — which I liave
communicated to our society in the borough—
and I am directed to return them the thanka of
thai society, and to assure them tlie^' shall cof-
diaily unite uiih them, and all similar socio-
ties throughout the kingdom, in endeavouring
to elTect those great objects ibr which they
are as^svciated — namely, to engage the atten-
tion of their fcilow-cititens to examine the
general abuses of government, and to exercise
Qieir dchberative wisdom m a calm but intra-
pid manner in applying those remedies.*' —
This is in April ; and in August they express-
ly tell you, that there was to be no remedy
from parliament — " in applying those rensc*
dies which the country at urge may ultimate-
ly require — and they siucerely agree with you
in hoping that the loug-neglccted rights of
man wdl be restored, not only in this countryp
but in every part of the globe where man may
dwell. — Wc shall very aoon transmit you a
copy of our i " - n, and hope for your
fartlmrcormi
A letter and ^vsv^uuv/us from the Ecvutu'
303] S5 GEORGE III.
tion and Constitutional Societies at Norwich,
dated 26th of April 1799, were read ^t the
meeting of the society for Constitutional In-
fonnation, on the 4th of May following : thej
distinctly state — that Mr. Paine's books were
to he the iiiediiim, through which the preju-
dices that had grown up under the British
govern men t were to be g«t rid of, and the
ConstitutionalSocictY return them their thanks
in these words— **1 his society receives the
above communication with the mo&t heartfelt
satisfaction, and desires earnestly to concur
and co-operate with those societies in their
laudable objects ; that the secretary do inform
them of the same, and that this society has
unanimously elected the twelve members of
the Norwich societies to be associated mem-
l>ers of this society."
Upon the 11th of May 1792, the Constitu*
tlonai Society resolved, that there should be a
oommunkation from thai society with the so-
ciety of the Frieads of the Constitution at Pa*-
ris, known by the name of Jacobins : they
send an address to them, which is in these
"words-*'' Brothers and fellow-citizens of the
world —
« The cordial and affectionate reception
with which you have honoured our worthy
countrymen, Mr. Thomas Cooper, and Mr.
James Watt, members of the society of Man-
chester, anil united with our society, has been
communicated to us by the correspondence of
those gentlemen.
^In ofiering you our congratulations on the
Ijlonous revolution which your nation has ac-
codiplished, we speak a language which only
siBcerity can dictate.
<< The formality of courts affords no exam-
ple to us : to do our thoughts justice, we give
to the heart the liberty it delights in, and
hail you as broUiers.
^ It is not among the least of the revolu-
tions which time is unfolding to an astonished
world, that two nations, nursed by some
wretched craf\ in reciprocal liatrcd, should no
suddenly break their common odious chain,
and rush into amity.
** The principle that can produce such an
effect is the ofl^pring of no earthly court ; and
whilst it exhibits to iib the expensive iniquit^-
of former politics, it enables us with bold feli-
city to say we have dune with them.
*' In contemplating the political condition of
nations, we cannot conceive a more diaboli-
cal system of government than that which has
been generally practised over the world, to
feed the avarice, and gratify the wickedness
of ambition ; the fraternity of the human race
has been destroyed, as if the several nations
of the earth had been created by rival gods —
man has not considered man as the work of
one creator.
'<Tlie political institutions, under which he
has livea, have been counter to whatever re-
ligion he professed.
** Instead of tliat universal bonevoleace,
whkh thr iy of every known religion
+
Trkl ^Thomas Hardt/
[m
declares, he has been politically bred to con-
sider his species as his natural enemy, and to
describe virtues and vices by a geographical
chart.
^* The principles we now declare are not pe-
culiar to the :»oekty th-U addresses you; they
are extending themselves with accuniulatiog
force Uirough every part of our coiuitry, and
dorive strength irom an union of causes,
which no other principles admit
"The religious friend of man, of every deno-
mination, records them as his own ; they ani-
mate the lover of rational liberty, and they
cherish the heart of tlie poor, now bending un-
der an oppression of taxes, by a prospect of
relief.
'< We have against us only that same ene*
my, which is the enemy of justice in all coun-
tries, a lierd of courtiers fattening on the spoil
of the public.
It would have given an addidonal triumph
tck our congratulations, if tlie equal rights of
man, which are tlie foundation oi your
declaration of rights, had been recognised by
the governments around ^oii, and tranquillity
establishes! in all ; but, if despotisms be stiil
reserved to exhibit, by conspiracy and combi-
nation, a further example of infamy to future
ages, that power that disposes of events, best
knows the means of making that example
finally beneficial to his creatures.
" We have beheld your peaceable principles
insulted bv despotic ignorance ; we have seen
the right hand of fellowship, which you hold
out to the world, rejected oy those who riot
on its plunder ; we now behold you a nation
provoked into defence, and we can see no
mode of defence equal to that of establishing
the general freedom of Europe.
'^In this best of causes we wish you suc-
cess; our hearts go with you; and in sa^'ing
this we believe we utter the voice of millions.^'
Gentlemen, this address was signed by the
chairman of the Constitutional Society, and
transmitted to Mr. Watt, at Paris ; and, upon
the 28th of May 1792, was ordered to be pub-
lished.
After this, the principles of Mr. Paine,
which, you observe, contain the doctrines that
I have been statins to you, were carried far-
ther in a third book (I mean in that book
called the Address to the Addressers, which I
sliall also be able to give in evidence to you) :
Mr. Paine having there gone the length of as-
serting the folly, absurdity, and wickedness of
the government, under which we live — not
only of asserting the incompetency of govern-
ment, as it is constituted, to change itself, but
having asserted that a conventionary repre-
sentation of the people, in that sense in which
we speak of it, must do this work, he pro-
ceeds to the extent of stating the plan and
form of an organization of that sort, upon
which the convention was to be framed.
. Gentlemen, it was impossible not to apply t»
the justioeof the hiw, against the attack made
.upon our govenuncnt by the penon who
»^
fir IKgh Treaam-
A. D. 1794.
[SC
tl^lB^HIIitll T atu now staling, viriih
te ftpf^robtttknit puMV^IkmI over ana over
itL'''~ "*''^""" "ocieties, who, in ihcif corpo-
ra I I miiY 9o spciik, could not be
I ^iuin^ it— il betamn necessary
V of lhi8 rdnnlrv, whether these
41 rr^ to li* tiihrated— what is the
It is, that these socie*
iia', r into 5.uh**criptiont* for
Ihc support nf Mr i';iine, a»d ihey consider
tbetntclves as et\u;a^e<1 in propagating his
yi^rkM ill thai wuy, in which no work tvir was
prapagftied — to the intenr to prudiue that
flWIvwition, vrilhoul which tht: rjatjon, in no
orgAnismtJon of its govcrnmenl, cuuki he »iu'rd,
according to them, to oist in a stale of tree*
ikHB tfl a nation.
*1 to
loc rxr^ilixuti ui ui*.' nii"* i i)f:-i tli.iii v*-r> jhitttu*
edl,llief becafne ntorc mi^chicvons ; an<l you
•ill (h>^^ -"-^'T'^^'^f^ ''irtinij from the society^
tf}»fts^ IN tiiJit they nieiint to
detifos Mlotlhe country; that
tticy t 'C, stay among them ;
mtii to V IS, a* far as appears from
my iHtVprmatign that I have had, they did not
comicicend to exphiui themselves— to say,
; K«, you huve mist u ken our object — this is
sot wbat UT mean ; but they leave them un-
mufffpdy and go on to execute ilic purposes
► aliotit.
olutions in order to
pro^cciitlons, they
v*-^ ■''<'- ..oka
^ in
if I miv so sar, them-
lof
jiisi-
fv premium for
itions are*?ei\t
•i vai ious places, in hun-
-1 am fiorry to say, to
i>ns,to diHribute— I am
Hf the mo*t ^flrrrd pro-
sprcad the effect of the mischief more
widely and diffubely than otherwise they could
have done.
Upon tlie 94th of May tT9^, there is a let-
ter sent from Mr. Hardy, I believe not in hitj
own hand-writing, but I believe in the hand
writing of Mr, Vaughan» whom I before nant4
cd to yon, in which he slates, that, by the diJ
reclion of the London rorresponifing Society^
he had the honour uf enclosing la them a
copy of their address and regulations^ which
he requests they will commnn irate to tlie
Constitutional Society. The thanks of the so-
ciety wf re given to them for ihiii ; and that
is a publication moi*e guarded Ihan anothcf
you will find published upon the Oih of Au-
gust l?9'2.
After stating their rnnslitulion» which I be--
fore mentioned to yoti, ilsa^'s — ** But, as Pro-
vidence has furnishctl men m every station
with faculties necessary lijr judging of what
concerns themselves, ^hall wc, liic multitude,
suffer a few, with no better t ight than our-
selves, to u^iurp the power of froverning us
without control? Surely not : let us rather
unite in one common cause to cast away our
bondage, \mn^ av^^nrcd, that in so doing wc
are protected hy a jtttv uf our countryinenp
while we are th a duly to our&dvcs,
toourcotmtry, ivkind."
Gentlemen, yun wil! hnd from a paper of
the 6ih of August, that that, which ihey
supposed was tn meet with pio^eclion from a
jury of the country, was a ctra'>ination to re*
form the govertin' '
mean<i — other lh;u3 i;
which binds Ici^^i'ln t, v Hi, .ur ri.i^,ui 'iHi
great puliliral body of the country, the whole
system under whiLh we live.
Gentlemen, tlic London Correspondin:; >^o-
cicty, as to the kini^'s proclamation, foiluwcd
the estanipic of the Constitutional Society^
and, on tha 31st of May, IT"*^, in a papcf
thai will be read to you, Ihey vilify the pro-
elamation ; and this paper having fieen com-
municated by the I.(>Tidon Corresponding So-
ciety to the Constitutiomil Stjeiety — 1^^^
nwarc of the nature of it, order, ' t
paper should he publi^lied insueh i
/A/ receive the advert iofuienlA oi Tr,is -.o*
\ — They wrre pretry well aware that
lijt V were of such a nature as made it sorae-
what hazardous to publish them.
You will find a Ictr^T, d.itod the t4th of
,Tune, J71>2» from rcrtain persons styling
themselves the Fditurs of ll»e Patrrot {\\>hn
they are I am not able to *tate to you, but
whu, fjf the ^nirpOHCs of these socirhr-,
! necessjuy lo cotrrcal their natues),
h they de-iire the Corresponding
* {y to take an <ipporluntlY of enbghl-
/»li* pttfktir mind bv pubbratton^^ by
I .5
I
J
S5 GEORGE HI.
BuGiit Dart of this biisiDesa — a Mr. Otflei a
pookseiler at Sheffield,
Gcijtkmcn, tliere will be laid before you
&anoii» parts of theproceediogsof ihcConsti-
ltiilionul bocielVi which relate to Mr- Paine,
rahich I shall now pass over^ except for the
purpose ol" calling your attention to another
publication of hi& upon the sixth of June,
17t^2, and wliich was addressed to Mr* Dun-
das, ^ou will likewise hnd that that book,
which will be given you in evidence, dis*
tinctly disavows all hereditary governtnetii ;
all monarchy, under whatever guahfications ;
and then, tor the purpose of circulating this
doctrine^ as they had before circulated the
doctrines in other v^orks of this gentleman,
_ "bey order, ** that twelve thousand copies of
that letter shall be printed for the society, for
the purpose of being transmitted to our cor-
respondents thrcrtighuut Great Britain, and
that a committee be appointed to direct the
Gentleniea, I pass on now to the 6ih of
August, 1 792 ; at which time there appears to
me to have been an extremely miportant
transaction in ihc London Corresponding So-
ciety ; it is the propagation of an address of
that date, which first developes^ as it seems
to me, though in somewhat ot covert lan-
guage, the determination of these societies to
orfc what they call a reform without any
^mmunication whatever with that parlia-
ment, which ihey held to be incompetent to
bring about the buUness.
You will find that, upon the 8th of August,
Mr* Hardy wrote a letter to Mr. Tuokc; that
he seothim a proof copy of tliis address ; tiiat
lie hoped it would merit his allcntion, and
his approbation; that he should he exceed-
ingly hap[>y to be favoured with his opinion
ufit befure it was printed.
The address, after stating what they consi-
dered a^ the gritvunct'S of llie country, states
this — ** Such being the forlorn situation vi'
|hree fourths of the nation, how are Britons
obtain inrormalion and redress ? Will the
iirt, wdl ministry afifurd either? Will par-
liament grant them ? Will the nobles or the
clergy ea^ic llio people's sufferings? No,
Experience tflU us, and proclamations con-
firm it, that the interest and intention of power
e combined to keep the nation in torpid
'ignurunce."
then states the only resource to hr in
societies ; it then states vnnous detailed
_, ^us, which vou will hear, and then pro-
ceeds to this effect i
** Numerous nthor rffnrm^ woiiltl ua-
loublcdty take , ^ion
lail lament - ty on
dcctgrs the pet^plc ; untoru therefore
;l»on, undivided by p-^^^y* uucorru[*tcd
ny ininiHtry, and in I but by the
lublic goo<h Ta'ci) li would tend
reform^ and a strict tcuiiomy, its natural
consequence, might soon enable us to itducc
btir Uxesj aad by the integrity d'pirliamexity
Trial ofThomai Hardy
[308
Ihal reduction would light upon mich object*
as best might relieve the poor; this lo the
people would prove an advantageous and a
novel session, and to an lionest parhameni
not a tiresome one*
*' Therefore, Britons, friends, and fellow*
citizens, with hand and heart unite, claim
what is your right, persevere and be free, for
who shall dare withstand our just demands?
Oppression, already trembling at the voice of
individuals, will shrink away and disappear
for cvpr, wlicn the nation united shall assert
Its privileges and demand their rei^loration/*
Gentlemen, the address you will find wa^
circulated willi intinito industry to every cor-
responding society in the king^dom, conveyed
through e\ery pos^ihle channel, the doctrioe^.
adopted by all the at&liating sycielics; and
the plan, which they went upon from ibi»
6th of August, 1792, appears to have been a
plan to redres^ themselves by their owa
power, and by their own strength, and not
by application to that parliament^ wbict\
alone can act in legislation : it seems to me
to be impossible that you c^n mistake what
is meant by this paper, if you will give your
more particular attention to a paper whicK
was received from a society at Stockport,
upon the 'i?th of November, 179^, and found
in the possession of Mr. Hardy : this, »fter
adverting to those numerous grievances stated
in the address of the 6th of August, 1792, 19
to this effect :
*< In obedience to the wishes of the soeiety
here, I have (he pleasure of acknowledging
the lionour of your letter, and the packet,
which tile kindness of our brothers of the
l-ondon Corresponding Society so opportunely
presented us witlh
'* It is doubly deserving our thanks, as ll
shows your kindness, and as it will be useful
in the formatiou of our infant society ; we
\ stand mucli in need of your experience jq
thivparticular, and we doubt not of your beat
assistance; we arc surrounded by a majorityy
a formidable one indeed in power, abilities,
mid numbers, but we are not dismayed.
' " We have carclully perused the addresses,
and I am to observe upon their conteats id
general, that the sentiments hardljr arise to
that heigia which we oicpect/rowim^i^iwi&i^
to their full claim* ta ah»olute ant! uncontrol-'
labk tiberti^^ i. e. unuccoutUabte to an^ potttr
p'ltkh lAry have ni>t itimudiatdy coHttUuied
and uppmnird^
^ These are our sentiments, whatever may
be yours; though, in the present state of po*
litical knowledge, it Itnv h(^ nntrlrtit ru*t to
avow ihcm opeuly, \ u-
rnents on tlie means r , al
object, which we presume you ha^*c la
view in cummon with 115 ; we think it rxtio-
dient that wo tl id
each otljcr in the L r*
aiire of disunion imgUt luiiu.h m;ittci of
triumph to our enemies; we observe one ex-
pression/'—yoa will taite notice that Mr.
Kardj •t this time Avas a member both of the
Loniion CurrcsponJing andthcCon&lilutional
.^ -" we obscne one expression,
V. ,* mimeroua other reforms would
/ &c. &c. ; but we ask how is
li uienl lo be chosen? CanwecT-
m(<t U Jrvm the pretent order of things f
Wo4f14 not nil the evil be done away at once
I dtion f Does
ii IS laws which
we tutimiriiri of, win i.r anon^hed any olher
wty ? Can the Rrievances arising from aris-
irr^' I while the re-
rity in the leEcislature ?"
»li..- ....... i«» to be filled up with
crown or the Uon^e of Lords is for jori lo
Mjd^e—** retains its present authority m the
lep«lature ? Is tlic universal right of con*
stlrncf' ever lo be attained while the B — —
r its on the
as on llicse important poifits
\ iitblly desire may be transmitled
t II as possible^ not directed a<5 the
1. ibi'j you will find often occurs ;
under a feigned direction ; "we
i port >. M ^ay of the address
the 6ih ul Aui^ostj ii v*\ sent ?otbem, that
Ihcy ibink it hardly amounts to sentiments
mth aft theirs, namely, thai tliey must h^ve
absolute and uncontrollable liberty, unuc-
rrtJiii.iMf* In ;iiiv pnwpr wluch lliev liave not
d— that tould not be
mienl of <JrfHt Brltuin —
V SS e presume yon have the same
tw iimon wiih us and we desire to
r jieiilimctu* upon the means of ac-
iif»2 th'it object.** What object f
-' ihcniselves in a sttua-
unlable lo any power,
'1 not immediately
how was that to
ij«: uuiir by parharnent ?
Tlie ftddres^ of the Olli of August tiad dis-
,r .. .r to i,|« (^Qj^e iiy parli;imen»*
liie other* parts of the
1 .: situation in the Irgijsla-
ineyou hat^e the same ob-
a you think upon this occa-
was ihe occasion, ufxm which
of the 6th of Auiiu^l ought to
licd, if Ibcy meant to disavow
y such object ; but what is
Rrh.
the
UiatlL
ibm afis^ti .'- - 1 he answer In eft'ect is : That
l«U and f^iif rr^prr^entiition uf the people that
^ ■ i which IS to be the
tmcnt of removing
CT. iiioour under, though
Td< Miit us to spciik all we
** ^ a the London Cor-
ftgpotiC.^ itrr r ti' rifled your
lltltr; IJir 1) steady
taamiiiaij -,topur-
mm iJtuX mil 1 1? iicity^ a per-
iaeirrpftat!! /'
Mwrn, wlifti wiiA Uitt b<Aii meaoa of ihia
political felicity — a perfect representation of
the people? — It was the formation of a power
by liie people making Ihemselves unaccount*
able to any other power, to any power but
that which they hau immediately ibcmsclvcs
constituted, namely, an assembly by a conven-
tion of the people. Then, why Jo not tlicy
speak out? They say, "With regard to our
publications, our sentiments arc expressed in
as strong terms as prudence will permit, yet
plain enough to convince the public^ that,
while we e\petl every thing frfim an honesi
and an itnnual parlikiment,*'- — a body might
exist undt:r the term parliament in a com-
monwealth, as well a| under a king — " no-
thing !.h<irt of such a senate^ chosen by Ihc
whole nation, will satisfy ns.
" True generosity, the characlerislic of this
nation, and of all unpervcrted men thnnghout
the j^lobe, catimg upon tis to countenance at
this juncture I Tie arduous stniggK? of tlie
French nation igainsl despolifsrfi and aristo-
cracy, those foes to the human nice, we have
resolved upon addressing ihe French NaUonal
Convenliun/* You will permit me lo observe,
this was upon the 11th of October 1799: the
king of Franco was deposed in effect upon the
loth ' ^ - t 179'i, This pas«iage, in the
Iran this society, appears to me i
bepLc_,.._. .T w.irlhy your attention, ** WilhJ
out entering into the probable effects of such
a measure, e dec Is, which your society will nol"
fail lo discover, wc invite you lojoin us; and
lo that end, herewith you have a copy of our
intended a<Ulresa ; if you approve the idea,
and will concur in sending it, be pleased to
return us without delay, a copy signed bjj"
your president: we will then associate you
budy wHth ours, and with some others, who
have already absented lo the measure : if, on*
tl>c contrary, you disapprove that mark of zeal
tuwards the only nation that has hitherto un-
d*Tfaken to restore to mankind its just righlf-'
plca-<elo communicate to us yourohjections.
This wiLs upon Itic llth of October \792; upotl
the 6th of October 1795, Mr, Barlow (who»
name occurs hefure with res pec I to his public
cation relative to the privileged orders) write
a letter lo the society for Consiilulional In*
Ibrmation, accumpanied with a book, Cidled
" Advice to the National Convention oil
France ;" an^l von will l>e pleased lo observe
that Mr. Darfuw, and a Mr Frost* after
wards, in the month of Nuvember, were sent
with an address from the ConBtilutional *So-
cicty lo Paris, as their delegates fur that ptir-
posc. The letter of Mr, Barlow is in tliese
words :
" I have lately published a sm'ill treatise
under the title of * A Letter to the Naliona
« Convention of France, on the Defects of the
* Constitution of 1791, and the extent of the
• Amendmi^iits which ought to be applied t'
although the observations contained In this
• See Ills trial for Seditious Word*, antL
Vol 32, p. ^n.
sin
35 GEORGE III.
letter arc tnum particuLiIy apphc^tbie to the
French nation in ilic present crisi*5 q( its go-
vernment, jet, as the true principles of so-
ciety are every where tlie same, their examina-
tion ciiuncit be unseasonable in any nation, or
at any lime; believing, iheretbrcj that the
ftiibjccl of this ireali&c will not he thought
fureJgn to the great object of your association,
I present a copy of h to you with the same
coufidente as I tjave done lo the Nalion^il
Convcntn.'n, aii'' ' ' ^^ ^utional SocJttty
at Londun, a c«> from the full
per&uafei on thill Lur >m u. m j<juiiJed in truth
and reason. 1 lukc the hbcriy at the i>»uic
lime to i»tnd you a copy^l another pnhlicalron,
JDlituM * Advice iv Privileged Orders. ' The
jjresent dispobilion in Europe towards ri gene*
ral rev ohi lion in the printiplc^ otgoverDmeiiL
ih founded in the current ot opiniun, too power-
fkk] to he resisted, us well W6 loo sacred to be
treated Avilh neglect; and it h the duty of
every individual lo assist, not only in rentov-
ing ihc ohstrucliuns th^t are found in the w^y
of ibif) revoluUon, hut in ascertaining, with as
iTim h precision as possible, tlie nature of the
object to lie aimed at, and the coneequente lo
Lij exfiecied from the attainment: it \b tiljove
ail things to be desired, that the cunvietJou^
lo he 4u;qvrired frooi national discui^ision
should prrcede and preclude those which muH
result froni physical exertion.*'
I»*ow, ^vou will give me leave tostalft to you
vtlvAi the doctrine is m this book, for which
ihc Soti*ny for Constitutional Information,
3Vln Hardy ihcn a nien»ber of it, thank Mr,
Barlow, make him an honorary member, and
afterwards <teputc liim to the National Con-
vention of France.
, Gentlemen, the docliine, I can explain it lo
^ Qu generally, without troubling you by read-
ing particular passages, amoiiuls to this : Mr.
BhtIow* after slatmg the principles of e<juul
n ': •' (uship, which found Iheir way into
ijtion of France in 17^1, and which
System of thai .
, which I
• It ; thit it
IH-iA oi th-
<js to be th(
king a part uf the
t, informs them of
►ilv.
iiially
ie*,whicii he mider*
" of lliose to whom
tiii vvaa wrilin-;; tiut U is impossible they
ftkonlil consist wUhUus s<'nlinKnl,/Artf a king
%mhi Ik rctttihtd in tnU ; tinil the
onstitulion w;ia at ^
Ithose xvliM - luni iK>t (I
Dr, havuj id it, th*
iiHifc was " ' "'
luce the <
itself: that
^ that,
1 the
.l^mUI re-
^ernnieut
.- lirll.rn
-doctnnp Rsnn
Trml of Thomas Haritf [3|2
papers, which t am about to read \6 yoai 4
great deal oi evidence will be laid before you,
to prove that they had beat up all the cotintry
for letter** and addresses to express the same
principles lo France, uol on accunnt of ihe
cause of France, but of the cause of Eng-
land, and with a view to intruduce the same
etfects into England. I shall state but two of
these addresses, because ihey seem to con-
tain the eA'ect of all the rest that were aciu^
ally sent
the l/JiKJon Corroi^ponding Society iirst of
all communicated lo the Const!: '^ So.
cicty, in the month of Cklobcr 17 a-
leation ♦** vn,„i.n,r ^n v.iJ.,=.^tt xq i ........ uie
Constiti ppfove thq pur-
pone : L. ^ ^ .„^ I iL It aims at, luiU
they dctcrmme not to concur in the SiOiie
address, but to send a separate addrc:^^; and
in their paper you may see the prmciples of
bath lo be principles, which were rxprc?$cd
for the very purpose of aiding t^ a-
tion of the societies in excluding ti< m
the government of the country, aiid ui raiding
a republic. This is the icUer ;
** Frenchmen, while forcii;n robljert are ra-
vaging your territories umler the specious pre<*
tc xt oF justice, cruelty and desokti r : ' - ^ : in
their van^ pertidy and treachery up
the rear, yet mercy and frienrl- * ^ " i ]y
held fort li to the wurld as tl> of
their incursions; the opprct - .. ^ ,.: l .., .i..ui-
kind*' — that is. Great Britain — ♦■ forgetting
for a while tlietr own sutlt rings, teel only for
yours, and with an iniiious eye watch the
event, fiTveolly supplicating the Almighty
Huler of ihe universe to be (avouruble to your
caufce, so intimately blended wjth their own,"
— that catise which upon th^ loth of August
had exclutled the king from the jB^ovemment
of the country— ** fro ^VK " i s»
sivc 5v*tlcin uf control, u-
linued cncruuclmuiut'} i>;ivt^ orjinvru lut^ ;m*
tiou of nearJy all its boasted liberty, and
brought us almo^ Ui that abject state of
slavery, from which yuu have so emerged ;
hill jll
ihi' ' ; ^ ■ — -^ ,ne
conduct ul tiiusiMU p^wi^r; it
to be th*i duly of Unions tu :ii4
assist, to Hjc utmost of their power, lin' tiiaiiw
pioiks of human happiness^ and to swear to %
nation, proceeding on tho plan you bftve
adopted, an inviolable friendships S^cr^d
\ Irum III! ' ' *' f V ' ' ■ ^^
and Ul I t ft
take tJ+L .,t. M »> liu ijfJiL'itju I ^Huii iiut'm^ii lo
cause a ru|4urc,
•* Tlun^h we appear so few :H - — *, be
iicliuien, that our n.
if !»■ trii< - tlivt I |ta,
hi ltd urui q\
tht? timid: ''
4f^ ^^JLiW'Ai^-
I'i^i^ ^l\h Uc [ si^mc dii^l ou itic imui^iy «t^d qq iheMiobi*
for High Treason.
tious; btit whb certainly we can inform you,
frieads and freemen, that information iimkes
a r*pid progress aniDug ua; curiosity has taken
posse&sitm of the pubTie mind ; the conjoint
reigu ofignuraiice and despotism pas^^es swsy;
lutli now «ik each other, What is freedom?
what are our rights? Frenchmen^ you arc
already i\ec, and IJnton^ i4re preparing to be-
cume bO; casting f^r from us the criminal
prejudices artfully inculcated by cvil-nunded
men aiid \vily courtiers, we, iii^ilead uf natural
enemies, at length diwover in Frenchmen our
feiJow-cilizen^- of the world, and our brethren
by the 6amc heavenly tather, who treated us
for the purpose of loving and mutually asaisl-
iag each other, but not to hale» and to be ever
ready to culeuch o*her*s Lliroats at the com-
mand of weak and ambition? kiiigs, and cor-
rupt ministers; seeking our real enemies,
we find them in our bosoms, we tcel ourselves
inwardly torn hy and ever the victim of a
re^tle^s and all consuming aristocracy, hi-
therto the bane of every uaVton under the Mm ;
\«i5ely have you acted in expelling it from
France.
" Warm as our wijilies are -for yotir success,
eager as we are in liehoM frecdoiu iriumphaut,
and man every where rcsiored to -the enjoy-
Uient of his just righljs a senile uf our duty» asi
oi^ ' i■en^, forbids our frying in arms to
y tnce : ourswernment has pledged
tl ' Miiil in a
&i in, Hri-
lrust<id our king with di&crelionmy powrr*^;
vc therefore mu%l obey : our hand-* are
bounds hut our hearts arc fiee^ and they are
«viih von,
** i.ct German depots act as they please,
«re bhait rejuice at their fall; compa^sionat-
iog however their cni> laved .subjects, we hope
ihife tyranny ot their nia'itcrs will prove the
Moamft of reinstitting in the hiU enjoyment of
tiieir rights and liberties miUiun:& of our fciluw-
crealures,
** With unconcern therefore we view the
^iector of Hanover,** — that is, the kin;; of
SB* cat BritiiD—jom his troops to traitors and
IYobher^ ; but the king of Great Britain will do
veil to remember, that this country is not Ha-
tti^vcr. Should he forget this dtstuictton, we
'ftiW not.
*' While you enjoy ilie envied glory of
bcinjc the unaided dcfcndtT^ of freedom^ we
fondly anticipate in idea tiie numerous bless-
ings manklfid will enjoy ; if you succeed, as
w« ardently ^vi^ih, the triple alhance (not
ef crqams, hut) uf the ptople of America
J^ance^ and Btttmn, w til give freedom to Eu-
l^pe, and peace to the whole world. Dear
^eods you combat for the advantage of the
limnan race; how well purcliased wiU be,
though at the expense of much bloody the glo-
iiotis unprecedented privilepe of Baying,—
Mankind is free : tyrants anti tyranny are no
moTt : peace reigns on the earth, and tliie b
tlie work uf Frenchmen.''
Gentlemen, this address, which was sent by
that society, was followed by anotiricr fronj
the Society for Constitutional Informatimiy
upon the 9th of November 1792, which &ecni&
likewiae to state their principles,
** Servants of a sovereign people^ and bene-
factors of mankiiid ;-^
" We rejoice that your revolution has ar-
rived at that point of perfection which will
permit us to address you by this title/'— Ser-
I vantsof a sovereign people. That is not the
character of a British eovernment ; this is the
I prmciple of the Southwark resolutions— "it
I is the otttjf tme which can accord with the
' character of true legislators* Ever^- succes*
I sive epoch in your atmirsha^ added something
to the triumphs of liberty and the glorimts
•victory of the 10/A of Augmt has finaTly pre-
pared the way for a constitution, which we
trust you will establish on the basis of reason
and nature/' Mr. Barlow had in effect said
and they had made him an tionorary member,
and bad transmitted their address by his
hands), that lui constitution could reform
upon the ba^is of reason and nature^ that left
a king in the government, liowever the go«
vemment was modified.
They pioiccd thus in their address^
*^ Considerij»g the mass of delusion, accumu^
luled on mankind to obscure their understand-*
I ingr^, you cannot he astonished at the oppo-
• sitLoa, that yo4i liave met both from tyrants
I and from shivcs ; the instrument used against
j you by each of these classes is th^ same, for,
nt the genealogy of human miseries, ignorance
it) at once th(' parent of oppression and the
child of subnusiiuu.
** The evenly of every day are proving, that
your cause is chct ishecl by the people in all
your continental vicinity : that a majority
of each of thoi^e nations are your real friends,
whose govvrimuats have tutored them into
apparent foes ; and that they only wait to
be delivered by your arms from the dreadftd
necessity of hi^liimg against Ihcm.
" TiiE condition of Englishmea b less to
be deplored ; here U»c hand of oppression has J
not yet ventured completely to ravish the I
pen from us^ nor openly to point the sword at
you."
They then go on to say : — " From bosoms
burning with ardour in your cause, we tender
you our warntef^t wishes for the full esitent of
Its progress arul success ; it is indeed a sacred
cause ; wc cherish it as the pledge of yotrr hap-
piness, oiu" natural and nearest triends, and we 1
rely upon it as the bond of fraternal union 1
to the human race, in which union our own
nation will surely be one of the first to concur,
** Our government has still the power and
perhaps the mciioation to employ hirelings
to contradict us; but it is our real opinion,
that we now speak the sentiments of a great
majority of the English nation. The people
Ikere are wearied with imposture, and worn
out with war, they have leamad to reflect
that both tbe one itad tb& ta?L\x^\ ^^ ^^ ^'-
I
315]
35 GEORGE III.
Trial of Thomas Hardy
[316
sprinc or unnatural combinations in society,
an relative to nystenis of government, not
the result of tlie natural temper of nations as
relative to each others happiness.
" (io on, lofcislHtors in the work of human
happinesy; the benefit will in part be ours,
but the glory shall be all your own ; it Is the
reward of your perseve nincc, it is the prize of
virtue, the sparks of liberty preserved in Eng-
land for a«;es, like the coruscations of the Nor*
them Aurora, serving but to show the dark-
ness visible in the rest of Europe. The lustre
of the American republic, like an effulgent
morning, arose with increasing vigour, but
still too distant to enlichten our hemisphere,
till the splendour of the French revolution
burst fortn upon the nations in the full fervour
of a meridian sun, and displayed," — attend to
the words — " in the midst o? the Einxipean
world the practical result of principles, which
philosophy had sought in the shade of specu-
lation, and which experience must every
where confirm," — the principles of Mr. Paine,
wIm) went over to form one in that convention,
the existence of which shows the practical re-
vult of those principles, which philosophy had
sought, and which experience was to confirm
^t dispels the clouas of prejudice from all
people, reveals the secrets of^all despotism,
and creates a new character in man.
"In tliis career of improvement, your ex-
ample will be soon followed; for nations,
rising from their lethargy, will rechim the
rights of man with a voice which man cannot
resist."
iientlemcn, it will not be matter of surprise
to you, that letters, such as these to the Na-
tional Convention in France, should have pro-
duced opinions in that country respecting the
attachment of individuals in this to their go-
vernment. It is not therefore very extraordi-
nary, that, upon the llUh of November 179C,
that famous dwri'c passed of fraternization
with all subjiH'ts in all countries who chose to
resist the governments under which ihcy live;
but 1 think you will Ih^ surprised that any
men could receive in this country, and reai
with approbation, and enter upon their pro-
ceedings, the answers whieh these addresses
brought from Fr.uiee, and whieh were read in
the presence of the prisoner at the bar, with-
out lieing astouislied that they did not at
least tike some means to reject from them
the imputation that they meant in their own
country, all ihat these answer* suppose they
mean, and all that these answers piomisc to
astist them in aceomplishing.
You will find. \\\\}\\ the Tlih of December
179v.\ that a letter from the S.Kiely of the
Friends of Ijberty and Equality, Mtting at
Laon. the head of the department of the Aikne,
to tlie TaUiotic Society of IxuMlon, cmlM the
Society for CimstitulioDal lnliiniiatioo» is iMd,
and reiemd to Ibnr GqommIIm of Omm-
pondenoB: H ki»«li— ~-^»»/KTte8»-
the Aisncv to the Patriotic Society of London,
called the Society for (Constitutional Informa-
tion.— Generous republicans, the philanthro-
pic gifk that you have presented to the war-
riors of France" — they had sent some shoes,
and were at that time thinking of giving them
some arms — " announces with energy the great
interest that you take in the sacred cause
which they are defending. Accept the thanks
of a society that docs honour to itself in
esteeming you. The time perhaps is not far ■
distant, when the soldiers of our liberty shall
be able to testify their gratitude to you: then :
their arms, their blood itself, shall be at the
service of all your fellow-citizens, who, like
you, acknowledge no rights but the rights
of man; then France and^England shall form
together a treaty of union as lasting as the
course of the Seine and the Thames ; then
there, as here, there shall exist no other reign
but that of liberty, equality, and friendship.
May this day of felicity and glory soon shine
upon the horizon of two nations formed to ad-
mire each other !"
(lentlemen, they then enter upon the mi-
nutes of the society another letter, from
another fraternizing society, — whether one of
those societies which the>' speak of in the be-
ginning of 1792, as affiliating societies in
France, or not, I do not know;— whether they
had been assisting to reduce their principles
into practice 1 do not know ; but it is clear,
that the affiliating society in France offered
them their assistance for that purpose. Ac-
cordingly, you will find that the Society
of the Friends of Liberty and Kquality, estab^-
lished at Macon, write to the Constitutional
Society at London, adverting to what they had
said in their address to the nation about the
glorioui^ victor}' of the luth August 1792, the
circumstances of which shall be described to
you in evidence, because you will find that
some of the per«»ons who are charged in this
indictment (and whose conduct in this con-
spiracy, \*ill, upon the clearest principles of
law, atiect all of them) were then present in
Paris, l hey write thus — ** Ye^, citizens, our
brethren and friends, the 10th uf August
1792 shall be distinguished'* — what, in the
annals of France '— •* distinguished in the
ann;Lls oftkt aorid, as the day of the triumph
of lil.erty, our tirst revolution"— (Mr. Joel
Barlow or Mr. Paine, one should have thought,
had wivte it>— •• our br^t revolution di J but
show to US the salutary principles of ti.e im-
prescriptible rights vt man : all, except the
taitiiless and "the enemies of humanity,
adopted them with enthusiasm. It was then
that we formed ourselves into a society, in
order the belter to impress them upon our-
selves, and al'terward^ to te^*h them to our
fellow-citizens.
** Our &nt constitution had ct^nsecrated
tbem* but had Bol alwa\*« taken them for its
Wm I Uw doninion of the pawionss llie foice
\^ iMRKiMMiof pt^yudkes, and the
•^ ^-^"^ ci^lpyod ia our Coft-
for High Tre^mn,
ititoent Aisiixibl;^, found the secret to preserve
siilEcieal autbonty to our tvr»nts« to exUn-
gmsh Atiome time the sacrecf rights of naiur*-,
jind to re*C3tibh&h de«ipoti&in on its throng of
ifo«.
** Uut royalty, tlius preserved, was not con-
tent wtth ihr vji loiv secured lo it by a set of
weo^ the t l of whom it had cor-
tlipted. It ^ iticnt to rcan the fruits
that it appearvd lo promise ilscH; but its
\m great eugeriies* ha*i hastened its rui»> and
secured the iriuniph of reason.
♦* The I'rench, protid of iheirown existence,
^ ived the fruil of their iirst Jegisla-
t' ne 6ensibtc of the imperfections of
I 1 w lUat they uiaoe u surrender
to iihcrly and (^quality, whirh
tiic^> ijau cjiiiii.aced ; they rouM?d themselve**
toeW to demand at knglh laws impartial and
From thence the necessary day of the
^f All ij>t 179'i, from thence a second
revolution* whic!» is onJy the
El ue fir^l, winch has received
onryoMrs i*nd uur oaths, and which we will
Lites for ever, if it leads us^ as we hope it
utU, lo ih* s of the nation, to the
constant ui uf hbcrty and equality.
•* Let iniriguti% tvols> and tyrants, ciil urn-
oiatcuji; wc de^^pise ihem too much to cou-
diaocnd lo auswer Ihem^ and seek for their
" '' ' * -.A : 1 J- trrrsus IS the interest that
' irs: j^our attention has
1+ Tdccess of our arms. We
m, we are proud of your ap-
* Wc t^ftiiic at the expression of the senti-
ments ihvit v{ju manifested to our representa-
A. D. Vtm.
[318
ii-
pjcmii
ifid ui>
Ufcr tl
KMort
HBldav 1
oeriiwircDti
kllieinat:
Gcatleoir
dcfvt
^r) a nation of brethren rouse
The c^u*!e ol huniiinity; we
li^ti lidupl our [irinciples,
c sav to eatli other with
Itey become our allje»;
', we shall go on ta de-
n the yoke of tyrants, to
to reason and nature^
' -^'^ -'' :r -, - -, Iv on
lice.
N* »_' Mtti ^i*,wM-, r.. .ii.i.i tOr-
I who set a higli value
fioutSodciy oi A
-»f December 1792,
NHit iv ol another
lie, wrote
I Rcpub-
kitnlol iite ^!ouths
ir Society silting at
lUc, Citizcniit brethren ,
•ndfirti I great nations, acquaint-
ed mttik lliCH ri^hb-, ftpproxi muted hy their
fHUiiierdiJ connexions and their national
iilyEOJOQ. fortned to live ami to act in concert
wtib e»oa oiIi/QI'» bci^n to forn\ the glorious
pc^Cd of wn't" ' *i '•: Hvcs for the regenc-
nlffinofth' *»ne may til en say
•'ih rciiKi& v..-^ i.-. .,- «.c ripe and ready to
fftU. How glorbus it will be for France and
England lo have formed alone a confederacy
destructive of tyraiits, and to have purchased
at the price of their blood the liberty of Eu-
rope ; we may say more, of the whole iiui-
vcrse I Courage, brethren and friend a ! It is
for you to follow in the glorious and hazar-*
dous career of tlie revolution of the world ;
can you any longer groan under the yoke of a
government that has nuthing of liberty but
the nanieP !or, although your land was iiiha->i
bited before ours by freemen, can you, with-
out delusion, consider your government as
such ? Will you content yourselves with a
partial freedom ? Will the Knghsh be satisfied
with principles? Will that bold nation, that
has produced philosophers the most profound,
and that first of all perceived the sparkling
rays of tVeedurn, remain a spectatrix in so
noble a cause ? No, brethren and friends, no I
you will soon lift yourselves up against that
perlidious court of St, James's, whol^e interna!
Jiolicy, like that which found its doom in the
rhuilleries, has made so many victims in
onr two nations, and does disunite them per-
Tjelualjy lo rule over them. Your love for
liberty tias hxed your attention upon the
wants of our defenders : your generosity to-
wards them has a title to the acknowledg-
ment of the republic; we are impatient lo
furnish you the s;ime advantages : the Po-
pular Societies of France desire ardently
the epoch that shall permit them to address
their voice to the National Assembly of
threat Britain, and lo ofier to the soldiers of
liberty of your nation, arms, bayonets, and
pikes,"
This* is the private correspondence between
the societies and the Society for Constitutional
Inlormation; but some of the persons named
in this Indictment were present at the serenes
I am now going to state at the bar of the
National Convention in France ; others of
them delivering these sentiments by their
ambassador Mr. Barlow whose principles you
have seen, and Mr. Frost, of whom I mu&t
state it, because I shall prove it. tl^t be baf
been convicted in ihiscoerr^- ' : 7 fjixm
that country witii the li ^tog;
they ofler ihew; addrts:,, ^ ^ ^.„ ..c,uoiuil
Convention of Ir^mce in tennif tiie
of which I wdt stale to you «• lir m I
stand it, to be^ and 1 believe it it »ii
translation.
" Mr. Barlow and Mr. FfW^ CCfMi
lens, being admittrri to tbe km^tmm ^_ '
pronounced tti
men, the actuii .it!
be given in evtdciice ; ti« Mile m (bt
Novembr r ]70at, nine ist^ dhcr ffcc
thcN K
frati
COUUIIV tri,tt
any ol'their
** Citijcenaof
the Society for
Londonj to
55 GEOUGE III.
on the triumphs of liberty. This Society had
laboured iong in the cause with little prospect
of success previous to the commencemcnl of
yoMT revolution ; conceive then their extjltu-
tionaand griititiidc wlkn* b? the aslonishrng
c0bft» of your natir>n» they b*'lieM the reign
of reason acquiring an extension am! iolidiiv
whicli proitiiscd to reward the laVjour of all
good men, by securing ihe happiness of their
lellow-crealures. Irinumerabte societies of a
similar nature arc now forming in every part
of England, Scotland and Ireliuid; they excite
» spirit ot universal inquiry into the compli-
calcd abuses of government, and the simple
xncans of a reforme After the example wlMch
Prance has given, the science of revolutions
will be rendered easy, and the progress of rea-
son will be rapid, it would not be 5 trail gc
if, in a period tar short of what we should ven-
ture to predict, addresses of felicitation j^hould
cross the sfas to a National Cvnve niton in
Sn^iand, We are also commissioned to in-
form the Convention, thai the society which
\Vf L ' r^ f^ent to the soldirrs of liberty
a ! ?Ti of a thousand pair of shoes,
wiiiLii mv. uv LtJis time arrived at Calais; and
the society will contmue sendini a thousand
pair a week for al lea.^t six weeks to come ;
we only wish to know to whose care they
ought to be addressed,"
Why, Gentlemen, am 1 to be told then,
thai, in the month of November 179'i, those
vho, in August 1792 had said they coidd ap-
ply with no efiecl to parliament, had no idea
oi such a National Convention in Ent^land as
that National Convention in France which
they were addressing, and Irom which
they were expecting to receive addresses?
■ Am I to be told that they had no idea ol such
■ S convention, as should overturn the con-
F stitution of this country ? It is impossible to
I put ^uch a const riirlion upon such procecdinfrs.
I Grntlcfuflu^ you will likewise find that the
I presidpfjt of the Convention thought it neves-
L^mry la givn :ir^ ^n^^vor to Ibis adrfieHS. T will
■B^tc the ss. Tit: It will f>e nud in
^Hvidenctfs i I shall not lake up timt?
in looHn^ tor it. The president Cutt^idmng
tliem -A^ -r.uprous republicans (»r>d well he
^'■'- what had pa-^^ied), makes an ad-
d; in, cxpressiUi; much the ^ti^w ^f^fu
tiiueiiii ■j.'i those m which they had •
him, anil then he concludes by
*<Witl.
we sh I
titmal r
Gfi
it
»ftddne«is(A; th^
mirious other
import, at the
and the intent ^
siblyt
ofth«-sn . ^ ■ ,
Iri^fici tcli youj a^ Lc. mil, Uial Mma ^ yti
Trial of Thomtu Hattij/
was no war bclwcen Great Britiim r ,
you will allow me to sray that Uiere i- > c
of a distinct intent that there should be a Na-
lional Convention in England, and that the
French sold it rs of hberty should assist what
they would call the soldiers of our liberty^
whether there should be a war between Greal
Britain and France, or not : and you will allow
nie to bay, that in that very mouth of Nfw
vember 1792, a passage occurs, in wliich
France does in etlect dechtre war against all
nations that did no! adopt her principles, ant}
allow the people to put ihcm into execulron.
In a tonspinry, us widely extended as lhi#
i<, I shall undouinedly insisi, before you and
the Court, thai the acts of individudls, and
particularly theactsofpers^otis sent to prrsf nt
addres'^cs to a forri^u country, tbii'
do in fefefence lothesf^ aci^iseviili ,^i
all of thciu ; and hkcAvise Ihat letters wludt
the p**rsons write relative to ihe *ame att-
dres*ies, arc evidence :i iti
whether wntlen by tht l1
or no, as being in tt re
purpose. U^Kjn tin »^
Mr. Frost, who Wi^ in. m .yi i .mv. Mir,.^ |,}|«
notioni* in a letter to Mr. Tookc, of the real
cft'ect of this tr^iufjuctionofthe H)fh -f' A..-.»«;t;
1T9S, ttboul whicli time Mr P*n 15
first appearance in the National l .. „,ui>
— ** Without the afliur of the 10th o< iMiptr
liberty was over — We lUuc to*day with Peiionr
— PtiiW has cnieretl hi^ name on the rolf of
parliamrnt, omi wunt ihrou^ the f(»rm!i of
otficc with a g^rcut deal of nonchalance — We
art! well Mgc<l, iiuil beside our bed-roomi?,
have all culerLiming n»um for members to be
shuwn inlo, tmd seveial have called upon u»
this morning/- •
Thcu yoii will fmd, that Ihere being a pro*
jert to viend shtjes to the soldiers of Fntncc;
and arms and mu'ikeisi, with re^pett lo
whith pn*ject the prison' « ^-^ -. ^... f.:i...^^^*
— for the pur(*osf ul ha- rn
Fn^rtr.irl fn InUKl? p] , /. , v.. .....^v. iH
llowjogleiiofis wmten tithe
\ '* Sir :— VcTii arc in no want of ffieiuh
England, -who ardently wi^h to hr ti«.fiif
French liberty; but we wi
one of your friend** who rcsi«'
whum you have iiu entire tr
whiun we mtiv irive our nmia
1 1 roaches wiicn
I »ns to tht Na-
I wise find tbnt the
, and the Cnn
'I'd to C.'.':'l
to
in
in
it
ith'Mr, I
f
will ilUIOTtut Ul ' 'f
if you cotfsidiT tn Mt»i
of view thai we do, ymi wiU Mic iit it unicti
S21]
Jhf High Treason*
A. D. 1794<
[9S9
use to the c&mmon caute in England and
Fiance. I entreat you to give me your senti-
ments upon the subject, and to point out to
me the means by which I may be useful to
you.*'
This is answered, upon the 1st of October,
by Petion^ thus — *' You cannot, sir, doubt of
my eagerness to Mcond views so useful, which
w<U for ever merit our gratitude, will rivet the
links of fraternity between us, and must pro-
duce the greatest advantages to England and
Fraiue. I shall have the honour, sir, of
sending yon without delay, the name of the
person id whose hands von may place the fuuds
which you desUne to the support of a cause
which, in tnith, is that of all people who che-
lish liberty."
Gentlemen, it may be in the recollection of
perhaps most who now hear me, that circum-
stuwea of this sort, which were supposed to
be In existence, but, which, in fact, were not
capable of bein^ proved to be in existence,
had excited in this country considerable alarm
in the minds of many persons wlu) live in it.
^This alarm, it seems to have been thought
necesnry, both in the Constitutional Society,
and also in the London Corresponding So-
ciety, in some degree to lay asleep, as for as it
affected them; they tliought it necessary,
therefore, to ^ve some declaration, as they
call it, of their principles, and I will state to
you shortly what that was — but the explana-
tion, which the London Corresponding Society
gave, waa thought so little safe, though it was
given for the purpose of laying asleep alarms,
Uiat it will be distinctly prov^ to you^that
being written as I am instructed to state' to
Tou (and I do it because I am instructed,
aud it is my duty), being written by Mr.
Vanghan, it was agreed to be stuck up round
the town at midnight — that accordingly a
person of the name of Carter, a billsticker,
was employed for that purpose; — :that
lome mistake happened between him and his
employers; that naving made that mistake,
be was not thought a proper person to be
employed in considerable business in the so-
cie^ afterwards : this person was taken up
in the act of sticking the bills round this
lowDy which coDlains this address— he was
prosecuted— he was convicted — and lay six
nwnths in a gaol in consequence of that con-
viction ; and this was the fate that attended
the issuing into the world an address, which
wu to appear not originally by daylight, but
by midnight.
With respect to the address of the Consti-
tutional Soaety, I think I shall not be thought
Id make anjunfair observation upon it when I
wty thift— that if I had not read to you what I
have already read, you would have found it
impossible to ray wiiat it was, upon reading
that paper that they mnmt to say, who pub-
lished it ; but after what 1 have read to you
1 think you can have no difficulty to dcter-
aine that the paper they published, and the
paper of the Corresponding Society, were
VOL. XXIV.
by no means such as were calcuTated in any
manner to disavow those principles, which I
think I have shown you satisfactorily, from
Alarch 1792, were the principles they acted
upon and adopted.
Gentlemen, the address of the London
Corresponding Society is in these words ^—
" Friends and fellow-countrymen, unless we
are greatly deceived, the time is approachinjg
when the object for which we struggle is
hkely to come within our reach. I'hat a na*
tion, like Britons, should be free, it is requi-
site only that Britons should will it, to beconfb
so" — that is a passage borrowed from Mr.
Paine—'' that such should be their will--'the
abuses of our original constitution, and the
alarms of our aristocratic enemies, sufficiently
witness : confident in the purity of our mo-
tives, and in tlie justice of ourcause^ let us
meet falsehood with proofs, and hvpocrisy
vrith plainness ; let us persevere in declaring
our principles, and misrepresentation will meet
its due reward^on tempt.
** In this view the artifices of a late aristo-
cratic association, formed on the 20lh instant
call for a few remarks on account of the declo*
rations they have published, relative to other
clubs and societies formed in this nation. It
is true that this meeting of gentlemen (for
so they style themselves) have mentioned no
namesy instanced no facts, auotcd no authori-
ties'' - it was a little difficult to do it, unleM
they had the means of seeing all the corres-
pondences at home and abroad — 'f but they
take upon themselves to assert tliat bodies of
their countrymen have been associated, pro-
fessing opinions favourable to the rights of
man, to liberty and equality'' — mark these ex-
pressions— " and moreover that these opinions
are conveyed in the terms, no king, no pariia^
went."
Gentlemen, what I have been endeavouring
to state to you is this, that it is necessarily,
to be infcrre«l from their principles that they
did mean to assert, when they were ripe forii^
no king, nopariiament : it is not my imputa-
tion— I do not know whose it was, to which
this alludes, that they did express their opi-
nion in the language, no king, no parliament ;
but I say that they expressed their opinions
in language, which, when accurately looked at,
as forcibly import the ideas, as if they had
used the words no king, no parliament — '* if
this be intended to include the^ societies to
which we respectively belong, we here, in
the most solemn manner, deny the latter part
of the cliarge."— What is the latter part of^the
charge ? tliat they do not mean to have a king
or parliament? No — ^but that the opinions
are conveyed in the terms, no king, no parlia^
[ ment. — Whoever shall allribulc to us the ex-
pressions of no king, no parliament, or any
dcsiirn of invading the j)r<»p<Tly of other men,
• is guilty of a wiltul, an impudent, and a ma-
, licious falsehood" — uiul then this paper,stating
I a great deal more, which, in jusUce to the
! paper itself, khall be read U> you, conclud«i
1 V
32.3]
35 GEORGE IIL
•^* Let us wail and walcb the ensuing
essioo of parlianienl, from whom we have
lilDUch to hope iiud httJe to fear. The liouiie
Ijcf Commons may has c been the source of our
I calamit/* it may prove that of our deliver-
acej should it not, we trust we shall not
prove unworthy of our foretalhers, whose ex*
lions ill the cause of mankind so well deserve
Ljr imitation/*
Now, gentlemen I I ask, after concluding
this IcUcr, what tliis means—" if parliament
tiould not do it." — If we are ready to admit
l^hat parliament is formed upon principleij ttiat
Dake it competent to do the thing, if it please
f do it, it is all well; btit if it will not^ then
re will not prove unworthy of our forefuthers,
i^^hose exertion* in the cause of mankind so
vfcii deserve our imitation — and referring you
beck to the correspondence between the Nor-
wich and the London Corresponding Society,
t€j the declaration of the 6lh of August 1793,
vhich said they had nothing to look for from
mrliament — to the correspondence with the
•fatiocal Convention of France— to the eon-
Juct, which in the prei»ence of their delegates,
iras permitted — and never repudiated by any
ct of the London Corresponding Society ; and
■Teferring you, moreover, to the subsequent
evidence, wliich 1 have to offer to you; I
think you will find that the sentiment which
is expressed by the author of this paper, upon
iXie l^th of November 179«, was a sentiment
which, if followed up bj^ tliosc who continue
to hold it, meant that, if parliament did not
give them redress, they would have it by their
own force,
Whh respect to the Constitutional Society,
all it thinks proper to say ujKin the subject is
this : — ^** that the object of this society, from
its first institution to the prei^nt moment of
•lami, has uniformly been, to promote the
welfare of the people'* — I beg your attention
to these words—'* has uniformly been to pro-
mote the welfare of the people by all consti-
tutional means/' — Now if I were to stop here,
with a view to show you what you arc to un-
derstand by the words, — '* all consUtutioual
means'^ — are Uie means I have been stating
constitutional mc^ns? Will it make the
tneans more constitutional than they really
are^l^^cause they ch<x>se to call tbcm so?—
** and to expose in their true light the abuses
which have imperceptibly crept in, and at last
grown to such a hci;^ht, as to raise the most
fcerious apprehensions in every true friond of
tiie constitution.
**Rcsolved,^dly— That this society disclaims
the idea of wishing to effect a change to the nre-
icnt sy>tem uf ihuigs by violence and punlic
commotioij, but tliut ittrusi*^ »rj ilut isood sense
<>f ihe people'' — You will ( :l have
<kine, tliat, in April 1793* i> t trust to
the good senM; of the pt-oplc — *' when lln?y
shall l»e fuHy enli-^litcncd on the subjert to
J.1, .,-,, ',■!'..,,.,;•,, , ■, I ir^ui-
H' ' ■ ' -^*-
iUi^'iHUj aaiy.^iUiii liiti mtciiUoas of
I
Trial of Thomas Hardy [3S^
ihb and similar societies have of late been
grossly calumniated by those who arc inte-
rested to perpetuate abuse?, and their agents*
who have been industrious to represent tht
members of such st>cieties, as men of danger-
ous principles, wishing to destroy all social
order, disturb the stute of pr o|>erty, and intro-
duce anarchy and confusion itiitead of regular
\ government .
" Heaolved, 4thly^ — ^That, in order to eotin*
teract the operation of such gross asp«Fskms,
and to prevent them from checking the pro^
^ress of ht>eral inquiry, it is at this time pectt«
fmrly expedient timt this and similar socieliei
should publkly assert the rectitude of tbeir
principles.
" Resolved — That the said resolutions b«
adopted, in order for printing lo the news-
papers.'*
Now I desire any person to read that paper
thx%)U|;h againi, and then, gentlemen of the
fury, if it is relied upon, be so good as to ask
yourselves what is the definite meaning in
any one passage in it.
About the same time there is an address
from t!ic IVIanchestcr Society, dated the t4th
of December 1792, which appears lo lia\*e
been read in the Constitutional Society, in the
presence of the prisoner, and which addrcsa
has sume very particidar circumstances about
it, for you will fmd that there was a resolution
upon the 14th of December 17^3, in these
words — ^** Read a priuled address from Man-
chester— Resolved, that the said awklrcss be
approved for publishing m the newspapirrs/*
It appears hy a paper, which I shuU prfiduce
to you, that the words licud a printed midra*
from Manchester^ are in the hand- writing of
Mr. Tooke ; that the adfh-ess itseli' is in the
hand-writing uf Mr. Tooke; whether it was
a copy of any iiddress at Manchester or not, £
du not know : this address appears afterwards
to be in print ; it is sent for publication ; ajid
with a vjcw to show to the public what ejiient
the distributiuu of hl>els has arisen to in the
progress of a treasonable purpose in London,
this address was onlcrod to be printed, ana
that a hundred thousand copies of it should
be distributed to their corresfiondenls in Grettt
Britain and IreUnd.—The repuct that was
made upon It was, that it had beed oi^?red to
the Morning Chromcle the Morning Fgsl,
and that the paper itself, though drawn by «
maatcrly hand, wan ' <t
venture to print it— r
printed in London, icm t-
papers printed in the con r,
if London will not do it i o^ ..
laud has reachcti as far as >
Tweed, so as to c\\c*l ihr i
libcf, then it is » '
ord(!r to be publisln i
might be more saldy done.
Now, in this paper, which bears data
the 1 4th of Dcu ember WUi, and rccoli
as t hope you will do, what I have ^
stated tu you of the priociplcs of Uioim wh0
Twoedp m
, wbore ii
rmed in this Iransaclion^ as these
I ' t^ been manifested in aU the other
imiiftscuuus, I have stated to you^ you wijl
fiod tibmt in thi% pas^cc : he Sitya— *• To gytl
•'*- ■•tilenl faisehood, that the
the poor a* tlie rich, pr
11 a roUen conslitulion,
cxmmiucdf and of which
iL^The real tncnds of
»tid bear with pali-
. to which they arc
iiji Jiowever, no pergonal
1. hm lo the enemies of
ihc people, iiiul liu du»respect tii the tonbtilu-
tiuii, hut where it is hostile to the rights of
If, ,■' "
I ly U h Kaid to he hostile to the
ngi^ti w ibe people, I think, cun be pretty
well understood, atter what I have stated to
CabcMjt lbe%e communications with France,
it need not be left there, for you will find
tlmt this IS more distinctly stated in the
dnm^hi^of an answer to a letter, which was
JiJte^^iGc* read and entered among the minutes
f ( ty uiKjn the seth, of October 17»2 :
L- uf the answer «!ems to have been
pr«|Mi4.d on the $nd ^fovembe^ 1792 ; it was
lo^bcMOtto the editors of the Patriot. The
(l*lbe Patriot were persons who were
I Sbeilidd ; and it will appear by the
iiie cuhsiane^ uf wtiich I have nut really
iJj atfcngth onovigh to state to you, were
laiiled al r> ^^ lime with the London
Oatt8ii|ioad , and aUo with the Con-
tfimlffltti .^^^ 4 ,. ilic prupagatiuu ol their
ptop «n<l thi5 ui an extent, which no
J am do uiMirt. to, which it is mipos*
without reading a par ^
> they IhemJselves state
;i]g, and which, for the
you in this respect,
iii to you : to one of
an answer, and I hc;^
,', o\ the 2nd of Nov, 17S>'J.
)i h you in the increase of the
tifi^ of freedom ; our bo-
iitiments— we are bro-
I . ...m4 |ou,nud with the free-
;,jH_>:t'* — (who wrote that letter
i^ i tieiare: observed up<*n, which states
Ifttftyiigc^n do but a convention, and that
is a government immediately
by ttie people : that that cannot
_ the Crown or the Lords, as you
rta cuofrtrua^ the letter, retain their au-
thoiiiy^—Thgy »<ld — ** Freedoni, though an
Ite ^ ' Horts" — Now they
Hii I fj the prejudice of
!»;. 1 III lUint^uilhe world
iCuUitp'' "I t.h>^ I i'- ostein aparlia-
Icc^extititJ^ ^viLij HmgM.iifi lords. They add
l*ihm v^n, aji«tocracy,'* that is, persons
» hftvt eoc c4Mit4 upon their backs^'' and
*— nc bave it yet in England,
'' aie panting and writhing
iti imp; m^y Miccess, peace, and
tStnud those efforts ! " — That
Jetter, so prepared, will be produced to youj
with the corrections of Air. Ilome Tooke, in
liis own hand.
Gentlemen, I have now gone Uirou^b, as
well as I ani able, — and I hope you will keep
in view the ca^e I have stated, — the princii^
pies and practices of these societies, wUh all
their affiliations. I ought to mention to yau^
that you will find in tlie evidence, as it is laid
before you, most uncommon industry in pick-
ing up fresh connexions. J f a paper appeared
in 'the country, stating that a society of any
eort was formed, you will find immediate in-
dustry to connect tliem, and alliliate the
with the London Corresponding and Const
tutional Societies. If these societies profes;
— as, for instance, the Stockport Society pro-^
fcssed^ — that they would have nothing but
government constituted immediately by tliei
selves, they contrive lo give an answer satii
factory to thera. If the societies professei
attachment to the monarchy, and desired eac*<-]
planation whether they meant JVIr. Pitt's plaOg
wJiich Mr. Paine lau*jhs at-*or whether thejT'
meant the duke ot Richmond's plan — or
whether thev meant, as a letter, you wUl
hear by and by, says, to rip up monarchy bw
the roots, you will .find they satisfied llicm ail
sufiiciently to enlist them all for ttmt purpose^
which from their own transactions, I stiUc ta
be neither more nor less, than to do what
iMr. Paine did in his book, to combine the
principles, which they stated, when the
limes were ripe for it, with the practices
which were correspondent with those princi-
ples ; to apply those principles, which were
alike the principles of the^ societies and of-
the French constitution of 1791, and which
Mr. Paine, Mr. Barlow, and those addressers
to the convenion, receiving such answers from
the convention iu 1792, declared had produced
a constitution in France u]>on the 10th of An*
gust 1792, to apply them not to form that,
which in its nature is an absurdity, a royal de-
mocracy, but that which u{H}n principle is
consistent, though it it a wretched bad govern-
ment, a represcfttative govcrnmeniy lo be ex-
changed here in lieu of our hmited monarchy^
in heu of our government, under which I
state it, with a defiance to the w*orld to tell
me that I du not state it truly, that a people
never did enjoy, since the providence of God
made us a people Cyou roay^talk about theories
as yoy please), that they never did enjoy, for
so lung a time together, such a quantum of
actual private happiness and private prosper-
ity, puLlic happmcssand public prosperity,
under any constitution, as we have enjoyed
under the constitution, to the destniction or
the support of which it is for you to judga
whether such means, as I have been stating
lo you, were designed to be employed.
The ne.\t thing that was to he oone, was lo
go on in strengtliening themselves by affilia^
lion ; and you will find accordingly that they
have connexions at Norwich, Shetheld, Leeds,
and other places : iudeedi there wfis Wrdly a
9S7] S5 GEORGE m.
county, in which they had not affiliated so-
cieties, and, if yon believe them, to great
numbers.
The next step they took was, not that they
should have it accomplished— their principles
wjouUI not let them accomplish it— but it was
for the purpose of attaching more and more
affiliated societies, that they began now tp
think, in the year 1793, of makmg applica-
tions to parliament. Gentlemen, m the
course of tliat year, 1793, whilst they are to
make applications to parliament, you will find
that they distinctly discuss the utility of doinjg
80. I'he London Corresponding Society, it
will be proved to you, take the opinion of the
societies in the country with respect to three
distinct propositions. Mark this.
Now, gentlemen, in September 1793, the
Stockport Society told the London Corres-
tfonding Society that there was no hope of
doing any thing but in a convention; the
London Corresponding Society give the an-
swer that I have before stated. They bcf^n
to think of this thing called a conven-
tion in the beginnii.g of the year 1793, and
they propose having communication, on the
other hand, from the country societies. They
State three propositions — What is it we arc to
do ?— Arc we to make an application to parlia-
ment ? — Are wc to make an application to the
king ? — ^That would have been, to make ap-
plicat'on to the king, that he would oe
gra ious^y pleased, according to the oath which
he takes upon his coronation, to give his con-
sent to measure*:, which were to destroy the
government of the country, as it exists, and
of himself as a part of it ! ' Or are wc to have
a convention? You will find, when the
whole of the evidence is laid before you,
there is a vast deal of discussion about this
measure of a convention, there is a vast deal
of di<<cussion about applying to parliament.
The application to the knig is thought futile
without more debate ; but they come to this
determination, that things are not yet ripe :
but that the application to parliament, how-
ever, may be one means of ripening that
which is not yet mature ; and then soliciting
petitions from all parts of the kingdom, tell-
ing those, from wnom they ask them, that
they do not mean that they should have any
eftect, that they are all waste paper; canvas-
sing all parts of the kingdom, and getting sig-
natures in the way you will find, they
send the petitions to parliament, which, for
myself and my postenty, I thank God par-
liament did not attend to ; I mean petitions to
introduce a change in the government upon
the principle of annual suffrage and universal
representation.
They lictermined for the present that they
would content themselves with petitions:
that this would oceaMon a great deal of de-
bate : that that would give them a vast variety
of opportunities of discussing the point they
had bad in agitation since 1799 ; and, if the
public mind was not ripe for a convenlMii in
Trial qfTkomas Hardy
[ass
1793, the proceedings and transactions of
1793, had a natural and obvious tendency,
when tliese transactions were made a proper
use of, to bring to maturity the project, not
yet come to maturity : you will find therefore
that both the London Corresponding Society
and the Society for Constitutional Informa-
tion keep this object in view.
The Norwich Society, upon the 5th of
March 1798, write thus to the Society for
Constitutional Information, and which jpu
will see had held correspondence also with
the London Corresponding Society upon the
subject of the same proposition : ** It is with
peculiar satisfiiction that we are favoured with
your correspondence," — they first say — ^ We
wish to find out a method of redress ; at pro^
teni we see a great propriety in universal suf-
frase and annual elections ; but we beg you
will be obliging enough to inform us of what
you have collected of the sense of the people
by your correspondence : we have to inform
you that our worthy Corresponding Societies
of London have recently submitted three pro-
positions for our investigation ; first, whether
a petition to parliament^ or an addrtu to tha
king, or a convention,**
When I find here the word convention, I
think I may address this auestion to you as
men of common sense; it, in August 1799,
the London Corresponding Society, by the
address which I have read to you, nave told
^ou distinctly that they cannot get any redress
firom parliament, is it not marvellous how it
is to be made out in argument, that, in March
1793, they vere to have a convention in order
to i^t it from parliament, and more particu-
larly to get it from that parliament, which,
upon their own principles wm not competent
to fiive {/, if they had a mind to take it firom
parliament ?
" Permit us briefly to state our views for
your revisal ; and with respect to the first, wo
behold we are a conquered people ; we have
tamely submitted to the galling yoke, and
resistance in the present circunutances is vain ;
we cannot, we cannot art the man ; and, as
necessity has no law, we think ourselves tm-
\ der that degrading necessity to state our grie-»
I vances to the Ilousc of Commons, with a re-
'; quest for redress ; and should they refuse" —
, which they did — " to grant our reasonable
; petition, we have still got (no thanks to
them)" — here is an accurate, a short dci>crip-
tion of the affiliated societies — " a formidable
j engine, that will convey the insult to the
I remotest parts of the kingdom : as to the
. propriety of the second, we wish to submit to
I your superior jud^ent, and should esteem it
j a favour to be informed of the roull ; for at
i present we arc dubious of its good conse-
quences. Lastly, a convention ; and oh ! that
the period were arrived ; but in the present
, state of aflairs, alas ! it is impracticable ; yet
this is the object we pursue^ and esteem any
other means only in subordination to, and as
baving a tendency to accomplish that dtuw
I able end.
9Sff]
Jor Ffigh Trms^n.
uiii&oti with our brc* [
' irers, ami ^bouM b^ gliid
nfatiy '^^Mon HS it is conveni- '
rrti; w^ ir atlvice whether tl is
itrcessary, as au^^n u» pij!»«tble, to collect sig-
nalirr*** lo a pelilton far u rt:al rtprestntation
Pf
r
k.
ct
T, ofUteSlhofMflfch 1793, h«v-
M fl from Norwich, you will
1^1, who had then lalely conve
il WH'^ ubutjt that lime, I be- |
no king in this coimtry, in j
I ninir l>vvful lO Sa.Y SO, WflS j
, ♦ r per*: on to draw
1^; and accordingly
1 oks of the society, tRat
1 lo prepare that answer:
itito abler handn; for, unless
instructed, it was settled by
J I he substance 1 will now read to
K dftted the 16th of April 1793.
of the Society for Con-
n to the secretary of the
iclics at Norwich. — We
with great satisfaction
1 1 IV i I yju favoured us with^ dated
Lint, relative to the most desirable
n}ui^. u the retbrra of a parlia-
u. The honour you do
^ wc arc better fitted than
»or the promotion of political
, wo must disclaim, becau?j.e we
ilesl picasure, that our
iits have too much zeal
^ \u want success in their pub-
i. whether at Norwich, at Shef-
s. sitT, or elsewhere, through-
t In our sincerity for the good
01 iitjr t<^M in uy we trust that we arc all et|ual>
ladt M imch/ wc doubt not of our ultimate
' witli sorrow the existence of those
•• ^-'^^ justly represent as the
» overflowinjj this once
country. Wc see with
Durrcntt; that men arc to be
H and willing to supjiort those
It i*., however, no small conso-
!d thill others are not wanting, in
'tton, of nn opposite ciia-
to renu:<lv» by all laud-
:i% the defect in our
d extension of the
' t her grievances
T.
.ir... tM r.ngland has no
icter it once possessed ;
""'^ r:\cy of the country
property and privf-
iheieforc no longer
cmmt'Ot, which our adversa-
:_', when they know it is no
fire facbt notorious
then are we to look
I hose who had
ri, they would
' OqI Hfjt tD {>aiiiaaitiit, would not \k so in-
consistent as to say that Uicy would look la
it in April 1793 — ** to that' parliament of
which wc complain? to tJie executive power
which h imphcillv obeyed, if not anticipated
Id that parliament ? or lo ourselves ?"
Now, who are ourselves ? why, those affi-
liates) societies ! ** ourselves represented iti
some meeting of delcj^alcs for the extensive
purpose of relorm, which wc suppose you un-
dersl;ind by the term convention.'* The Nor*
wicii Sociiiiy writes to the Coastitutional So-,
cicty, and it proposes a convention as the
only means of doing Uiis buitiness. The
Constitutional Society states that it is to be
done only in a convention,— of what? of^
themselves. Why then, I say, upon the Ifitii \
of April, 1793, the Constitutional Society
construed the acts of the 20th of January.
1794, which I shall allude lo presently, anrl
the 27lh nf March, 1794, because the <Jonsti«
tulionol Society, said that a convention was a
convention of themselves, represented income
meeting of delegates,— and for what purpose f
for the extensive purposes of reform j — now ?
by applying to parliament? No, Why,thispas*
sage states expressly that the reason why theJJ
would liave a convention was, because they
would not apply to parliament; and can i
impute to men of understanding, that ar€
employed in tins busiricHS, for there are meii
of understanding enough employed in thli
business ; w hether that understanding i^
properly employed in this business, it is noC
for me to say aiiy thing about— can I imptital
any thing so absurd to men of understand In
as that they meant to form a convenlioi
whicii convention should carry their pettUoif
to parliament ?
** It is the end of each of these proponi
tioiis that we ought to look to ; and, as sut .,
cess in a good cause must be the eflect of
persevcnince and the rising reason of the
time, let us determine with coolness, but let
us persevere with decision. As to a couvcn-
tion, wc regard it as a plan the most desirabl
and most practicable;'* — when? so soon
the great body of the people shall be virtue
enough to join us in the attempt? No — but'*
sooa as the great body of the people shall
couragmu»and virtuous enough to join «•» in the
attempt/' You will see whether the ioterpre-
tatiiin which 1 give of the word ** courageous**
by the manner fn which I mciu to express it, is
due to it or nut, bv what I have to state to you,
Gentlemeu ul tbe jury, with a view to
plain thin tiling called a convention, as cort-^
tradistinguished from parhiimcni, give mts
leave to carry back, your attentiou fur a mo*
ment to January '^5,' 1793. In this society,
whirh, in November, 1792, had the corres-,
pondence witli France, which I stated, in J
nuary, 1793, when we were on the eve ofi
war, and upon the eve of a war which had
been produced by the principles whicji
brought fraternization into this countrv^j^
and took place soon after that decree ol
November, 1792, you will fiud t^VV^^^ v
331]
35 GEORGE IlL
[^lutions were come to— " That citizen St.
];Andre, a roember of Ihc Nationul Convention
[•of France/* — that convention which had de-
•posed a king, as that which could notejctst in a
govern 111 en I, formefl upon the principles of the
rights uf tnaii, as diM:lo5<ed by Mr. Paine, his
lifellow-meniber in that convention, — " as one
off the most judicious and entidvtcned friends
[ of human liberty, be admitted an associated
Llicinorar^r member of this society, — Uesolved
fThal citizen Barrfere, a member of the Na*
[•tional Convention of France, being cooHdered
hhy us as one of the most judicious and en<
lightened friends of human hberly, be ad-
niLted an associated honorary member of ttixs
Kjcicty,
'* Resolved, that citizen Holand, being also
leonsi<tered by us as one of the most judicious
Imnd enlightened friends of human liberty^ be
l^dmitted an associated honorary member.
^ That the speeches*' — Gentlemen, 1 par-
Iticularly request your attention to this-^
1^ that the speeches of citizen St, Andr6 and
eitisen Barr^rCf associated honorary members
of this society f as given in die Gautte Na*
iionaU, ou Sloniieur unirerttl of Paris, on
the 4th, 6th, and 7lh of January, I79i3, be
inserted in the books of this society ;**— and,
as far as tJiis society could eftectuate it, they
etideavoured also to havp these resolutions,
published in the newspapers, and it will be
ni proof to you that, in the bofiks of the so-
ciety, it is resolved that each of these resolu-
tions should be so published.
Now, gentlemen, I shall prove to you^ by
evidence completely effectual fur that pur-
pose, what these speeches were, and then, if
you will be so good as to ask yourselves what
tiic Constitutional Society, which in January
and February ordered these speeches to he
pubhshed^ meant by o canvention in that let-
ter of the teib of April, 1793, you will judge
whether that convention was to be the means
i because they would neither apply to the
:ing, the executive power, nor to the parlia-
ment), was to be the means of handing
their application to parliament or whether,
on the other hand, it was to be the means
of introducing by Its own force, a r**-
pretcntativc government in this country ?
that assembly. wl\ich you will find, they
insist would for Uie time absorb all the
powers of government, which, if it i\id
exist, would delegate its legislative power
onlv so long as Ihcy chose to delegate it, a
body competent to create a legijf^Iaiure, and
possessing within itself an eternal power of
reform, an eternal source of revolution,
Willi rc^jMTct to SL Andr^, speakuig to the
convention, he says, ** Your riyhl to decide
the fate of kings arises from your being a re-
volutionary asscnibtv (.Tciih d h\ tlu? natioo"
— a rcvolutiona! by the
nation in such a it thing,
which I think uogoixl tngUshman ever will
wi^h to eiist to see — *' a revolutionary as-
i I ritcd b/ the imtloo lo a at^tc of
ill .. . ,"
Tml of Thomas Hardy {33f
Speaking of the trial of the king of France,
they say, ** This proceeding is of the highcac
importance to public order, absolutely lieces*
sary to the existence of liberty^ and connected
with whatever is held nioBl sacred by th^
nation.
** The people of Paris" — This is upon' the
(question whether the person of the king be
JDviaJable, a ma.^im unquestionably true in
the constitution of tliis countrj', a maxim
perfectly consistent with the civil liberties of
the people, because^ though the king's per-
son is mviolablc, he has advisers, who ane
violable as to every act that he does — ** The
people of Paris, by making a holy insurrec-
tion against the king on the iQth of August^*
— that 10th of August, which, in Mr. Frost's
letter to Mr. Tooke, was absolutely necessary
to the existence of liberty in France — *' de-
prived him of bis character of inviolabiUly.
The people of the other departments ap-
plauded this insurrection, and adopted the
consequence of it. Tli/e people have IhcrcfoTTe
formally interposed to Je&lroy this rayal in-
violubdiiy. Ihc tacit consent of the people
rendered the person of the king inviolable;
the act of insurrection" — I pray heaven de-
fend us from the operation ot such principles
in this counlry— " the act of insurrection wa«
a tacit repeal of that consent, and was
founded on the same grounds of law as the
consent itself; the kin^*s person is inviolable j
only with relation to tne oilier branches of
tl)c legislature^ but not with relation to the
people."
rslow, I ask, what did those gentlemeiji^
who ordered this speech to be publisher' ^
that the king's person is invioltible only will
relation to the other branches of the le^isli
ture, when they were talking of convention^
mean .^ lam sorry lo say that my mmd \
drawn to the conclusiQH that thev thoughj
the king*s person was not inviolable witli re«
lation to ihe people, a convenlioo of whota
was to be formed, and was to be formed t^e^
cause an application to parliament waa
useless.
Now, let us see the description of a con-
vention. ** A convention diifers from an or^
dinar^ legislature in this jcspect : a legibla*
lure IS only a species of superintending mac
gistracy, a moderator of the powers of govern
ment r a convention is a perfect representalioil
of tlie sovereign t the members of tl, '
live assembly acted in August upon t
ci pies, in sumnnming the convcjiuon ; intj
declare" — precisely as it is declared in tb
letter I have been reading to you—" tlia
they saw but onv measure which could saT
France, namely, to h^^'^ t*<.Mir?c to the «u«
preme will of' the ] d to invite th^
people to CX( Tci!^^' ii ihil UU:*lit'13lb
nle right « i
lion hud ;i;
t lu any rrsUlclion : ihu ,
i jiiired that the people hU
luteal \Xim will by tlic election of ft ^>tiQii4
3S5J
for High Treason.
CoOfttitiOT), formed of repre«cntalives in-
testfil bv the people inilh unlimited powers.
T^
did manifest their will by the
» hat convention. The convention
lablcd is itself that sovereign will
ill to prevai). It would be con-
: TJnciple to suppose tliat the
r alone exdusiv ely the cxpres-
.il wilL
•jfthe convention must, from
• i ...I ^ of the assembly, be unlimited
*. (t to every nieasurc of general
SI I as the execution of a tyrant* It
1^ ' a convention, if it has not power
l> . king :a convention lit a constituent
bcHiy^ t, £< a body that is to make a constitu-
tioator the people; a legislature makes laws
USider an eiitaMished constitution, and in con-
fomity to it, It is despotism whcu, in the
and ptTmanent establifihment of a
there is no reparation of powers j but
*' very esseuce of a consstilucnt body
1 1- for the time all authority : it is
tiiv .w., ..uLure of a national convt-ution, to
ht the lemfjonitj' ima^c of the nation, to
ill ii-fir all the powers of the btyte, to
ilo iinslthe enemies of liberty,
I them in a new isocial cora-
ls I constitution.'*
ji»^ after I have stated that to you,
iiiu^L I caiiuot possibly be mistaken when I
riv? that you can Jo no otherwise than
p> toe construction upon this letter
w lake the liberty of calling your
1 a letter of the 17*th of May 179^,
Utm inv amwerof the 26th May 17{>.H, passing
a grciit many letters, the substance of
h you wiil inlorm yourselves of by having
1 nmdf namely, JeUcrs that prove afiilia-
k »otiriied aud granted to Leeds, Tewkcs-
hutf, i and many places in the
kingdcs^ numerous than I apprehend
JQQ wtil bcheve^ tdl you see what the num-
wr ^f tb«m is, by evidence actually before
Gcntlemm, I beg Jeave now to call your
IftaiUt r If r of time, to a tetter of the
lllb %\ ior it begins a corresjiondencc
lUMleiiirsfivi J) material with that part of
ibe countiT in which the convention haa been
tkmiy ticid ; 1 nu • ■>-■♦' ^r 1 : -a convention
vydv 1 Ihtnk 1 u, did, for the
ttMv vt Upon 1 that I have
HUed loycu, !n>iu iIm ' f Barrerc, as
4f a* it txjtj I : h I think, at
^mammn^ you, if it had not
laeil ttQ|iarii . m of its purposes,
•atf bid b«!Ujoii hose acts wc
V9 rtm*¥}rTi^ g < I 1 1 1 h a V e neen,
ki ' ■ . i ' I ■ ' r , in
L: of
Htfiefi *jI licarm^ il ironv me m a
Oent^m' " ' '\-r f^ r' that I
ii^lobadu thrjus-
derstaud the case upon which certain per
sons were tried for the acts which they did if
Scotland, that, if they had been tried lor higHj
treason, they would have no right to com-
plain ; no right to complain if the ouestioiL
upon their conduct bad been agitateu in thai
shape before a jury of the conn fry.
Gentlemen, upon the 17th ol May, a Mf
Urquhart going from London, Mr. Hardy, and
a person of the name of Margaret, celcbrat
cJ in the future history of this busincsSj joiii
and write a letter — parliament had, as tbej
expected it would, and as they meant it shonJ
reiected their petition — "The Ix)ndon Coml
responding Society eagerly seizes the oppori,
tunity of Mr. Urquhart gomg back to JEdinJL
burgh, to request of your society a renewal ol]
correspqndence, and a more intimate co ope
ration in that which both societies alike seei
viz» a reform in the parliamentary represcntaZJ
tion. We are very sensible that no societj
can by itself brin 2 about that desirable end 1
let us, therefore, unite as much as possible^
not only with each other, but with everyj
other society throughout the nation. Owtl
petitions, you will have learned, have beeilj
all of them unsuccessful: our attention musC
now, therefore, be turned to some more effen
tuai means ; from your society wc would wil
lingly learn them, and you, on your part, ma|
depend upon our adopting the firmest mea
surcs, provided they are constitutional, and w
hope the country will not be behindhand wit]
us/'
Now, by *' constitutional measures," it m\
clear that they meant that a convfntwn^ ai
contradistinguished from a parliament, would
be coMMitulional : it is clear they meant i^l
because they have said it, J
Then Mr, Skirving • writes thus — "Mhl
Urquhart did me the pleasure to call C4ti
Thursday afternoon, and delivered your lettetj
of the 17th inst- i am much pleased wit
the contents of it, and shall lay it before th
first meeting of our societies here, which, hov
ever, does not take place till Monday sevei
night I would have acknowledged the receip
of your favour by yesterday's post, but was IlhA
much emplovcd m removing our househokt|
to another lodging to attend to any things
else/' Now I beg ^'our attention to this. be»|
cause you will sec in the transactions of tbf
}Jeople in convention in Edinbiffgh, that they
ookcd to what they were to do" in case of aj
rebellion as wxll a"J any other.
" If either you in England or we in Scoti
land shoidd attempt separately, the reforn
which we, I trust, seek to obtain, we shouldi!^
by so doing, only exi^oso our weakness, and
manifest our ignorance of the corruption
which opposes our important undertaking ^ if
we sougnt only the extirpation of one set of
interested men from the management of na-
tional affair?, that place might be given to
335]
35 GEORGE III.
Trial of Thomas Hardy
[S9S
another set; without afTccting the vitals ad-
verse to the system of reform, these might be
easily accomplished : but to cut up deep and
wide rooted prejudices^ to give effectual energy
to the dictates of truth in favour of (lublic
virtue and national prosperity, in opposition to
self and all its interested habits, and to with-
stand and overawe the final efforts of the
powers of darkness, is the work of the whole,
and not of a part ; a work to which mankind
till thu awful period were never adequate, be-
cause never till now disposed to fraternize,
not merely or only, I trust, firom the sense of
the common danger to which we are exposed,
but firom the ennobling principle of universal
benevolence.
'* I know no greater service that I can do
my coiintrv, than to promote the union you
so wisely desire : and I am happy to assure
you, that I have hitherto discovered no sen-
timent in our association, adverse to the most
intimate and brotherly union with the asso-
ciations in England.
^ I think the minds of all must in the na-
ture of things be now turned to more effectual
vuans of reform. Not one person was con-
vinced of the necessity of it oy the most con-
vincing arguments of reason, together with
the most unequivocal expressions of univen^
Jeaire. What then is to be hoped for from
repetition ? I am only afraid that the bow in
England against reform was so contracted,
that in returning it may break. You would
willingly learn, jfou say, from U9— I own that
we ought to be forward in this : we have at
once in ^reat wisdom perfected (mr plan of
organization, and if wc were in the same in-
dependent state of mind as the people of
England, we would be able to take the lead
— the associations with you are no more, I
fjjar — excuse my freedom — than an aristocracy
for the good of the people : they are indeed
moderate, firm, and virtuous, and better can-
not be; but we arc the people themselves,
und we are the first to show that tJic people
can both judge and resolve, if undirected by
faction, withJ)oth wi^lom and moderation.
'* 1 liuve not a higher wish in Uie present
exertions for reform than to see the people
universally and regularly associated, because
I am persuaded that tlie present disastrous
engagements will issue in ruin, and Uie peo-
ple must then provide for themselves; and it
would be unhappy when we should be ready
to act with unammity, to be occupied about
urgaiiization, without which, however, anar-
chy must ensue — we will not need hut to be
prepared for the event—to stand still and see
the salvation of the Lord — let us therefore
take the hint given us by our opposers ; let
us begin in earnest to make up our minds re-
lative to the extent of reform which we ought
to seek, be prepared to justify it, and to con-
trovert objections : let us model the whole in
the public mind ; let us provide every stake
and stay of the tabernacle which we would
erect, so that when the tabernacles of oppress
bion in the palaces of ambition are brokea
down, under the madness and folly of their
supporters, we may then, without anarchy
and all dangerous delay, erect at once our
tabernacle ot righteousness, and may the Lord
himself be in it!"
Gentlemen, these are things all very easy
to be understood.
^ How hurtful to the feelings of a reflect-
ing mind, to look back to the wretched state
in which the Roman monarchy, enfeebled ami
broken by its own corruptions^ left the nations^
which it subjected, like sheep without a shep-
herd ; they soon became a prey to every in-
vader, because there was none to gather and
imite them; had they, foreseeing the evil,
associated for mutual defence, no robbi^
would have been able to enslave them ; ther
would have given laws to all parties, as well
as to themselves : all separate colonies and
nations would have sougnt their alliance : but
not having virtue to associate, and heal the
divisions, and root out the selfish spirit,
which ambition-fostering governments pro-
cure to their subjects, they fell under oppres-
sions, from under whose iron sceptre they
have never yet been able to deliver them-
selves.
j '< We may suppose an event, which we
i deprecate; nay, should we not be prepared for
every possible issue of the present unprecedcnt-
I ed divisions of mankind, wc have a right to
be apprehensive of the abilities of our owhf
I managers, who are so afraid to depart firom
; precedent, that, like men of detail, they may
I be inadequate to the task of preserving tlie
I vessel frum shipwreck, now grappling witti
\ danger not only great, but new and uncom-
. mon. If the present ministry fail, who after
: them sliall be trusted ? It requires little pe-
netration to sec the anarchy and discordr
: which will follow ; it will be such, that no*
thing short of a general union among the
people themselves, will be able to heal : nastA'
therefore to associate, at least to be ready 16
associate; if, then, such a broken state of
tilings should take place, the civil broils that
would necessarily ensue, would soon subsido'
before the united irresistible voice of the
whole. Do not, I entreat you, hebitatfr
thinking such a work premature as yet,''— i
this is writteu in May 179:i ; — ^ but a mordh^
and thcsi it may he too late; a malignant
party may be already formed, and only
waiting for the halting of the presmt mana-
gers; It will then be too late to seek to sub-
ject to deliberation, after a party has dared
the act of rebellion. If you so no further
than se)>aratc meetings in dinerent towns,
we will not be able to confide in your con-
fraternity, because while in such a ^tate yoa
may be but the tools sf a faciiun; we could
have all confideiKe and unite with all afico^
tion in o«e assembltf of commisaUfntn from all
countries of the world.*'
Gentlemen, observe that expression ; thia
letter, in the beginning of it, speaking wilk
8S7] Jot High Tretum. A. D. 1794. [S38
icfereDoe to the ^vary does not know but the
paUces of ambition may be all overset ; the
Slars will tumble with their supporters,
ten it says, *' we could have ull confidence
and unite with all affection in one as&emUif of
at that time was a member of the society or
not, but two members are brought togetner,
Mr. Home Tooke and a person of the name
of Yorkc,* who, you will find, was a delegate
to the convention in Scotland, and who you
commiuitmtrs from all countries of the worm j will find has acted a considerable part in
—if we knew they were chosen by the un- ■ other parts of this country, were to be emt-
biassed voice of the people, because they I ployed in preparing that address,
would come up with the same disinterested ' Upon the 6th ot July 1793, a letter having
Tiews and desires as ourselves, having all ! been received from the political societies at
i^reed to a common centre of union and ' Norwich, the answer, signed by the prisoner
interest ; but we could not confide in fellow- 1 at the bar, is ^ven in these terms :
citizens, who kept aloof from such union, and ' " Fellow-citizens, the London Correspond-
would not previously affiliate in one graat and | ing Society have received, and read with
indivisible tamilv " { pleasure, your letter of the 25th of June ; but
Gentlemen, I have before tokl you, that the answer, which you mention to have been
there was a sociely at Birmingham. Upon . made to our three Questions, has not yet
the lOth of June 1793, the Loudon Corres- ' come to hand; we snail be glad to be iii-
pondinz Society writes to that Society in formed by your next whether it was ever put
these terms : *' it is with singular satisfaction in the post-ofiice.
the Committee of the London Corresponding ** With regard to the questions themselves.
Society received your letter ; they are very however individuals may have made up their
glad to see the spirit of freedom springing up minds on them, the public seemed most to
m Birmingham, and the^ make no doubt but approve the mode of petitioning parliament."
that the zeal of your Society and the increase Then it states the cflect ot the petitions.
of your nunilers will soon do away the " Kxhorting you therefore to throw aside all
sngma thruuii on ^our town by the unjus- unavailing complaint, we wish you to occupy
tifiable behavjuur ol^a Church and King mob : yourselves in instructing the people, in intro-
we are entirely of ydur opinion with regard to ducing and maintaining order and regularity
the necessity of' a fieneral union, and we be- in your own society, ami in forming a junction
Eeve, as you do, that when onre the country witli all others associated for the same pur-
fihall have so united,**— what then? ** the pose throughout the nation, by keeping up a
J^eroes of the day will be forced to yield to constant correspondence with them ; but,
the juU demand of a long and sure oppressed , above all, orderly and courageously preparing
ftnle. " I yourself for the tveiU,*- — now mark the event, —
Gentlemen, the political societies at Nor- i '' for, as it is natural to suppose that those, who
vicb alAO write to the I^ndon Corresivonding ; now prey on the public, will not villinsily field
Society with respect to this C'onvention upon '</' their enjoyments, nor repossess us oj our
the 9oth of June 179;^ in which they say, rights without a struggle, which by their be»
" we also received your friendly letter prior huviour in Ireland^'* — that alludes to the bill
to4hat wherein you stated three propositions: : in Ireland to prevent a convention,— " iw
first, a petition to his majesty, or to parlia- have some reason to think they arc meditating^
ment, or a national convention; and ordered and perhaps may intend to effect by meam cf
oneof our committee to answer it; should be those zery foreign mercenaries, who are now
§lad if you will inform me whether it was paid by the sweat of our brow, and zchi-m, under
attended to. I gave my opinion on the sub- . some plausible pretence, it would be no difficult
ject to the Constitutional society of London, matter to land on our shore : it may be more ad-
and found their ideas congenial to my own,'' vantageous to humanity to show them at JirU
—that alludes to the letter they wrote hiin, — ; that their opponents arc neither mob nor rabbUf
* viz. an address to the king — futile ; a peti- ; but an indignant oppressed people, in whom is
tion to parliament (as a conquered people)-* , not yet entirely extinct the valour of their fore-
tolerable; a national convention (if circum- fathers,^'
slanccs admitted), best of all.'* I (Gentlemen, in a letter to Hertford, which is
Gentlemen, you will find that, upon the | written by the same Corresponding Society,
S8th of June 1793, whilst these societies ; upon the 3 1st of July 1793, and wliich Society
were holdinz so much correspondence with i at Hertford had desired to kno\v tlieir princi-
respect to this national convention, as the pies, they stale tlienisclvcs in the same
only effectual means, it was thought an ad- > manner ;— " We receive with i»ieasure your
dress to the nation should be prepared : that i assurance uf co-o])eratin(;; witli us for a retbrm
is not immaterial, because you will find after- | in parliament, an object to which all our
wards, that the project of a national conven- I endeavours tend, and on which our hearts are
tion in Scotland was thought by many of the { invariably fixed ; but as your declaration that
members ot it, and many of the members of you will not pledge yourselves to demand
those bodies, to have failed for want of such universal suffrage and annual parliaments, ia
a pevious address to the nation ; and upon followed by no specific plan of reform of your
this occaiioii two gentlemen are brought
togetbery I do not know whether one of them
VOL. XXIV.
* See his Uial, 4. n. 1796^ infri.
55 GEORGE U!.
bwii» wc are under some difficulty h6w to
coDcJude ; perhaps, as ttrangerSf you write to
fit mth that prudent re$ert€ which is some-
times necessary, nnd thai idea receives strengtii
from your appearing afterwards convinced
that the common object of the two societies is
the same, which W(i readily admit ; but, as
mutual confidence is the basis of union, and
Ibc only rational pledge and support for co-
operative exertion, we trust your next will do
kway every difficulty.
" With respect to universal sufiiuge and
n r ' irfiaments, a mature convictioD of
i I e and necessity for the preservation
oi jujiiiv and prosperity to the great body of
the people^ and for securing the independence
^ parliinent, was our primary inttnrement
'MMldbte. We therefore candidly assure
VVttt these our principles, as already an-
] nounccd to the public^ remain immutable^
Unconnected with any party whatever : we can
insider no reform radical, but such as will
tSitabVe cver>' indiiridual of the community to
[ enjoy the advantages thereof equally with our-
wves ; fur, if ignorance of the nature of
emmcnt, or the merits of the candidates,
I argument against universal suffrage, as
opponents pretend, llic same reasons
l^ould equally incapacitate a great majority
rlif those who now enjoy that pnvilc£;e, to the
["^xchision of very many thousands, much
I l>cttcr informed tbnn themselves ; not to men-
Ition tluit, under a more equalized mode of
iovcrnmeot, the people would be at once in-
^ uced and cmpowcfca to improve themselves
useful knowledge. In a word, we know
f principle, consist4*nt with justice or reason,
|%y which we could exclude conscientiously
[ft' < the community from an equality
] c ;iid privileges, which eve^ member
161 i^LKJciy^ as he contributes to its support,
light equally to enjoy.
•* With respect to annual parliaments, we
^ill just remark, that good members may be
fr-^i. ...1 whilst twelve months we think
^ lent for the welfare of millions to
J ,,.. .^1 the mercy of a bad representative,
lliivin^ thus imeqm vocally stated our princi-
Iih-^j wc shall conclude by observing, that the
ui\ just passed in Ireland is of a natui-e to
awaken the jealou.sy of every friend to freedom
lind huraaruty — will render every exertion
Justifiable, sliould a similar attack upon con-
•litutional freedom be attempted here."
In October 1793, th<5 Scotch Corrvcnlion
1 r ,",'■,'.;, 1 *, ■ , i*' r 1; . [leard
:jata
l^'. ',ur,«
to I who
V . Muuki ,iiju i .iunds
• i'l, by the London
( iM flYtrnnrfTcriary
ii ..iteJ,
a* ' '. ' i '■ ' —•.•-, the
atjlity and pfopnetj i; delegates to
:3,p.T7r,
Trhlo/TltQmat Ilard^
[540
a convention of delegates of the different
societies in Great Britain, at Ediobtirfh, for
purpose of obtamti^ a p&rliarnentary
the
reform.
Upon the ^Blh of October 1793, tliH socirty
came to a resolution to send delegates to that
conventiori, and the two persons eiected were
Mr, Sinclair and Mr, Yorkc ; and perhaps oiie
cannot state a more striking instance of the
extraordinary^ power of a small society* affi.
lialiog iisell with societies, spread all ovcrtlic
whole kingdom, than by stating thai SincHir,
who was deputed from this society, meeiihg
with tAher clele^ates in Scotland, had no dJ^
culty of assuming with others the title of a
delegate to the British Convention — lt> assert
their right to do acts in contradiction to the
legislature — than by telling you tliat tht>
Yorkc and Sinclair were deputed from thi»
society by 3 poll, in which he, whu had the
majonty, had seventeen votes only; Mr.
Yorke and Mr. Sinclair are accordingly sent
down, and they go with all the delegation ol'
the power of the people^ which this Constitu-
tional Society, thus aflilialed, could glrc
them, and what they thought it v, : viH
see presently, — ^The Ijonaon €« ng
Society was not to be backward hi lormmg
this Convention in Scotland— and, aceor-
d'mgly, you will sec in the evidence, whicb %
have to stale to you, a considerable deal of
contrivance on l!ie part of the prisoner at tlie
bar, in order to bring about that convmtioa
in Scotland; for, eeutlenicn. hr wril/'s %
letter to the Norwich Const) *>',
which deserves your very Tr< ,11,
in which he expresses himself tiiUi»— "^ W^
have to acknowledge, at once, your (Hvmtrs «cf
the 3rd of September and 1 4th instant;
rnullipUcitv of birsiness prevented my answer-
ing your first, but will nowinforn' 'lat
the S|»irit, shown in it, gave great la
to our society at large. The rejoicm^^ mjt ih©
capture of Valenciennes were not con£ned t6
Norwich alone : the ignorant every ^' ^*' "^^ Hj^e
throughout tlie nation betrayed Ih I*
hty on the occasion — the taking 14 ^ 1 ,.ti,
the slaughtering of thousjinds of human
beings, the laying waste whole provinces, or
the enslaving a nation (however great tfih
they may be), can only retard for a $ma!l
space of time the progress of tnnh afid
reason. Be not disheartened therefore ; punwt
your plan, instruct mni m-
tionaliy set your faces a.: - ;
be assured tliat many are our t!/ iq
only wait a favoixrttble opportttnit , if
join us, while our cnem-- h- >
feebled themselves and r
arbitrary exertions; dtsi-,*,.*.* *. .,» a, <<i^^
gasp— one or two campaigns more will leflHH
minate its eicthtpncc. ^^1
** We 10 fipc that you hrg^'tO
ra«kc a c of fJck«^.tt!on : niitm
bodies 01 1-
vened en . , , ^
the befttf aud ludt^cd liit^ ouly wa^ la vlrbAiQ
34U
fw High Trtastrii,
A. D. I'm.
[348
lite giiflcraJ ofimi on . Scot lund^ impro vi ng o q
U19 id^N^ bsve not only fKmmooed their owo
deletes, but also iuvite those o( every other
iocactv lo altt-nd a kind of amvention" (as if
M^ lufdy knew nothing about it), ** which is
Ib lie hfcid at Edintjiif gh on the 2t)th instant
•*|lie cudcocd paper^ vfhkh t, previous to
ikm commyiiicatiDz >otjr letter to our com-
(wlii-'^ -:^' Tiieet only lo-morrow)»
i» to you, will show you
_- .kiiludedio thegeiural in-
dclcgytcri ti» that meetings
vnii tu do. if you pos!>ibty
■ 'tir society will not miss
.\\g I lie same."
I that, upon the 5lh of
, who wrote this letter
•u' rote to Skirving in tliis way
L' I peruse your favour of the
Sad m^tiiit, but» as yet» have seen nor heard
of the two co|»i<*!i of Mr. Muir^s*
Ls being aeni to the
kiQd enough, nol-
^j^cuUeinan thanks
id aasiue him that
*.»i.i ' ^ ''v '»^ T to free-
mrli that oiir
!»»>, I J ;-^sors of
Will or afraid of
th* I v_ i c inta ciecu-
■'The Geofral Couvrntion^ which you roea-
ntkc h&tt
fiMMi lo tend
cui; t
libaofi
Kow yon
Imlf
wttbau
fir hi.
11. -' '^""^^
llliBA^efy «
ifkimli^ iO cur A
Hi MM a di I
4 (to wboni alone
. letter} and myself
uic^ihure, and as tuch^ I
ifiiJif, to ctnnmuukate U
rtut unjf ma^i men"
to me pnwiUefy —
liould require us
mectio!^, I have
M,i.i.> >>i.Hid> witit picsisurc,
lun ; and I aiu ptr^uadt:d it
puud.— Hur Irtvdom^ as you
depend»i eutircly upon our-
1; mod vfioD our av;idui^ ourselves of
tiiili^portiinityy whicli^ oticc lost, nmy not be
|9f0vered »o »ooo. I am glad to diMiover by
Mf iMCtfOotiv tiiat I was by no ways mis-
mIm Ifi th*i nijE^h opinion I always had of
M Dsn a title may be a bar
t0 4bib.r lisiu, but it seems he
Itai* rvjii I Mo t'6 an iuHuperable one.
** i 1 ,11- :;-^«t; ills true, that we have
kM Mioibcs gciACfml nu r t - .. 1 . i. i.^^^
%4)Mia0Maiid BuJM ss
ioteuOgV)'^'- '""^'' >,..,,., ^.,,. ..^,ccd
tdNfltfefitr l rcvisul, the sc.id
f kdm J • i 1 1-nalui t'd than
iguagc^than
> li€iLjg too
itton of
itd ano-
^^iUf and relating
you have a copy
_, Hie Ci>:i
tMf |& the ««r
of It; %ut you was II ^iwaa
told we passed any r' itmg^
for we only came to uue, and it ml lalher of 1
private nature, namely, thut the conduct c
sir James Sanderson, in pi ^ the mee
ingof the Loudon Corrv society,
the Ulobe tavern, Fleet sircclj was of sucfc
a nature tjs to plate him below our censure."
Gentlemen, the London Constitutional f
ciety ^ve their dclegitles, Mr. Yorke and Mn
Sinclair, certain instructions: and I ougb'
here to teli you, by way of explaining th
effect of what 1 am now to state, thai th
manner of keeping the books of llie Londo
CoustilulioniU Society, as I understand it, wa
this — The resolutions, ra;ide upon one nigh'^
were taken upon loose minutes, either by tbt
secretary, or by other persons, who acted in hir
absence, or in his presence, when he was noL
doino^that duty himself: tbey were entered, b<»f]
fore the subsequent night of meeting, rcgularlj
in the book, and the tirst thing done upon th^
subsequent night of meeting w*aslo read thfl
resolutions which wene made upon the forracy]
night, and to see that they were correct : no^pjl
it will naturally occur that the minutes ma/j
explain the book, and the book may explaia
the mmntes : now, when tliey come to dran
llic minutes, which you wdl have for the in<«J
strijction of their dele^tcsata conventional
which was to be held m Scotland, the 6rs||
idea was, to instruct those delegates'to petition
parliamcnl; but they seem lo liave recoLlcctedi
thai that was a measure, which had beefij
abandoned some months before by all the so
cieticB with whom they were affiliated : they 1
therefore struck out of their minutes the pur* 1
pose of applying to parliament, and they ^endJ
instructions in these words t * J
*^ The delegates are instructed, on the parb
of the society, to assist m bringing forwanll
and supporting any coublituiional measures J
for procuring a real representation of the ]
Commons of Great Britain in parliament— J I
that, in specifying the redress lo be demanded]
of existing abuses, the delegates ought nevc^l
to lose sight of the two essential principles^ j
general suffrage and annual representation^]
together with tlie unalienable right in thai
1>eople to reform, and that a reasonable and ,
mown compensation ought to be made to< |
t b f t utatives of the nation by a national ^
' rj," What they meant by the re* ^
pf I tz nituti't^i of the nation, after what I havo |
already read to you, 1 think you cannot pos* |
sibly mistake^
The London Corresponding Society ar^(
somewhat boJder in the instructions, which
they send with their delegates lo the conven-i ^
lion in Scotland : yoti will bud these instruc* |
t ions are to the folio win|t eflTccl;— By article
the 1st, the delegnte h instnicted " thai h«r j
the ..^
versa!
S4S] 35 GEORGE HI.
sentatives in parliament ought to be paid by
their com titucDts.
" 7th. That it is the duty of the people"
— •nowy gentlemen, I beg your attention to
this ; it 18 U)e principle, upon which the con-
vention in Scotland was formed, and upon
which it acted : '' That it is the duty of the
people to resist any act of parliament, repug-
nant to the original principles of the constitu-
tion, as would DO every attempt to prohibit
associations for the purpose of reform."
- Gentlemen, there is no government in this
country, if this principle is to be acted upon,
because nobody can tell to what extent it will
§0 ; and accordingly ^ou will see that these
elegates, who went into Scotland, with this
authority in their hands, carried the autho-
rity far beyond the resistance, which they
were authorized to make according to the
principles here laid down, and they state a
great variety of cases, all approved afterwards
both by the London Corresponding, and the
Constitutional Society, in which Uie people,
and the convention of the people, were to re-
sist parliament.
Gentlemen, these societies having sent de-
kgates to the convention in Scotland, I pro-
fit now to state that the acts of that con-
vention, to the extent at least to which the
delegates from this country were authorized to
act. are evidence against those who sent them
and therefore against the persons here in-
dicted. But fartlier, they communicated to
the societies here, particularly to the prisoner
at the bar, their acts ; and the societies here,
in distinct resolutions, acting upon considera-
tion, approved their whole conduct : they
therefore made that conduct of their delegates
in the convention in Scotland, whether it was
apecable to the original authority which was
pven them, or not, their own ; they adopted
U by giving it their subsequent approbation.
Gentlemen, you will find, first of all, that
Uiey received a letter from the Sheffield So-
ciety, affiliating with them, in which it was
proposed to determine like Knglishmen.
After receiving a great deal of other corres-
pondence, which I will not trouble you with
reading, the societies here prepare to send de-
legates to Scotland. Mr. Skirving sent a cir-
cular letter upon the arrival of the English de-
legates to the delegates of all the associations
in Scotland, which were extremely numerous,
and very widely extended ; and 1 think the
delegates of these dift'erent societies came to-
gether to the number of one hundred and
eighty. After sitting some time, Mr. Mar-
SJTot, you will find, who was the delegate of
e London Corres^vondine Society, represents
to the hody there met — *• That the societies in
London were very numerous, though some-
times iluctuating ; that in some part of Eng-
land whole towns are reformers: that in Shef-
field suod the environs there are fifty thousand ;
that in Norwich there are thirty societies in
one : thai if they could set a convention of
j£nglaii4 and Scotlaodcialedy they might re-
Trfal of Thomai Hardy
[Ml
present six or seven hundred thousand males,
which is a majority of all the adults in the
kingdom .'^
You will find Mr. Margarot moves, that,
previous to publishing an address to the public
a committee should m appointed to consider
the means, and draw up a plan of general
imion and co-operation — ^between what^ Not
between any societies in the two nations, but
a plan of general union and co-operation
between the two natiom. In their constitutional
pursuit of a theory of parliamentary re-
form, thev style.themsclves a convention, and
this, gentlemen,* is extremely material tor you
to attend to ; they style themselves, ^ The
British Convention of the delegates of the
people associated to obtain universal suffirage
and annual parliaments.'' Then I alk what
is a convention of the people according to
these societies ? Accordmg to the proceed-
ings in Scotland, a convention of the people is
a convention of the delegates from tnese so-
cieties in England and Scotland.
They assert that the people have in them all
civil and political autnority; and they, re-
peatedly, again and again, from the moment
that this convention was formed in Scotland
to the moment of its dispersion, more especi-
ally at the time of its dispersion, more espe-
cially still from the time of its dispersion till
the time of a meeting on the '^oth of January,
at the Globe tavern; and on the 27th of
March, when another convention was pro-
posed, as I stated at the outset, they repeat-
edly and in the most pressing terms state that
now or never was the time, when the people
were to meet, when they were to act by their
own force, when they were courageously to
prepare themselves for the event, and to show
those whom they called their oppressors and
plunderers, th:it they were a brave people, in
wliom valour wa> not extinct.
Having thus met together, upon the princi-
ples of the French system, which took place
on the 10th of August 179^, they proceed di-
rectly to the French prucliccs, which look
place then in the National Assciuhly of France,
took place then because the people of Framed
were understood to be reprcscnied by a conven-
tion ; these delegates taking upon theiQselves
also to he a convention ot the jpeople, they
instituted Prmury Societiesy they divided the
country \r\X.o departments^ they appointed pro-
vincittl auembUen, they have Committees of
Union f they i\\B.nk\uT patriotic donations^ Xhey
auumc an epoch, they appoint a Secret Cam"
mittee to he called together upon extraordi-
nary emergencies; and upon the 2ttth of No-
vember 1793, they come to a f^sohition, to
which 1 must beg your most serious attention.
Gentlemen of the jury, you will remember
that they went with authorities, which stated
to them that it was the duty of the people,
which |)eople they had taken upon thcmseivesi
to represent, to resist any act of parliament,
that should be made for a particular purpose.
It is hardly, I think, U> be contended, thai the
S45]
for High Treason.
great bulk of the people of this country,
happy in their political existence, as undoubt-
edly they are, remaining happy in their po-
litical existence, because they do not feel
^cvanccs (till they are taught by malignant
industry to believe that they exist), I mean to
ciich a degree as to call fur measures of this
sort, could believe that the legislature of the
country, doing justice to tlie subjects, whom
it is l>ound to protect, would permit a proceed- '
iDg of this kind to go on — yet, gentlemen,
confidine so much as these persons did in the
supposed state of their number in that coun-
try, and of those who were to be connected
irhh tliem in this, you will find that, upon the
S8th of November 1793, one of the persons
belonging to that convention, citizen Sinclair,
I think, the members all standing up upon
their feet, for the greater solemnity of the
thing, proposes this resolution — ** Resolved
that the following declaration and resolutions ,
be inserted at the end of our minutes—" That
this convention*' — now if it be possible to say ;
that any convention means to act as a con- j
vention of the people, it is that which sets it-
self above the legislature in the act it is doing
»-" that this convention, considering the ca-
lamitous consequences of any act ol the le-
gislature, which may tend to deprive the |
whole or any part of the people of their un- 1
doubted right to meet, cither by themselves !
or by delegation, to discuss any matter re- ;
ktive to their common interest, whether of a !
public or private nature, and holding the same {
to be totally inconsistent with the first prin- 1
dples and safety of society, and also subver-
sive of our known and acknowledged consti-
tutional liberties." —
Gentlemen, permit me to call your atten-
tion to this, that this declaration, in its prin-
ciples, follows the instructions that they had
received, that, if any attempt was made to |
bring in a convention bill, they were then to '
do so and so. They then proceed thus — •* do I
declare before God and the world, that we I
shall follow the wholesome example of former
times, by piiying no regard to any act, vihich
shall militate against the constitution of our
country*'— That is saying, that the will of the
legislature is not a better judge of what is an
act against the constitnlion of the country, '
than the affiliated clubs at Kdinburgh — ** and >
shall coiitiiuie to assemble and consider of the
best means by which we can accomplish a
real reprebentation of the people," is that a
parliament r— " and annual ch^ction, until" —
what ? — ** until compelled to desist by superior
force.
" And wc do resolve that the first notice
given" — The hrst notice — parliament is not
even to discuss the thing ; but, if an intima-
tion of it is made in parliament — " That the
firbt notice given for the introduction of a con-
vention bill, or any bill of a similar tendency to
that passed in Ireland in the last session of their
parliaineDt, or any bill for the suspension of
ibe Uabeas Corpus act^ or the act for prevent-
A. D. 179*. [346
ing wrongous imprisonment and against un-
due delays in trials in North Britun, or in
case of an invasion**
Gentlemen, I call back to your recollection
the letter of Skirving— I call back to your
recollection not only the letter of Skirving,
but that the troops of liberty were promised
to be sent with bayonets and pikes from tlut
country, which at this moment was likely to
invade us — ^*' or the admission of any foreign
troops whatsoever, into Great Britain or Ire-
land**— If the parliament of this country, for
the purpose of protecting itself against that
foreign invasion, had brought these foreign
troops into Great Britain or Ireland, not
being the troops of a nation with which we
were at war, thu convention of the people was to
act upon the introduction of such foreign troops
in the same manner as they would act in case
of an invasion by xhose who were at war with
us — What is the construction that follows
upon that ? — that, even if foreign troops, to
meet the exigence of an invasion, were intro-
duced— what then ? — " all or any one of these
calamitous circumstances" — why calamitotis^
they might be necessary for the very existence
of the country — '' shall be a signal to the
several delegates to repair to such place as
the secret committee of this convention shall
appoint, and the first seven members shall
have power" — to do what ? — to do that ex-
actly, which a national convention in France
would do — •* to declare the sittings perma-
nent'*— why ? Because the duly constituted
legislature of the country had aared, not to
do an act, but to entertain a deliberation upon
doing an act— the first notice was to call toge-
ther this convention, and being called together,
their sittings were to be permanent.
Gentlemen, are the parties to this conven-
tion in Scotland such men, as would think of
bringing themselves together to declare their
sittings permanent upon such a ground as
thry state here, namely, the legislature of a
great country acting in the execution of the
great duties which belong to the legislature
of that country, without supposing, by that
solemn declaration, that they could make
their meeting effectual by the acts which were
to be carried on for the purpose of preventing
that le(;islature from deliberating upon such
duties } By what acts could it be done but by
exertions, as they style them, in the manner
of their forefathers, by force ? By affiliated
societies, exerting their physical strength,
that physical exertion, which Mr. Banow
observes is to be preceded or precluded by
spreading useful knowledge, ana that useful
knowledge, beinjr that which is to beat down
the existing authority of King, Lords, and
Commons.
** The convention therefore resolve, that
each delegate immediately on his return home
do convene his constituents, and explain to
them the necessity of electing a dele^te or
delegates, and of establbhing a fund without
delay, against any of these emet^UDidn^
his or Uielr expanse, and that they du instriitt
t}ie said delegate or delegsitcs to bold tbem*
delves ready'*
Gftntlcmen, you sec what they expected
ftttm the legislature — they knew that what
they were doiug ought to provoke the legis-
lature to do \^at they meant to forbid the
legislature to do : and they instruct their de-
legate or delegates to hnld themselves ready
-^** to depart at one hour's warning/* Well
might Mr^ Skirving say, that a month's dclay^
and the whoU icaj W : well might Mr, Hardy
ftay, what he says in letters f shali produce
presently, tliat ii^ the opportunity is lost now.
It is lost for ever — we must act now, or we
never can. Having some reason tu suppose
that this convention would be dispersed, they
lli«n with great solemnity come to another
resolution :
" That the moment of any illegal disper-
Slop of the British Convention bhalT be consi-
dered as a summons to the delegate5 to re*
pair to the place of meeting appointed lor
the convention of emergency by the Secret
Committee, and that the Secret Committee
i»c instructed without delay to proceed to bx
the place of meeting/' Gentlemen, after
these re^olutiuui) it became necessary to do a
little more, that is^ to declare upon what prin>
eiples ibis convention existed. Now mark the
firuiriple^, and do yonr country justice ; apply
Fo much of lilt" i^liM iA;tiuinv that T huve TOadfe
to you, as a to what
I have hel ±ty con
nrxion between the i nd practice of
M r. Pai ne, ai*d of th< ^
Gc4itlemen, these^ pnut iples brought toge^
ther the French Convention — wliiit is ibe
practice then, that tlous out ut tlie pnnciple?
Why, it is the assembling of a cunvcntiou
iipoQ principles obliging it to sit tor tlie pur-
pose of declaring that the legislature shall do
jiotbing but what they liked : that is to all
intents and purposes a National Convention ;
if not a convention for an eternal retbrni, at
least a convention, that prohibits the legiisl^-
ture to do any thing but whrji^ i^i "^rt^able to
ibem- Then having met u . Mtion of
the practice^ they proceed u iy lu the
declaration of the principle— hut they do not
proceed to a declaration of the principle, till
they have done that strong and solemn act«
which I have staled : then they resolve ** that
a committee be appointed to dniw up a decla-
ration"— ^This is rnmcc cx;u:tly*— It is the
SkHJthw ark Society in 179^— " i * 'lion
ot the natural imprescriptible n m^
and that the fun - ^ ' - '- ' uudrcss
to the people of < a com^
tnittee of observe ii.ju, i.. ,. f,.t.-..
e^tctuating the purpose tli
Mod that they tx)|^l in a ]»Iii£t,
%vh^b M^^ €4U Cmtentim UaU^ uod^r Uic
name of the Brkhh Convention, and then they
arc informed tliat the London Corr'^^r^^^'lm.;
Society would undertake to be that
ot)observation, which, they say. on : t
—and then you will find thiir lin :ii, tnhrrt
meutioMed that they had thotr atiil> ut inrir
constituents in Ix^ndon, SheflSeld, Norwji;h,
Leeds, Sec. and that the convention waa to
look at itself as iu its true nature a CmnmiUt^
of the people— thai therefore it was necessary
to have, as they have in France. Primary
Societia, who shall be consulted — in othpr
wordsp that this committee of the people at
Edinburgh, which was to overniie the legis-
laliu'e, was itself to be overruled by tht*e Pri-
tnary SoiidUf^ these primary societies them-
selves being overruleo by the leaders of the
great clubs, from which they emanated, and
so forming in this country a govemraent,
under the power of a Jacobin Club, and that
government destroying the present eiistiDg
legislature of the kingdom*
You will also find that, before these persons
parted, Mr. Margarot communicated to hii
constituents the proceedings of this body,
which he styles always the Convcntian nf 1A4
PojpU associated to obtain annual parli4.-
ments and universal suffrage. There drf I ^
ters which I shall lay before you, wii'
detailing them, stating that they looked 14k
to the "London Corresponding i*ociety» and
the Society for Constitutional Information —
that their active exertions were necessary for
tlie accomplishing the projects, which they
sitting in Edinburgh wece to exeeute; and
•then the two delegates of the London Correv
ponding Society write to Mr. Hardy, as the
secretary of that society, an account of their
proceedings — they give him an aecount ot'
ti^at solemn mutton, and of the manner of
making it, which I have just been detaihug
to >ou — they state to him that they bad do*
terimned to a^ '' n convention in r
such cate^ tbu 1 i niment of the i
which is a cjiLuui-^Jhce I beg your 1
serious attention to, w^s left to a Sr«rr( <
mitiee; but then they send to him ai
count of tlic motion/ informing turn n
letter — that *• letlers convey but very in
fectJy, and with no great degree of t-Hfctv,
what we might wish to inform each other ut "
Now what do you think it is that thev do
not inform him of in tiiis letter? — IIrv ilu
nut inform huu in thi» letter, t»eeause hi
will not convey every thing safely— (At.j
rorifc< (" of tnvauou-^
thai ! iK)t be irusttMl
to t) I (. ;iUd !; '"^ "'
exist tifh wasni
t Committee Ijavin^ li^en ufw
uouitvd iu the Scutch V
DcjQff camiminkealed to i
patiOlug Hocic^ by th^^ ^ui^^u^h >^u wtii
UO] J^r High Treason.
\ . the (lelegntc
t] lY to tiie St>-
t: ,h, wiii nol bchmdhand in ihe
t it* itt he commufucates the
y: ' tlmt a secret com-
T; iti that soctetv. It
usit ihe wisely ex-
1 iLicy of thai country
-^.v . , , . L , , The dispersion of
Ukai < i, which, from what I have
btfore L_._: J you, was coaceived to be a
body limi 111 u St thrn do its work, or its work
ticve? \yo\\\d be dunc» Hiic:gvbted to ilic socic-
l country tlic necessity of under-
same business, of undertaking il
hnicjird, knowing that the project
thfn \m nccumjuiibed, or lljiil it
r t be attempted— fur that
Ti i permit «uch a conven-
tion a- '.I i< ]* ■ ,uire was
wdl> » n' nieans
t'^ — * TL mu L^Mi^n|ijences of
I. ;i convention,
V,-. t' ttierefore find^ that,
tfUr t r^ed, and after, in
«|li«<ji L L _ , -ion, some of them
llAl boTD punched m ^^coihind, by sentences
vfeleh were pronounced upon offences, nol
Utted m the rrcordt> of that court tti so aggra-
fited a Wiiy ^^ainst ihrm tis thry mi.^ht, in
~~ hur. ' ■ ' ' :it It
bt , uia
- Ulccn itumeduleJy lu pievt^ut Uic mischief
«bkb waa meditated ; ror you will find, in
the IS vide nee, pru, - in these societies
•Ikout a rcicuc, iled; but you will
f'l ' ' ** -ir toirt^juiHicucc from Scotland,
a; fTespondcncc (f*nn those &hips in
r. .,11: . w,,,>,[t (Convention
iftion of their
t mvilalions
l» <la soum lUry, to
btfb foa^t: uid, the
MRiC1|:> '►^^t uiicquivocLii tiicli rations
by boti -» that thc*>e htruii^ acts must
btiam*.
GcntJemm, ymi will find tliat before ihcy
kH Scoilaoil, upon the 11th of December,
ItW, there is a letter from Mr. Marg^rot to
lln Uftrd V to this effet f ' ' ^ received your
IcQef umi remittance and shall be
||id 10 reed- ' -1 *^ suLti ^vfiliout delay-
♦* The coil ' 'U will see has declared
fNmiiftu^i'i, .^icy are to sit in some
yut of Ihe country, which is not yet
GcotleiDr ' nclair, the delegate of
llwCiOQidtLi tcty, came lo London.
I tm^ litlbf^ observed lo you, from a letter
9i Goriild *' wisnA Margarot, that there were
Mas ibiiig^ that could not safely be conveyed
Inr ktter. Margtrol writes a letter from
Aiiiburgh to lb' I he says
*^ II T coll«tgu [OSes to
kivie tm pUce the uucr enn ui trus, or the
f 3t» la# toH viti^, Vol* Sd» p* 8a:».
A. D. ITOf.
[350
va»ci
Hun,** U*^ ii^
mn bdbr c
c; of the next week: he will explain
LU you: pray send him money for
UiLs joiirney. Arc. lie is now gone to Perth
on very urgent business. Since Sintbir's
departure nothing new has occuned, except
the formation of a society somewhere about
the Grampitin Hills"' — this shows the spirit
of fraternizatiun— ** they have already made
a s?ub$cription towanls it t again we aic m-
terrupted, and likely to lose the post, unless
I disputch this immediately,"
If poll the 2*td of December 1793, another
letter is written to Mr. Hardy bv the same
gentleman, which probtibiy led m some de-
gree, to the transactions that I havtr to state
as having passed in January 1794 ; for, aAer
stating what had happened to himself itt
Scotland, he says — *» .ShetBeld has on this
occasion exhibited s, most manly spirit*' —
1 he Shcflield Society Imd at that time sent
out some excessively strong resolutions,
which I shall mvc you in evidence in the
course of lhu« business — ^** 1 am extremely
mortified to hnd so great adiO'-^'^f-n-^' i^^^^—- f,
them auil the London CorrtSf ^ ;
tt IS nut however too late. 1^ i . _i,.e
send f'irth some very strong resolutions, and
above all, talk of impcachment5^ and of
petitioning the king to remove from their
offices those persons who have thus violated
the laws of the realm/'
You mil find from a letter of the 54th of
December, that Margarol, a delegate of the
l>ondon Society, a delegate of Norwich, and
a Mr. Brown, who was the delegate ftxtm
Shclhcld, had gone to attend a general meet-
ing of the Society of the Friends of Freedom
in £ast Lothian, and then the expression is —
" The time « come that b»c muftt show our selves
worthy vf iifrertt/f or de$erv€tiiy hie it. The
opposition of our adversaries ts demonstra-
tion of the propriety and efficacy of the means
which we have employed to obtain it."
Upon the 97 th oi^ December 1793,
will tind Mr. Margarot states that Mr. *
Ttild was ^oe to Perth ; that he himself hi
been in East Lothian ; that they Irad beeti^
well employed; that they must send out spi
rited resolutions; and you will find, thAt, upon
the 1 1th of Januarj' 1?94> Mr. Hardy wntes
a letter to Norwich relative to the proceedings
I have now been staling, the Constitutional
Society first, and the London Correspond mg
Society afterwards, having in their public ucts
approved every thing that this conventioii
had done. Mr. ILinlv's letter runs thus:
" I have ju- a letter from citizen;
Mar^rotj at 1 *, with some of the
EdiTibirrgh Ga»tftict:r», where you will see
that citizen Skirving is founcf guilty, and
sentenced for fourteen years transnortalion
to Botany Bay* Margarot's trial comes
next; he meets it with great firmness and
resolution^ I have no lime to make nit
comments on the t ' : 'ut I thmk
our opponents are u n thmu
as fast as ibey csu^-^i^vfv m i/<c mimc jW
m
851]
35 GEORGE III.
Trial of Thomas Hardy
[352
do something tcorthif of men : the brave de-
fenden of iiitcrty^ south of the English channel^
tire icfforming wouders^ driving their enemies
before them like chaff before the whirlwind.
Alargarot tells me that he has not time to
write to you jujit now, hut he hopes to have
time very soon, when his trial is over, and
immured in a prison. The London Corres-
ponding Society is to have a general meeting,
and an anniversary dinner on Monday the
UOth instant, at the Globe tavern. Strand."
Gentlemen, you will find that Mr. Mar-
g^rot, this delegate, with whom Mr. Hardy is
thus in correspondence, writes to the Nor-
wich United Societies — <' This morning ten
ships of war have iet\ Spithead for the
cliannel; and it is here reported, that the
Brest fleet is out. Rumour, always magni-
fying things, says there are seventy sail of
the Trench at sea; if ^o, there must be a
number of transports among thcm^ and a descent
may probabh/ he the consequence— ^for God's
Make, mv rvorthif friends, do not relax in the
cause ojfreedmny — Now what connexion had
a descent with the cause of freedum? —
*' Continue as you have begun ; consolidate
your own societies — unite with others —
persevere, and make no doubt, but, sooner or
later, your endeavours will be crowned with
success."
Gentlemen, I come now to state to you
the proceedings of the year 1794, as far as
they depend upon written evidence ; and it
must be a satisfaction to the mind of every
man who hears me, that, in the course of
this business, whatever observations may
arise upon the ])arol evidence that will be
given you, I think you will find so strong a
confirmation of all you are to hear in the
written evidence that is to be laid before you,
that these observations cannot possibly mis-
lead you from coming to the true conchision
upon the whole of the evidence, whatever
tnat may be.
Gentlemen, the Constitutional Society,
having sent their deleir:ite to the Scotch Con-
vention, you will fnut that, at a meeting of
the 17th of January 1791, the following reso-
lutions were come to, to which 1 must desire
your particular attention, more especially as
there are some circumstiinces belonging to
the composition of those resolutions," which
appear to me to be worthy of attention. I
have before told you that these resolutions
were usually drawn from minutes — the ori-
ginal minutes still exist, and perhaps they
show that discretion, with which men arc
sometimes able to state, in diHerent ways,
precisely the same thing: I say, that these
resolutions of the 17th of January 1794, were
meant to excite the subjects of this country
to resistance.
^ llesolved, That law ceases to be au ob-
ject of obedience, whenever it becomes an
instnnnent of oppression.
**. Resolved, That we recall to mind, with
the deepofti satisfaction, the merited fate of
the infamous JefTories, once lord chief ju»-
tice of England, who, at the era of the glo-
rious revolution, fur the many iniquitous sen-
tences which he had passed, was torn to
pieces by a brave and injured people." This
is applied to the judges of Scotland, who exe-
cutea the law upon such facts as I have
been stating.—" That those who imitate his
example deserve his fate*'— this sort of inti-
mation might have a tendency, I hope it had
not, to put in any peril those who did, in the
regular course, and in tlie due ccnu-s^ of
their judicial duties, piiss those sentences, to
which these resolutions allude.
*' That the Tweed, thoush it may divide
countries, ought not, and does not, make a
separation between those principles of com-
mon severity in which Englishmen and
Scotchmen are equally interested; that in-
justice in Scotland is* injustice in England ;
and that the safety of Englishmen is endaoi-
gered, whenever their brelliren in Scotland,
for a conduct which entitles them to the
approbation oi'all svt.ve, and the .support of all
brave men, arc sentenced to Botany Say,' a
punishment hitherto intiicted only on felons^
"That we see with regret, but we see
without fear, that the period is fast approach-
ing when the hbcrties of Britons" — this was
in January — " nmst depend, not upon reason,
to which they have long appealed, nor on
their powers of expressing' u, but on their
firm and undaunted resolution to oppose
tyranny by the same means by which it is
exercised." Now what is the tyranny? The
exercise of the regular government of the
Country. What is the means by which it is
exercised? The application of the force of
the country in support of the government of
the country. What is this resolution then ^
Why, thai the means which the government
takes in the regular exercise of its functions,
ought now to be resisted — "• \Vc sec it witli
re";ret, but do not see it with any fear."
That a breach of allegiance was contem-
plated you can have no doubt, for you will
see in the original of this that it stood thus :
that, " as allegiance and protection arc reci-
procal, law ceases to be an object of obedi-
ence, whenever it becomes an instrument of
oppression." — Couple that, as it stood origi-
nally, with the third resolution, and what is
it? Why, it is—that the protection, which
was due trom him to whom allegiance is due-,
has not been afforded : therefore allegiance is
no Ioniser due. " We see with regret, but we
see without fear, that the period is fast ap-
proaching, when the liberties of Britons must
depend, not upon reason, to whidi they have
long appeided, nor on their powers of ek'pres-
in^1t, but on their firm and undauatecT "reso-
lution to oppose tyranny by the same ineana
by which ii is exercised."
Vou will also find that it stood, " that Eng-
lishmen feel the oppression of Scotchmen,
which tlicy are determined to resist at the
hazard of tlieir lives."— You will find the last
\
K
\
\
\
\
R^ in the mindtcft, compjiring the se-
^ rtpff^rntalWcs of this cciuntrv, in irie
lllNB^t nofift, with this com'cnliciQ in
fcoiki i* funvcnlion in Sroiland had
tUtfl) uptifj jt'^'eir lo resolve u|>on resislance
ioe^cit II motion, in rither House of Psirlia-
Ineiii of lliid eoutitry, in Uit^ execution of their
4lllty, thu» :
M Tf,.,f „,.. ^r^.. vt of ib« conduct of the
J who, thufi^h iissailed by
tt*,^^, rnnwere^y arguments,
and V rnbers of a certain
iiL . 'I distinct from the
911 body or the ywupic*' — The words ori*
itoud — who ** being the incorrupt re-
iniwfttny thonmndsj have spoken
CiltliMHlgt'el' truth and fknTine^s.*' Can I
fBliLetnifi court the instnunent of conveying
te fhe f>iibJie, what I confess I do most anxi-
ti ■ it the in llru men! of con-
> , as far a* it is ill, in the
CTtcnnjr.'U ot trie duty that I am now dis*
din^ti^ that they may imderstand \vhat it
IraenjWhen they are scattering thc^e
I ihrciiigh the country, mean — " this con-
on, assailed by force, iiave not been ans-
' bj fcrguments** — How was it possible
10 answer Ihose by arguments, who were cum-
log lo Mlernn and sacred re^ohitions^ which
' dkl not even dart to put upon the face of
r aim tainutes ? How were we lo answer
: by «fgitmcrnt, who were working under
till they had Itlown up the govern-
^^ y ami then *>^y, you cannot point out that
^M hvit been acluig ill, Wcause we will not
tell you haw wc Imvc been acting ?
U|ioa the 16 lb, Mr. Margarot writes again,
liMtliig Ih^m Co punme what ^rt of conduct
tbMpTem&€.
'Aeo Ihcrc ia a letter of some importance
f#tbetllth of January, which is written to
Ite per«OD who stands at the bar—" We have
Jyat rtctrred notice from the sherilFto hold our-
iriwi wmdy to depart at an hour's warning %
«• go bjr night ; we imagine to Newgate ;
look out fbriu/'
G^Otkinen, yoo will likewise find a ktter
hvm Mr* Margarot to Mr. Hardy, of great con-
wm^mmoLf aa it explains many of the passages
kl tlicevulence between the ^Oth of January
17Mp «od the time that those persons were
■yytAiiJidcd. Margarot writes from Edin-
bui^ io this mamier ? — '* amied associations
^Bpji percTT* r -— - ' t m foot by the rich;
puof do the same?
'Aiayo** ." ".^'4 , -i "i^Jb lilJ twenty thou-
1 Bowfifi and Uanovcrmns come to cut
___ I? And will you stretch forth
ni<Ji* i «* to the butcher's knife,
■ad« likjt • ontent yourselves with
MtMSf^ Pray if* t me hear from vou soon.
HaneaWr tnr to Moffnt^ Muir, and Palmer,
G^alfefiiciiv \ > uth of January t?^,
tlMtnt wac a ri! the Globe tavern;
tbii niei^tit]^* V I will permit me lo
ihggf I ' ' ~ * Taetaioued in im letter of the
YC
lUh of January 17^4, which I before havd
spoken of, when he aakl the London Corres^
ponding Society were to have, a g^cncral
mcf iui.», and an anniversary dmner. Gcn»
tlemen, the proceedings of that day will de-
serve your very particular attention.
** At a general meeting of the London Cor-
responding Society, held al the Globe tjivcrn,
Strand, on Monday the -joth day of January
1794, citi«en John Martin in the chair,**—
when I state this to you, I oug^ht to say that I
shall prove the prt*>oner to have In-eri present,
of to have teen connected with all the Irana-
actions that I have been stating — ** the fol-
low ing address to the people ti\' Great Britain
and Ireland, was read and agreed to : citizens.
We find the imlioo involved in a war, by
which, in the course of one campaign, in^
nrense numbers of our countrymen have beea
sbughtered ; a vast expense has been incur-
red; our trade, commerce, and manufactoriet
are almost destroyed ; and many of our mi^
nufacturers and artists are ruined, and their
families starving,
" To add lo our affliction, we have reason
to expect that other taxes will soon he added
to the intolerable load of imposts and imposi-
tions, with which we are already overwhelm-
efl, for the purpose of defi*aying the crxpenses
which have been inairred iu a fruitless cru*
sade, to re-establish the odiinis despotism of
France,
** When wc contemplate the principles of
this vTaf, we confess ourselves to be unable to
approve of it as a measure cither of justice or
discretion ; atKi^ if we are to form our calctl-
latton of the result, from what has already
passed, we can only look forward lo defeat,
and the eternal disgrace of the British name,
" While we arc thus engai^ed iu an expen-
sive aT«l ruinous foreign war, out state at
home is not less deplorable.
« We are every day told by those persons
who are interested in supnorting the corrup-
tion list, and an innumeraule ho*it of sinecure
placemen, that the constitution o! Enaland is
the perfection of human wisdom ; that out
laws (wc should rather say then* laws) are ih*
perfection of justice; and that tlieir ^iduiinia-
tration of those laws is so impartial and so
ready, as to afford an equal ren»cdy both to
the rich and to the poor, by means of which
we are said to be placed in a state of absolute
freedom *' The paper then goes on and rea-
sons upon the state of the law in this country,
under an cipoaition of Magna Charfa, which
gives as nearly the true meaning of it as a
man %vould give, who had never seen it.
*• If we look to Ireland, we find that ac-
knowledged privilege of the people to meet
for the support and protection of their rights
and liberties, is attempted by terror to be
taken away, by a late infamous act of parlia-
ment,**— T* hat was an act to prevent conver>-
tion by delegates wrth dangcroi^ objects. —
*' Whdsl tides of honour— no— but of disho-
nouf, are lavished, and uei? nonuo^iAi
l A
S5 GEORGE HI.
uplion openei) to gratify the greedy proslitih
an oflliose who are the instiiuiieiiu of this
Ill ScotJand, the wicked hand of power
Iliaa been impudenily exerted without even
the wretched (ormar»ty of aii act of parha-
Qcnt." — A piece of parchment justice they
Lcall an act, to the coiiveutioa of Scotland,—
p* MagiatiBles have fun ibiy tutruded into the
fcaceniJ and lawful inec lings of freemen^ and
_ y force (not only without law, but against
"aw) liave, under colour of magisterial office,
ntcrrupted their deliberaUODd, and prevented
Iheir association,
'* The wisdom and good conduct of the
^ritii>h Convention in E(haburgh lias been
jiioh, as to defy their bitterest enemies to
^a^ic the law which they have liroken; not-
>itit standing whichf theur papers have been
(jieixed ^d made u£»c of as evidence against
/lliem, and many virtuous and meritorioufi in-
Jjdivjdimb have been, as cmeUy as unjustly,
'or their virtuous actions, dbgraced and de^
Kroyed by infamous and illegal sentences of
(transportation ; and these unjust and wicked
Huilgmenls have been executed with a rancour
[.and malignity never before known in this
yiand ; our respectable and beloved fellow
citizens have been cast fettered into dungeons,
l^amongst felons in tbe hulks, to which they
vert! not sentenceth
** Citizens, we all approve the sentiments,
nd ara daily repealing the words for which
[ittieseour respectable and valuable brethren
1 thus, unjustly and inhumanly, 9ufferin|| ;
Y^c do associate" — mark tlie expression— *'m
'er to obtam a fair, tree, and fuU reprc sen-
Illation of the people in a house of real national
eprf- ," — Now, did the convention
%X I A . ilien associate for the purpose
» obtain a lair, free, and full representation
fof the people in a house of real national re-
presi. ' ' r 'J, they associated to
utm cp££sentativcs upon
kiii* \ I.U lilt > were, as Mr. Skirving
dl> ' people in Scotland, that they^
fiy^Qtt : a,;uul to associate tb'^n^^t i-fs
vith sucit'Ucs in Englaiodj and ih.
Itatc ofatliluilitin and a?iM>ci:ili ois _^ j.
k^aveuii*.' from
clcjpitH tri tljc
opl*'— ' — w hy , io uj tv i IAS an a^
embly, w mbly wu% to roulrol th«
i^opcratimib vl Liaiiuuicnl itrtiaiiiatit»
\wliich uiu^t be tlie rc^ cs of th*
mons of the nation ; ui^ c \ j i « s^ioo, whicti^
wa>% tlMiy never ui^l, adopting }BCt»-
im|H)rt, " ttcal Na-
.., ... ..... ,...,...j^UAbetr«ai«ilasf«locta
cUutuinS tbia irar uabetf*! right f wbidi
^ ani detarniiMd Mf ft tt^ lon^zu but «llli
' li*t$H aiHl whkh u^
Trial qfThomai Hardy
[S50
'jffl
intluenoe, which at tbl^ time d^ntineera ill
Ireland, Scotland, and Ent^land*. r ^n vr.ii \^^
lieve thai ihosc, who send virtue ,»^
and Scotchmen, fettered with tcJt ■ \lo*
tany Bay, do out meditate, and wdi nui at*
tempt to seize the &rst moment^ to srnd ua
after thetn ; or if we had not just cause to
apprehend the same inhuman treatment, if^
instead of the most iramineot diin^er, wo
were in perfect safety from it, shoulrl we nol
disdain to enjoy any liberty or pri • mU
ever in which our honest Irish b
brethpen did not'equally and a£ tLniy p;4ruc^
pate with us ? Their cau^e tlicn, and ours, ia
the same, and it is both our duty and oux in-
terest to stand or fall together/'
Gcutlcraen, recollect the expi>ession« that
I read to you from Skirving's k tt^r : ** will
you wait till barracks arc erected hi every
vitiate, and tdl sub^dized Hessians and llao*
overians are upon us?" You will now see
from the proceodines 1 am stating to you, thai
the time kqs c*v/»c, that they were not only vtrm
tuouM but couragfoui enough to do an act,
which m 1799 and 1793, though they wei8
virtuous enough to do^ they were not coti*
rageous enough to do.
** You may a»k perhaps, by w! " aj
shall we seek redress? We ans>vi it a
in a state of civilized society, sktt: iiiuiiin«j to
seek redress of the grievances from the lawSf
as long aa any redress can be obtiuned by the
laws; but our common master, wh«m we
serve (whose law is a law of lilitru ami
whose service is perfect freedom i jl»t
us not to expect to gather grapes ! 'n%
or figs from thistles : we muU intxm rcdreu
from uur tmm tuwt" — Were they to be a con-
vention of the people, then, without makirtt
laws? They approve the whole rotkluct oT
the British Convention, that would not ted
others make laws, and yet were they not la
make laws i
** We must have redrtufrom our mpm lam$Jf
and not from otliec laws ;»— the hiwi» ofQrmM
Brtt^LiQare thus described, — ** Mf Uw^ ^ owr
piundertn^ em€mu$f and pp^rmmn t'* \u^
if the legislature oif their country were
plunderers, enemies^ and opcrf^sora, in i
notions, it would be vi ii to Mipp
that they were to hat'c i i um tlic J
of that' .'; but then it follow^
course, i i^eant to have redrt aa irom
la^' cr body, that bail mkf
tl^ lud what Ihniottifr
bi sheydelcf*
tt»i lo jmy^ wb»
esii MUM \\ 4MJI. i ucy gvi on u^roio SUTf.
** Tbetv 14 no rcdreaa lor a iiatioa opqi
ilaoced aa wr -- ^ ■ ♦ \t% 4 fair, f«e, wuM
repcvieosatii. people.**— N«
li^Timl mk^ __, lijya fiMr,fuil,Knd
\MSimM9» itic p««fle, 001 I
«tcw fdicm ^ at tbt
.«i u^«p(uv«trft^ Briliafal iMii^oUCfty
357]
^r High Tremm*
A. D. 1794.
[^58^
fnkfi to unite the two nations of England and
Scotkod, to be a British Convention fonned
by delegates tVoni the different societies in
this cotmtrVt and prorcsaing to act as a con-
vention of the people ; I say, th:U it ii that *;><;-
ciu ofcoaveniion^ which, in iheir opinion was
^ fair, frte^ 4tnd full rcpreserUaiion of the pto-
pte^ in which, and which alone, they hoped
for thai redress, which they could licit hupe
for from the parliament of Great Britain,
those,who were llieir phiadercrSjtheir enemies,
and oppressors. Could it be possible for them
to suppose, ihat they could make parliament
the willing or unwilling ort^an of bringing
about tliis representation of the people to
subsiH bv annua i ^nflrage and universal re-
pfesenlalmn? Could it have entered into
their imagination ttiai those whom they call
Ifoeh* pJunderers, enemies, and oppressors,
would ever become the voluntary or involun-
tary inMrument of doing that which was the
object ot all these societies, from March 1791,
tili they w^rc checked iathe^execuiioxi of their
purposes f
Then follows a resolution that will require
likewi J your very purticuiar attention: ** Re-
solved, That dttntig the ensuing session of
ptirliameiit the general committee of this so-
^p^. .1 , ....-♦ 1 /,|y^ for i)^^ purpose of watch-
iriL _>ofthc parhamenl and of
Ibt „- . -..,...11 of the government of this
cxjuntT}'/* 1 his was to be pubiished •. they do
not the re fore venture to insert totidtm virbia
tb&t resolution, which I have stated to you
was so solemnly made, and so sacredly sworn
to in the Scotch Convention, but they resolve
-4—" that upon the first introduction of any bill
or motion- inimical to the liberties of the peo*
nle, sjichas for lauding foreign troops in €Jreat
Britain or Ireland, for iJU5{)eudiiig the Habeas
Corpus at (; fur proclaiming marttal bw, or for
prr _ Vhc people from meeting in socic-
tit luttonal informalion" — Wlyit the
mttiijjiit4 ui ihc term conttUutional is we can
judge by this time— that upon any express mo-
ttonof this natui^, *^ or any other innovutmi
^ a timiiur nature ; that on any of these
omergcscies the general committee shall issue
summonses to the delegates ofeach division,
and also to the secretaries of the dil!erent so»
cieties afHliated and corresponding with ill is
society, forlhwith to call a gtntral conventiiin
a^'ihe pfopttt to be held at such place, and in
stich a manner, as shaH be specified in the
idnimons, for the purpose of taking such mea-
idbres iJilo their consideration/' They omit
'jhettie of invasion in this puUicaiiou. But
C^riHHl'this, sup|>osing nothing had passed in
fldblteid of what 1 have stated to you ? What I
It the legislature, is the rule aod government
m this great country reduced to this state,
ihattl shall find no protcclion in the admi-
' itration of the law of the coimlry agamst
jions, associating and a^liating themselves
I' the purposes which they declare here?
fs no motion to be made in parliament for
aitjr purpose, which tlieso t^ocieties chuo^ to
compreflcnd imder the terms ** anyother inno-
vation," without explaining what it means f'
but what? but that bodies of men are le^j
come together, claimino; to themselves tho
civil and political authority, which enlists in
the natural and physical qualities of the peo-*
pie, and then to contend ihat they have got av
cmtvtntion of the people 1?
Now, do they convene the people? In faet^ '
it will be said, nothing like it. But they call
themselves a convention of the people in tho
very terms that they use; the summonses'
arc lo go to tlie delegates of each meeting,
and also the secretaries of the diiJerent socie-
ties corresponding with this society, and n©
w here else. For what purpose ? To cull m' 1
flfeneral convention of ike people ! Then, what
18 the meaning of all that, taking it with its
conleit? It IS ibis; from your kws — tlie
laws of you, our plunderers, enemies, and op-
pressors— we can expect no relief : we do not
mean to come to you for any? but we will-'
watch you, and if you dare to propose an in*
novation of any sort, we shall call ^falr.frte^
and full repraentatioH of the people. Com-'
posed pray how ? By delegates from our so-'
cipties, lo seek, as a general convention of the
people, redress from our own laws. It ap-
pears to me thai the reasoning upon this paper
IS so whole and intire, that it is out of the
power of human ingenuity to touch it.
Then they resolve, " Tliat a hundred thou-
sand copies of the Address to the people of-
Great Britain and Ireland shall be printed.*'
Then they follow this up wilh the publication
uf a ^real many tt^asts ; and really^ when one
mentions such a thing as toasts in the trial of
a great national cause, such as this undoubt-
cffly is, one is afraid of its sinking into insi^
niticance ; and yet this is a great feature m
this cause. You will find thai previously lo one
of the most seditious meetinjjs which was ever
held in this country, it was Uiought of impor-
tance enough that they should meet once,
twice, or thrice, in committees, in order to
frame toasts, which were best calculated to
inflame their minds,andto urge those forward-
who were alreaflv engaged in these projects— >
** The Bights of^Man :''— " The British Con^
venlion ;" — " Success to the arras of freedom, ^
against whomsoever directed." This is during
the war — against whom were the arms of free--
dom directed, in the opinion of these persons f
TYou remember they said that *' the elector of
\ Han over may join his troops to traitors and
h^bbcrs; but the king of ( ireat Briuin will
do well lo remembcrthat this country is not
Hanover : should he forget the distinction^
we will not." They corresponded with tha
French in October j and m November 1792^
they state to you, that Uie prmciples of their
resolutions are those upon which they meant
to act — that Great Britain was now engaged
in a war — which they condemoed — in which
the arms of freedom, as they said, had never
been engaged on the part of Great &v\\2\\w«
Then iliQ ma^^XiXXk^ ^ \iv& \o^\ v& o^:lk^^!
n
55 GBOKGE III.
Triai ofTkomai Hardy
[560
inoiUer toast was — "The virtuous and spi-
iled citizens now jo cooiiiicmcDt fur mAtiers
l|l^'o|unioii/' Nuwr, these maUer* of opinion
wtLi^ ull done in the Igtisf ti^stue and detail
IjDf a con!>pirucy to ^uhveri the munarchlc&t go-
Vvcniment of this country, under its present
I legal |)n>vii)ions and Uniitaljon^.
\ The Di&nie of Mr. Ffo^t being mentioned —
V% meaia htm no disrespect in saving this—but
111 IB lo IIr' purpose of this bn^siness to take
Ifiotice of it — that gentleman waj* prosecuted
lio this counlrj' for this doctrine — ** No king,
tt^onc m En|;Jand» 1 am lor liberty and^quality
kftvcry whore/' VVliat was I he consequence
' that? 1 he judgment of the law of England
^lipon him was, that he was guilty of an of-
I fence : he was punished : he has suffered that
jlMUjiishntetit, and made an atonemetit to the
Liiw : hta these gentlemen, who sent Mr.
[Frost with Mr Barlow, to state such doctrine
t0 France, and bring t^tich doctrine back from
PramCy you will find that they have a formal
[•pcsolutinn that they wiil sustain this Mr Frost
fu all hi«« persecutions and proi»ecutioris. Doca
itltat mean nolhinj^ ? If Mr. Frost is perse-
^Auli'd int holding doctrines in ihe country,
phich were to put the king out of the system,
\i» it no evidence o( mtenlion with respect lo
wl^o engjg;ed m such projects ^a» I have
mioncdt that ibey do come to a resolution,
»hith tiiey declare that the law, nncstion-
IfDg the propriety uf dc€larati(in!< of that kind
lainotjints to a persecutiuii, and that he ought to
|i)e susUiined against it?
Gentlcnieni you will hear from witnesses,
irho were present, what X\\c proceedings on
I Ihe ^Oth of January, and the general com-
Iplcxion and n^iture of thf m were« Mr. Mar-
itin bcnig m tliechsiir, and Mr. Hardy being
en!, \«ho was a member of both these so-
», an attending member tn both of them^
I give yuvi Martin'*^ account of the pro-
^iseeding on the '2'id K^i January 1794, in a
k^lf'ttf r m his own hand-writing, t>ent to Wau-
T irottatKdinburgh, hTio had advii^ed
l\ ri collet t, the Loutlon Corresponding
^fioacty tocome toijume strong resolutions —
vho tiad urged that nmn t» ihttime, that two
ikit m Scodand icoutti do the buiineUf pro*
rkled thev did their duty in England.
*• My dear sir, 1 dare say you think I have
^forgot you frutu my n<*t having written to
IlVou^ but you know my sentiment:) so well that
ut was unneces^ry for me, and would |vroba-i
*Jy have been improper to say much on the
ubject of your n)ii>»ion^' — then he states
pmcthing about private business.
** \Vc Imd a mecttog on Monday, I was in
i chair — the newspaper Ogives our numbers
D, but we were nearer 1,500: every thnig
rwi 11 ruiKkx ted. tliul is to MiV rtL'uliirlv.
who opposed the subscription at fir^t^ ore now
putiijig their hands to the very bottotn of their
pockets, and swear by God you shall be sup-
portc^i With the last guinea— we must have
another general meeting in a chapel, or some
large place, and declare the purpose of a sub-
scription, and 1 ihiuk we shall get plenty of
the needful Jbr that and other pur(>os€s« U«ve
yon read my letter to lord ? do you
mclinc to try the writ of error? what do the
Scotch lawyers think of it, and what do you
thjuk ol'the legal knowledge of my country-
men f I firmly' believe that the law t« Uia
only science, of which they know nothing.
** Tlic king went yesterday to meet Mm ptr-
liamf-nl" — so now wc have got no parhimtnt
«jf ours, the people ofthis country—** Ihcy aat
till sik u*c lock this morning: the papers are
not out, but I am told only twelve membcrft
were for peace: I am glad the minister luisso
great a majority wilhm doors for ihe war,
and that the people have a greater majorlly
without doors against the war : the swinisn
rogues had the impudence lo wnte * No war*
on all the doors and corners of the Houses of
Lords and Commons, and thc^ had even liie
audacity lo groan and hiss^ while his most s^
cred majesty wa<i passing to and from the House
— nay 1 am told, a woman, moved and se-
duced by the mstigation of the devil, and
traitorously intending, &c. did in St. Jamet^s
Park take otl'her patten, and threw it with all
her force at his majesty, wherebv the gla^ of
the state couch was broken, and his m^esty
put in fear : God save the king, for if, &ic. —
as Gerrald says" — there he leaves it.
*' The society is increasing raj^idly, both m
spirit and in numbers, and the rich now begla
lo come among us, and to sit down with ploa^
bure among the liooest nien with the leathem
aprons,
" I could write to you strange thing% but 1
know not but this may be read by somebody
before it comes to your hands.''
Gentlemen, ailer this had passed, you will
find that that letter was wriiitn hv the Cor-
responding Society to «i ti-
tutional lulurmatiton (u i i m rted
to you) upon the 27th ot March i r^, and now
with your leave, I will re^id a part of it to
you again,
** I am directed by the London Cf>rrfs|iotid-
ing Society to transmil the follow i , Jvj-
tioos to the vxictv for Coosltttii ur-
mation/' i should tell yoiifir%(,
of time, that the society for Co
Informa" •" -•■^^ nr*'-* -'r'- if—
the Lou
OfjHH,
be .
^'ivf*^ universal approba-
boUi, Ihutt, ikie
riety ha V in J! htH'
poctiof
JkOitiiy
, ted th«
^project of a rOTivcntion stnXc^ in the address
i^f the London CorTc&pgndmg St'ciely of the
■\ the nature vi ihut couveutiuii b<;ing
LioQ (ri>m ihe aHiluicd fttjcielics^ to
Lldi^ u{>ou ihenittclveb Ibi^ character of n nm*
f^meniiifn *>t^hif peofth', U ^uuij he surprising
' utioij, whuh tbey bpcttkui
\\ sliould U; a convention
from thai w h ic 1 1 r h uy h a< I
iiic '*'Olh .tntl 2Hb of J;i-
^y — Atiu v^iu* ilittt obscrvalion I conic
r^iLAin to this letter ol the 2nh of March.
I *n» *hr*-#lc(J hv the 1 r^f^i^ttn rnri*sm.li(U
ing " tr&iismil r
I tioi)^ L- ll-' r^.^ciely tVir t ;;:..',.,,■...'. . -
^ Jliaiion^ and to request the senUnients ut that
) society rc^^pecrins the iraportdnt n^fa-^urcs
luclureofuflrairs &ee»u& lo
i . Jon Corresponding Sociely
ihut the, moment is arrivtd''—-
It the ypars 1791, 1792, and 1793,
I ; s ijoi arrived— *• when a
i.ifalion i» necessary from
i'[ irecdom— whether the late
iiearU-of proseculiDiis and seri-
iti.i< I ermine us to abandon our
lo u5 lo pursue a radical re-
.^„ ..u., ur proportioned lo the mag-
Lhc object, and with a leal as di.Htin-
11 our luris. ^s ihe treachery of
L I i&e is notorious,
1 f I information is
lli/rciequireti to (ictctitiine whether or na
vWl be ready, when called upon, to act
riion with this and other societies, lo
fair representation of tlic people,
Mir vvilh us in seeing the
iy convention for the pur-
' ilional and legal
iievances under
ill in r 11 I M MinHjr .
Now, in titv lirsl pkcc, with respcet to the
nl^ .* ,,.*v.i,i,,i,otial iind legal method,**
not much to claim upon
it 11 nd tbrce of the words
/ metkod" which ap-
r transactions of the
, il*/i and tri>3, and more particularly
Ji the tntnviciionsof 1793, as they ap-
* onvenUon, in Scotland, lo
nt with the existence of a
a character as that had;
!>ui po!>e to have a con v en-
> iiumonses to affiliated
a to lake upon itself
1^ It is in vain that they
rttional raethotis : it
ihey mean to do, and
1^ not legal or consti-
, .. iL. _ uLlt, 1 apprehend, after
|)«&»«d, there can be no doubt what
by a convention : but it is not left
lird resolution they slate^
to be immediately a eon-
1 by delegates" — mark the
f lift. - (or th»t purpose from the
at iiuc4ruci of the frieJMb of Creedoxn,
A. a 1T94- {3G^
assembled in the various part^ofthis nation,"
Then heie is a convention of the same
character, of the »ame name, and the same
constitutioi), as that mentioned in the resolu-
tion of the JOth of January 1794* Now, to
whom is this proposed ? It is proposed to
that Constitutional Society, which had adopted
the addrL'ss of the soih of January 1794, and
which had also said, by approvine'lhat address
that they were of opinion that redres* was not
tu be obtained i)y the laws of England, but
that they were to have redress against their
opprei»!»urs^ plunderers, and enemies, by their
own laws— by that ftorl of repre$cnlaiion of
ihe people, which is formed by aconvetition of
tiie people, sumnioiuMl from those associated
societies. Then what follows upon it?—
thuugh the thing is couched in phrases that
arc a lililc ambiguous, yet no human being,
judging honestly, can doubt the meaning of
it ; it is, th^t there shall be this conven lion, to
act as"ii iiun of the people, with the
power ^ pie, having or claiming all
civil and pomu ni authonty.- Theprraoner if
sufficiently involved tftrea^ly, If such a conven-
tion never had been thought of; but then the
two societies form a committee of correspon-
dence and co-operalion for the purpose of
bringin;; together thnl convention, which they
had sai(j was tlie only mean by which Oritons
could enjoy their hbertves, or protect them-
selves against the le^timale government of
the cotmlry, including La it their pluKnicrcr*!,
enemies, and oppressors.
Gentlemen, when I lay this evidence be-
fore you, if I stopped here, 1 should br glatl
to learn why this is not a step taken for the
eiecntion of such a purpose as I have lieforc
stated-^ a step taken for constitulbig a htnly,.
or a step taken towards devising the rmans of
eonstituting a body which was, like the c^cm^
vention mentioned in the speech of Barrirr,
to supersede the legislature, to depose the
king, to suffer him to have no existence, but
what Ibcir good will and pleasure would
allow him, against the will, as the language uf
the indictment states it, and in defiarjcc of the
authority of the parliament — to depose the
king — for, if these people have the sovereign
power, and they must have the sovereign
power ujjon their own principles— the king of
England cannot have it in ihe manner in
which it is vested in him now. He wa??
bound to resist such a project as this : he owed
it to every good subject in his C43untry to
resi^ it— he was sworn to do it by the solemn
obligation of his coronation oath — you cannot
thereltire contemplate a case of his acting
otherwise — the kins; being hound lo re?iistancc
for the security oC itie subject, aod for the
sake of observmg his oaili, for the sake of
continuing to rei^n according to the terms 6i
that oath, accordmg to the statutes agrecii
u}Hjn in parliament SrSsembled, and the law^
and customs of the same.
But, gentlemen, I do not slop here t you
will im also that ibece wa& ^ is£/itVxtvi^ >x
363]
35 GEOllGE III.
Chalk Fann, the particulars of which I will
not state farther than to say, that, when they
arf read, you wili see that that meeting at
Chalk Farm was a step taken in the farther
proaecutiun of the functions of that committee
of co-operation — that it was a measure taken
for ^c express purpose of trying the temper
of the people, of seeing what ihcy could do by
Bumbcrs, That meetnig was held in April
a79*» and it is very romarkalde thai it appears
that there were meetings in other parts of this
kingdom ; more particularly it appears from a
letter, found in the possessionof this prisoner,
that, as there was a meeting in the open air at
Chalk I'arm, so there were meetings elsewhere
—it required vigilance— it required the inter-
position of some strong band, by parliament
or otherwise, to preserve you in the situation
in which you now arc: if it be the will of
these persons tliat you shall not remain in it^
it h at least the duty of those, who are to
watch over the country as long; as it can exist,
that it shall not be destroyed by any fault of
Hieirs : but you will find there were meetings
in the open air at I^eds, Wakefield, Huddcrs-
iield, Bradford, Birstal, and at various other
pkces. This project of a convention had
iHscn communicated to many parts of the
country, untl too many of them nad assented
to it; not only assented to it, but it will be
proved, that the prisoner senj. a circular letter
to the remotest parts of tins kingdom (which
I will now lead), for the purpose of assembling
this cunvention, for the purpose of carr^'ing
into effect the project uf Inis Hriiisb Conven-
tion, the body of which had been <lissipated,
but which was still carrying on its purposes by
measures precisely the same as thobc which
had existed in this part of the island.
You will find that the prisoner writes thb
circular letter to all those societies; and the
addressing this circular letter lo all the socie-
ties, shows that the convention that was to be
called was not to be a convention of the
people t ' ' ' ! I ites
aummo rlie
CnaraCtci mi ^ « tLitm cm uni vr i tur in-njur." —
** Tlic critical moment is arrived" — mark the
difference uf language; in 1793 the time u noi
yei come^ tuen are not virtuottf nor cattntgeous
enough ; in J 7 92 they txptxUd nothing from
parUwientt in 1793, they expected every
ikin^ffi^m the «oc itf^»V« m due time ; and now
tliey assert that (he due time is come^ that (he
/utnesiof time u come — " the critical momr^nt
is ftrrived, and Britons must either assert with
«!al and firmness their claims to liberty, or
yickl without rcsist^incc to tlie chains that
niinisterial usurpation is forgmg for them.
Yillyou oo<opcrute witli us in the only peaco-
measurc^' — a very peaceable meanife a
bearing lacuoa is tlic Kiog, Lords^ and Com-i
Trial of Thomoi Hardi^
mons of Great Britain — *^ which at prcseci
tramulcs on the rights and hbcrtir
people; our meetings cannot in 1
interrupted without tae previous ad iiu,
convention bill." A convention bill \ — ibii
shows the reason for iheir resolutions in Scot
land about permanent sittings, and the meet
ing of another British Convention, and fog
their language, which they held upon ih
20th of January 1794 ; ** a measure it is uu
duty to anticipate*'— mark these words—'* on
duty to anticipate, that the lies of union mn_ ^
be more firmly drawn, and the ^eiUimcnts'
and views of the different societies thnouiiUoui
the nation be compared" — What was thcii
object in this circular letter? if, when
British Convention in Edinbur]^h sat, the
had been a motion tor a convention bill in tl
parliament of Great Britain, why* their obje
was then, we perceive, that of being rea/ly i
an hour's warning; commuuic<ilmg to
parts of the kingdom to tl^eir delegates 1
solemn resolution, which bad been madei
the Britisli Convention upon the 6th ot
November; they were instantly, before the
project of such a bill could in pari tame.,
ripen out of notice of a motion into a bij
once read, to be assembled in Edinburgh *
prevent any such bill passing; they feolemnl«
vowed to each other, hand in hand, ; , !
ing up, to give the greater solenn
declaration, *' that the moment sikh ^ um :,
that was introduced into parliament, the
would resist it at the liazard of thr
Then what did they mean in tli
letter ? they meant thati while as;^^
expectation of a convenUon billn-
wbilc, as yet, no notice of such a n i ^ji
given or heard of in parliament — that u wa
their duty to anticipate what parliament migh
possibly think of. ilow to anticipate itf-
anlicipate it by means of a convention asitj
ing the character of a British Convention
the people, but delegated from these societie
to sit ntit at Edinburgh, but to sit at a plac^
as YOU will find, which they duri^t not name
and for the purpose of conducting this projo.
with moic security, as you find Dy this leltcij
to sit at a place that was to be kept secret, li
orrler that tlic purpotie might not be disap
fMiiuted, ** A measure," they proceed, sp
ing of a convention bill, ** it is our duty ^
anliiipale, that the tics of union may he moi
firmly drawn, and the seuUroenls "and viov ,
of the diftbreut societies throughout the natioC,
be compared, while it is yet m our power, so
as to ^lidc and direct the future opcnaions o4
the fnends of freedom. House tiien to on ~
exertion more, and let us sliow our cuniiciou
n^ss of this importjmt truth; i to 1
beaten down with threats, pre
'" — ' ■ ■ '" -vc arc unwuttJi
ne mtivl, komi-^
j.^ ... , and Austrian^
the idea ' > from ScotUtid ag^ti'
'» aw iitrc 1^ us, and if we lai»el^
cioud of thcj»c armed barbaria^ts
u. ^ ily be [Kiured iji upou uj/*
Jot Kgh Treason*
Tte imTOdiiftion of feick men into Ihi*
for the liumstne purpase of giving
V which ihtfy could not Dblairi
^ A ii.l»ip» is made the pretext oi'
1 '^ that •* Hessians ami
> among us, and, if wc
I; ' ' T^ '^ aniied barba-
f- rr Lit ui fortn
ih Lf r i.v tition ? they expre>sly stale it to be
* ^n cf the people, and a convention,
' assume controlling powers over
1 ure. " We have a central &iluii-
V ir view, which we hcUeve wo\ild be
I ' nienl lor the whole isbrnl, but
IT to mention (enlreuliDc; your
i^ js parlicular) till we hHVo the
u(cr ol*'^ — whom ? — ** of Ihe societie?, with
;h we are in torre?<pondenco/* What, is
\ I 1e? or of liic
3 r of a conven-
oi iric ^Knpicr '■ Let us have youf
er then**— Now, give mc leave to ubiservc
v-^.i.L 1 1... -- .TT'cl was lo being carried
- have your answer then
...::jest, earher, if possible,
LTOVC of the measure, and how
- you can send, with the nuni-
r possible, of your societies/*
iNcn^ this will be proved to you to
iTAvellcd as far as Strathavcn, to have
frrf'ived »herc, and delegates to have
m consequence "of the solicita-
:is in the Uritish Convention,
November 1793, this great
Nyt' L' lo'zether a body, which was
p«it un cno n ; " ' ■ existence of parlia-
it, wai^ to b i] by a secret coni-
ng'.(PtiaUon!*, iVsassemblinj;^
u'hich were lo bt? taken for it,
m milted to numbers, a secret
iiitlie wafi then [appointed. This letter
ii^v— *' fur the management of this bustncsa
[* tfd a secret committee: you
I* _ i.ir it is necessary lor )/gu to do
Gcntlcmcni the next proceedings were at
"* *'^ Farm, In these proceedings, it appears,
P had staled to the Society callecl ** the
bd$ of tiif» People,** this ineusure of a
ntjoti ; that measure the I riends nf the
pit V ! to agree in. You will fmd
agree ui that measure, at the
tiiik; .'k ^^iialk Farm, when it was staled
tliic Society of the Friends of the People
"1 not agree in it— indeed, agree in it they
I tiot — jou vrill find whal was the recep-
nvhich the communicatioD of that infor-
on met with — an universal Eroan from a
body of men. amcinnlinir» T beheve, to a
cmii« iti thoii^ r ibled.
Gcfillrm*^. ' of corrcspon-
4eBcr on, yi)u will hnd, met;
•« V re i^ in the hand-writing
i :t note, an ac-
! ticy met; that
cflc oMJtc nru >i'p* v^Wnuas the accomplish -
ment of their purposes, ^vas a comm\micatioii
of the corrci^pondences of live coinitry boi leties
lo tliose who wtrc lo be the delcg,ites of tl^
Constitutional bociety; but Iht: meeting wa9
brok*; up by tlie apprehension of t ^^f
and otlit^rs, whictj has led, as I Lt d^
to t^- ulion.
< .1 have before told yoii llat I
coiictiv^ ., ,u was competent for me, as indeed
I apprehend without question it is, afiei prov^
ing tiw f nnsiijrairy, tosb'^^v r^*- n induct of the
pei svere pari conspiracy,
m f e of tiic ' , ji when it le
proved. You will &nd that one of the persons
who attended the meetmg of the 20lh of
January 1794, and who was a very active
member of the London Co rres ponding Society,
and likewise one of the cotnmittee of cone^
poudcnce and co-operation, which I have
alluded to as the hnal act of this busini
give*i hiniaelf this accxjimlof the transacij*
of the 20lh of January 1794, and of other ci^
cumsUncesi this is Mr. Tbelwall.
*^ It is with infimte satisfaction tliat at last
I received a letter from you ; it was brought
tJiis morning by citizen Ix'C, and has been
delayed, I understand, this fortuighl at Ro-
thcrhithe by b>ome accident.
** 1 am too well acquainted with mankind
to be surprised, too much of a philosopher to
be angry at the abu-ic and misrepresentation
of mistaken men ; but 1 shall endeavour, as
I wiih lo preserve tlie eood opinion of a man
whom 1 remember with esteem, lo send you
such printed documents as will prove to you
that, instead of having deserted the cauie of
liberty, I have redoubled roy zeal, and that
there' is not at this lime in England a mar*
that goes bolder lengths, and exposes himself
to more danger, in the cause of liberty, thaa
myself. I have been for four or five months
past ahnost the sole labourer upon whom the
iatigue, the danger, and the exertions of the
London Corresponding Societies, the onl/
avowed Sans Culottes in the metropolis, have
rested ; and have been otherwise so active tn
the cause, as scarcely to tiavc passed a w^eek
without threats and conspiracies from the
goverimient and its purblind adherents.
Ever since the famous, or infamous, call il
which you will, proclamation ot November,
1792, I have been frequenting all pubUc
meetings where any thin^ could be done or
expected, have been urgmg and stimulating
high and low, and endeavouring to rally and
encourage the friends of freedom. I have
been constantly sacriucing interest and secu-
rity, oticndinc every personal advantageous
connexion, till ministerialists, oppositionists,
and moderces, hate me with equal cordiality,
and, if I may judge by their conduct* feitr
me as much as they hate.
'* For these four months,! have been giving
political lectures «id printing, and spproprir*
atiDg the whole receipt i, till trie la ^ ^ iit,
to the support of our delegates to
Conveutiottj for the history of whicu
)
367J
35 GEORGE IIL
Piocii
ibo]
refer you to citizen Talbol, whom I have nol
seen, but whom I hupc to see beloro he leaves
EnEland.*'
Uc then gives an account of the meetings
I have been stating to you, and of his lectures ;
then he says^
" Adieu. I will collect together what po*
litical papers I can, to send to you whtJti I
can find leisure. Do write to me ; kt roe
know something about the ttlale of politics and
lety in America. I feur you are somewhat
lOrt of the true Sans Culolte liberty; that you
liave too much veneration !br property, too
much religion, and loo much law."
*• I fear you are somewhat short of the true
Sana Culotte liberty.*' Now, tliat is, that you
have too much veneration for properly, too
much religion^ and too much law.
Gentlemen, having now gone through
the written evidence, I am to state to you
some other circumstances. I have not indeed
utated all the written evidence, becausiie you
will have written evidence laid before you of
stimulations, under singular pretexts, to these
societies, to arm themselves. You will find,
for instance, that if a debate liappened in
that parliament, where they meant hereafter
to suffer no debate, about the Ilessitms and
Hanoverians, they cirrulaled among them
papers, and it will be brought home to thoi^e
vr'iih respect lo whom it is stated, to this effect
— " Tlie ins tell us we are iti danger of in-
vasion from the French : the ouls tell us tliat
we are in dani^er from the Hessians and Ha-
Tiovcrians: in either case, we should arm our-
selves. Gel arms, and learn how to use
them."
You will likewise find, upon this part of
the case, tliat, after the dispersion of the Bri-
tish Convention In Edmburgh, after it was
seen that the law of this country was strong
enough to beat down a conspiracy of that
kind, acting by iheir mere naked numbers,
that it became then, in (heir opinion, netes-
sary to tlie aceomphshmeutof their purpose^
to act with arms.
Now, j^entlemen, where a general conspr*
racy of this aort^ amonz affiliated societies,
existed in Scotland, Sheffield, Norwich, Man-
cbeitler, and various parts of the king-
dom, ail aiming at the same end, all acting
ii|M>n the same principle, all involved in
the same project of having a convention
from the different parts of the united king-
dutns, it is natural that ihey should think of
arrus: but^ if the conspiracy did not exist,
it would seem a verv odd thing that it
biiould happen in fact, that, in these different
jiarts of the* kingdom, in Scotland, in Shef
neld, and in London, wc should find uepsons
prepwing arms of a sort, and of a tienomi-
tuitiuu, which of late years wo have nol heard
of in Uiis country, except as existing in France,
aod esceDt as »laied in a letter from France,
wiiteb I ojive read to you.
iiuty gemlemenf joo will find, from the
cirldenci^ I Invt U> mtt^ «ml indeed it is not
Trial ofTftomas Hardjf
surprising that you should so find — after I
shiill tell you, that in llie j^h5< kr r ..♦ *\n*- of'Hii*
parties tn this conspiracy, an^ a
in divisions in the London Ct i "so-
ciety, were papery importing that upoii* the
1st of April, 1794, was lo he ptr formed,** The
(iuillotine, or George's tfead in a B.t^kct ;•*
papers in which tire sacred person or the king
IS so spoken of, and in which dl orders of
men, under ludicrous reprcsent3*tion'* of them
to their couniryj were doom^tl i -irons,
and to suspension ; after I sti ti. that
I am instruckd thai Mr. imiwaii could.
when retiring from Chalk-farm, lake a pot of
porter in his hand, with a knife lake on the
head, and say, *• Thus 1 would sen'e dl
kini^s;" if you should fii>d siR'h language
used, I am persuaded you will not he surprised
to find pikes in the hands of the^e men and
tlieir associates — to find muskets in ibe bauds
of thcive men and their associates. Po not^
gentlt^men, lei us be misled by the great doc-
trine of the Rill of Rights, that evi?rv tu^iq
has a right to arms for his oiJ»n p»
he has witliuut question a right tc^ . yx
arms for his own defence ; hot tht
fore a jury will be, iot what purp ,c
the arms? If he attempts to shv liiat he
had them for his own defence — If had he
them m fuel for a worse purpose, the attcmpf
to colour the iact makes the fcii more cri-
minal.
Gentlemen of the j»rry, you m\\ find that ^
Mr. Vorke, in the month of November I7UV
will be proved to have been at one of the di/
visions of the London Corr<^spondi«g Soctcty|^
stating, that he was going amoo;> thtr sons of
liberty into Belgium, "to bring mlo this couri^
try the true friends of liberty. Yon will fintf
that he wa« a member of the London Com^
pending Society, and constituted a delegate
of the Conslitolional Society to Scollam}^
thai he has been propagating at Sb' :^ '.^ tTic
same doctrine, as his brother asscw 1 1:
propa^liuK in London : that ho ^-^-^ .nrrc
directing t£e form ui which pikes should be
made, to persons who were to makf —r " .«,,
strumenls; that the persons at Sh* r
into a correspondence with the i it
the bar; that they inform him fi
pikes are made; that he deliver-
tion to persons of the Correspond!: „
in onler that they may furnish ( , , es
with these instrumenls; and that the> wetts
to be furnished from Sheffield tu a place hcre^
I think, the Parrot, in Green Arbour alley,
or some other place in this lown; and that^
if the apprehciisioii of these per^rj ^ ' ; ta
at .Sheffield, liad nol put an end to r
execution of the project, llicre wuuhi ^mv^
been a lar^e iinportttUon of these pikr^ dsl^
this part ot iht* i"n,,JofTT
Gentlemen, !<
fortl' :'i
abovv^"^^ I ' ■ I.. , ,. ■ ■•— ' ' 'o " ' '^J
exercsM^ wiu» logmved by a Mr. \V wrsiiipj
JirHigh Treasm*
~mtmhet of » tn You will finrt that
thfr? w»^ H ' >ciety in Lamhclli, sind
Hoi burn j they were
iijgs, I ailmil; butthefc
V. L)c ^u in iheir beginnings ; and
y. irJ* thiit the prisoner at the bar
I mess of the iiime of Etlwards, a
whom touljlain pikcsatShefHeld.
.. •« ' »!i^r wil«es% who vill be
r - a gun -engraver in the
1 .:> for t lie use of these SO-
CK t;. I li» an (J in Turnstile, with an
thill he should not be era-
>r hiniH'lf bccume a member
Yoir will find arcordni^ly
n. You
T places.
1 ^ivr )o:i tlii:> oulhuc of thw
cvidcnec, briKii^'e \ do not wish
»rf: hitr. thi (Mrlii ii!^i;^. than to
'1- 1 .! II .;■!> ---;'!■ Ml rio nature
^ i h:»vi- hi l,iy iM.iure jrou.
wive see, what is natural
' *^hrn you find in the book
^tilutional Informalion,
J e covild think of gU'ing
ooUct, jkild move " that two books
should til, one of Ihem (bound in
Uuk) m wlucii ?»huukl be entered all the
tfiormtttf^ of tttosc who deserve the censure ;
iiT the nrerits of those who de-
if? of Ihe sotiety/' You wilJ
r^ ! : I 1 I, ir vai shotild find persons
iii "livj :ii:,ili;i '.ri'j :-i,i . !i, -^ q( lower Jescrip-
ti0ii9| r*oidih about 8ci7/tn« the
nation; it yim
- runver^tions
tlhstn > the lIouT^c
XV. u... uy which they
'IIS.
itTpmcn of the jury, I
before you, sub-
. e to you, calling
")n, to a great part
witnesses, whom I
>uu w^l) find, were persons
rnmput to watch over ihe
lid who there-
ncui'f of such
niMjnif-. \ I, ' '-'HS;
I scHftfiiii .: to
• ..1 1 1 itiiij^ lu i] ij^'j^ree
n can destribe, if
iucnl been in the
vc been, if these
' I ► actual exertion.
n tuld they had got
iron instrumental
, which llicy call-
M>tild imracdiilely
fh of horses
I'cts going on
or any
ummnu
II If- in for ma-
been able to
'- vcre me-
A. 0. 1?M.
[370
IV.
1"
ditatlng, and ht would liave been answerabii
for ii.
Oentlctnen^ it is the great province ofs
Britii^h jury, and God forbid tliese prisoner
should hot have the benefit of the reilcctJofl
that Bntish juries are able lo protect us all-
are able to sift the character** of ui'
to determine what credit is due to
tcnin;* to men of good character wi;,i,.vi: ^mivJ
imp^cs^ion against their evidence— hstenin
to men, such a* I have staled, with a Stron
impression against their evidence; Ihat in
pression, however, to be beat down by thd
concurrent unsuspicious testimony ansiua
out of the rest of the case, if, upon the who
voii shall find the cose to be made out as j
have slated it lo vou. ,
Genllemenj I forgot to mention to you, thai
you will hkewisc find, about ihe time that this]
eonvi 1' tJilked of, that there was
new 51 framed for the Correspoffc*|
din£ 1 which they speak of a roy
ist u V to the liberties of hiii eounir
—ol V* .....>,». Uc, as a friend to the libertie
of his country; and you will find, that, in i
constitution again revised , the whole wi
thrown into a scheme, and into a systeiirj
which was to add physicat stren-^th lo ttif
purposes of that convention, ^v ' 1 sulj
init to you, to a&sumeall civil .> vl au
thorily.
If you find all th^e thin^^s, and^ if tmde
the direction of tliat wisdom that preside
here, with respect to which, geullemen, Iq
me say again, that llic iilujtion ol Ihin cuufl
try is indeed reduced lo a most miserable onfl_
if the rcyject, which is due to the a<huini*-"
t ration of the law, is su fie red to he ucakeucd
hi any manner, if the respect, which is due lo
the arl ministration of the law, that admmis-
tratioo, which perhaps is the best fealure of
the constitution under which we live, is de-
stroyed, miserable iudeetl mu^t be the situa*
lion of your country I If you firwl under that
direction that the caae, being proved in fact,
is also made out in law, you will do thai on
behalf of the public which is dxie to yourselves,
lo the public, to your posterity, and theirs.
Bui on the other nand, if, after hearing
this case fully stated, and attempted to be
fully proved, you stioutd be of opinion that it
is not proved, or you should be hnally of opi-
j»ion that the offence is not made out ao
cording to the hallmted interpretation of the,
statute of BdwMcl Jrdj I say then, in thtl
conclusion, I ioin, from my heart, in th©|
prayer which tne law makes on behalf of thai
prisoner, God feend the prisoner a safe delf
verauce j
EviDENCS rOR TBE Ciowir.
Mr. Thoma% Madtan sworn.— Examined
Mr. iJOTrer.
What are you ?— One of his majesty'^ mc
sengers.
Did you at any timej^o to the lloute of |
Mr. Dauiel Adalna? — I did.
S B
(h
SS GEaHG-E IfL
Trial ofTlionms Hardy
Lsn
(•When did >ou go U> Mr. Adams's ItoMse?
On the 12th of May last.
f^Btfi you seize any books or papers tlierc ?—
JDllt books and ftapcn.
I What did you do with them? — I kept ihem
I my owQ possession till I had marked them
• Look at this letter, signed T. Hardy, and
h me whether it is one of the papers you
'«ed in Mr. Adams's house ? — It is.
Mlerander Grant sworn. — Examined hy
B<neer,
Mr.
te
Do you know the prisoner al the bar, Tho-
;s Hardy ? — Yes.
Have you ever seen him write? — I have seen
m write.
Do YOU know his hand- writing? — Yes.
Look at that letter, and lell me whether
lu believe it to be the prisoner's hand-
ting ? — 1 never saw Uiis letter, so I cannot
D03
> you or not believe it to be his hand* writ-
ing?— I cannot take my oath to it.
1 am not asking you to say certainly, but
according to the best of your belief is that
his hand-writing? — I cannot take upon me
to swear that it i?i his hand- writing.
You arc not asked to swear that it is his
hand-writing, but wlielher you believe it to
be his hand- writing ?— I believe it to be hia
I «.liand, but 1 cannot swear it
^ft [The letter read.]
^^bo the secretary of the Society for Con*
^H atitutiona] Information.
^^ '^ M4irch 27, 1794.
" Ciiizeti ; — I am directed by the London
Corresponding Society to transmit the foUow-
tng resolutions to the Society for Constitu-
"unal Information, and to rerjuest the senti-
ents of that society respecting the impor*
nt tucasures which the present juncture of J
airs seems to require. The London Cor-
sponding Society conceives that the moment
f arrived when a full and explicit declaration
^ necessary from all the friends of freedom,
.her the late illegal and unheard-of pro-
j lions aad sentences shall dt^termine us to
undon our cause, or shall excite us to pur-
; a radical reform with an ardour propor-
Dned to the magnitude of the object, and
^th a zeal as distinguished on our parts as
treaciicry of others in the same glorious
[1^ is notorious ; the Society for Constitu-
pual Information b therefore required to de-
rm inc whether or no they will lie ready,
ben cnllcd uponi to act in conjunction with
lis and other societies, lo obtain a fair rcpre-
klititiau of the peuple ; whrthrr they conntr
ilh US in seeing ihr neri vdy
l)nvf«ntmn, for the' piirptj^' ri a
responding Society cannot btrt remind the
friends, that the present crisis demands i
the prudence, \manimity, and vigour, th
ever was or can be exerted by men and Brii
tons; iLor do they doubt but that manll
firmuess and consistency will finally,, antf
they believcj shortly terminate in the full ac^
complishment of all their wibbcs. I am, feE
low citizen (in my humble measure)
friend to the rights ot man,
" T. H4aDY, secrctaiy,
" Resolved unanimously, 1. Thai, dear
justice and hberty are to Britons, vet the '
lue of them is com parii lively small without!
dependence on their j>ermaneucy, and tin
can be no security for the continuance of 3
fight but in equal laws,
*^ 2. That equal laws can never be eiepecU
but by a full aud fair representation of llie pco
pie ; to obtain whith^ in the way pointed out bj
the coustitution, has been and is the sole o^jt
of this society ; for this we are ready lo \m
every thing, and never but with our lives wi]
we relmquish an object which invojixs tb
happijiess, or even the political existence,
o urscl V e s and pohiv. rily *
*• 3. That it is the decided opinion of ihi|j
societv, that to secure ourselves from fiiUti
illegal and scandalous prosecutions; to pn
vent a repetition of wicked and unjust sen*
teoces, and to recall those wise and wholcsomo
laws that have been wrested from us, arid <
which scarcely a vestige remains, there ough
to be immediately a convention of I'i^
by deicijatcs deputed for that pu5 , ij
the diflcrent societies of tlie friends ut trcfj,
dom, assembled in the various parts of th^
n.ition, and we pledge ourselves to the puti^
lie to pursue every legal method speedily to
accomplish «o desirable a purpose.
** Postscript. I have to inform vou, that •
general meeting of the society will be holdeo
on Monday the i4th of April, the placo Uihfi
announced by public advertisement."
Mr. John Gumell sworn, — Examined by Mr.
You are, I believe, one of his majcs^f
luessengers ? — Yes.
Did you at any time, and when, go lo the
House of Mr, Hardy?— I went with a wat^
rant from the secretary of state on the ISth
of May in tlie morning.
Did you seize any papers or books there f—
We seized some papers in a back room lii<>'
hind his shop.
Did you mark the papers you bad seind i
— Yes.
Is this one of the ptpert you seised ^*»
Yes.
To AittendfT Omni, — T^ thi§ the prisoncr'a
JlKAl. iJitt.iJU* 1 iir i^UlJUUil VUI-
it 19 tushand-v
a,\* I ,11 uuit it is.
373} Jor High Treason*
XThe paper read]
*' Friday, April 4, 1794.
^ A conference with the Society for Gon-
Infurraaiion, — present, Daniel
ii« «ccrelary» Mr. Kyd, Mr. Holcroft,
I,..., Mr. VVariJIe, and Mr. Sharp.
3 ^n-esponding Society ,^Mr. Moore
y,..iir, Mr. Bjxter, Mr. Loveti, Mr.
m, Mr/riiclwall,and Mr. Hardy, se-
A (notion for com muni eating lo the
c ihe letters of communication from
t' ^ in the country to the London
t tv; resolved, that the
*! i to communicate all the
<i tiicy can at the next meeting, re-
L L state of the different societies
4>-gcLtU_^(j lor obtaining a fair representation
cf the people. Adjourned to Monday even-
flte^NV. -^ " ' * 'mi Id ings, in the Strand.*'
Is I! inickout?
Mr. ^ r r."/r — i^,/L»iiison's coffee house is
it7\jckoot^ and No. ?, Deau fort- buildings is
"ncrlcd m a different hand.
^Mr, Macieua.—l found this letter at Mr.
Ak^andtr Grant said he believed it to Ln;
ihf prisoner's hand-wrHing.
A, D. 179*.
1374
" To citixcn Adams, secretary to the Society
for Conatilutjonal Information.
" Anril (he UHh, 1794.
***** "'^^^-'d by Ihe committee of dele-
tion Corresponding Society
iru t,.. f/ouslitutional In-
otthc resolutions
London Corresponding So-
rt (five per^ja<i) to put in
fnOii^^ he second and tlurd re-
ttMioft Utce.''
Mr. lkci^,'.=^,My lord, we read these two
pftn for the sake ot bnngmg these parties
' tf T tjhall produce the papers
:icr'& aistody,
Jimfi Kturncll. — 1 found this paper in
tbe piiMtficrS house.
Ai£^mmder Grant said he believed it to be
IIm imiOGr's liand- writing.
[The paper read.]
"A parliamentary re lb rm is that which
oi aJI i>Uier thingt^ in our opinion, deserves
tbe Bitmtion of the i»ubhc, We are more
coQvinccil, hy evcrjr day's experi-
Mw lliat Uie restoring the right of voting
~^" *''■ ' — r -; not incapacitated
M, or by lavv for
, i., ^♦*,**L.. \Lugelher with an*
Eisi) in 4b« only reform ihait can be
I and permanent. A^ Providence has
icd men in every station with
ijary for judL'ing ol wlml coo-
' ^rm* liictus' vhal strange tliat
tbemultitt^* a few, with no
* kir Yn, to tisuapthe
lij : j;; theut without
'* It has has been a long and very just com-
plaint, that a very great majority of the peo^*
p!e of this country arc not represented in pap '
[lament ; that the majority of the repre&enta*
lives of the whole nation are chosen by
number of voters not exceeding tuelve th
iand. Many large and populous towns hav
not a single vote Tor a representative, such t
Birmingham, containing about 40,000 inha
bitants, Manchester above 30,000, Leedj^
above 20,000, besides Sheffield, Bradford,
Wolverhampton, Halifax, &c. 6rc.
" Let us look at the metropolis, and see
what a great majority of the inhabitants have
not a single vote. Those facts are sohd cvi-^*
dences, therefore need no comment. The
views and intentions of this society are to col*
lect the opinion and know the determination
(as far as possible) of the unrepresented of the
people. They certainly are the persons raos
aggrieved, ana have the greatest right to como t
forward hke men, and say— Give us ouitf
RiOHTs ; and, if they are united and firm^
where or who are they that dare oppose ^
them in their determinations ? ^
•* From these considerations we have come
to the fttllowrng RESOLUTIONS:
'* 1 . That a wtety be instituted under the .
title of the Co^bponding Society, for restor-
ing the righ^^ihe unrepresented people of'
Great Britaiii.
" 3. That each member shall pay at leatt
one penny per week towards the expense of'
the society.
" 3. That as soon as twenty members shall
be associated, a general meeting shall be call-
ed, at which the laws and regulations neces-
sary f<jr the good government of tlie societ/
shall be establislked, and such officers appoint-
ed as may be thought necessary.— ['Aii r«o-
lulion was ft ruck out.']
" 4. That a committee be appointed to
correspond with any and every society that
may be formed in Great Oritain, with a view '
of promoting the objects of this society. •
**6. That no person bhall be proposed tobe»
amember of tins f^ociety (after the tirst gene-*
ral meeting) unless he be recommended by «
one member, and the proposal seconded by
another. — [Tftis resolution uat ttruck out!]
" 6. That each member's name and place
of abode be entered regularly in a book kept
for that purpose.
** 7. Ihat all proceedings of the society and
its commiilce be fairly transcribed into pro-.
per books lor that purpose, by the secretary,
from the rough minutes, against the neit
meeting of the society and committee.
•* 8. That no one be admitted a member
undertime age of twenty*one years, xior toy
who has not resided in Great Britain for one
year." «
Mr. Shetton. — ^This follows in aoothor hand.
'« The society divided into dosent, not to <
exceed twenty. New members to be ad-
rrutted in each division of the society by a
nmonly . When seven members ut prcscut ,
375] 35 GEORGE m.
the delegate and chairman of the dWision to
be necessarily one uf the electors.*'
' Mr: Edward Lauzun sworn — Examined by
Mr. G arrow.
You arc a king^s messenger? — One of his
m;^esty*s extraordinary messengers.
Did you go to the house of the prisoner ? —
Yes.
When?— On the 12th of May.
Did you seize any pa)>crs ? — Yes ; a vast
duanlitv of papers. I marked every one of
the pa{fers.
Look at that letter ; did you find that in
the house of the prisoner ?— I did.
Alexander Grant said, he belieyed it to he
the prisoner's hand-writing.
Copy of a letter to Mr. Buchanan at
Edinburgh.
« Sir ; — I am directed by the London Cor-
responding Society to send a few copies of their
adaress and resolutions to the Society for a Re-
form of Parliamentary llcpresentation at Edin-
burgh ; likewise I have to inform you of their
wish tu enter into correspondence, and be in
close connexion with your society : as our cause
is one, our sentiments ought to be known to
each other, and act with one heart in a matter
of such vast importance. We tegan this so-
ciety last January ; and, since we published
our declaration and resolutions, we have in-
creased so rapidly in number and respecta*
bility, that we were under the necessity of
dividuig into different companies to meet at
separate houses, and each division sends a
deJeeate to meet as a committee, to transact
the business of the whole society. The in-
dorsed papers will inform you more fully of
the principles we set out u{K>n. Be so good
as to deliver them to the president or secre-
tarj' of your society. As 1 know you to be a
friend of freedom, you will endeavour to pro-
mote a union between the two societies; for,
by uniting tof;pther, we shall become stronger,
and a three fold cord is not easily broken. — I
am, sir, with great respect, your most humble
Servant, Tuomas IIahdy, secretary.
« August the 20th, 1792."
Mr. Lautvn. — ^lliis is one of the papers I
seized at the prisoner's.
Alexander Grant said he believed it to be
the prisoner's hand- writing.
" Mr. Samuel Jackson, secretary, to the
Manchester Constitutional Society.
" Sir; — ^I'he London Corresponding So-
ciety has this day directed me to acknowledge
the rccei|)t of your favour of the 14th of May,
and to return their thanks to the Manchester
Constitutional Society, for the readiness they
express tu enter into acoircspondeuce with us,
as also tor the book of rules, &c. that ac-
companied >xiur letter. We shoukl not so
long have delayed profitins by their coade»>
ceniioD, bud aay Ihiog wwaiy oooHnunicfttioQ
Trial of Thomas Hardy [976
occurred; the first slender opportimity that
offers we eagerly seize, and beg your accept-
ance of the enclosed dozen copies of an ad-
dress to the public, which we hope will meet
your approbation.
'* I have the pleasure of informing you that
our society increases daily, and that the peo»
pie in general be^in to Jivest themselves of
their deep rootecl prejudices, the public mhid
attends more calmly and attentively now than
formerly to proposals for a parliamentary re-
form ; most men see the necessity of it, but
unfortunatel;^, many are yet over-cautious in
engaging their assistance towards it: however,
I believe I may venture to assert that partial
interest will soon give way to public good. —
I am with great respect, your very humble
servant, Thomas Hardy, secretary.
" September 4th, 1792."
Lidorsed *' Copy of a letter to Manchester,
Sep. 4, IT92."
Mr. I,atfmn.— This is one of the papers I
found in the house of tbie prisoner.
Alexander Grant said he beUcved it to be
the prisoner's hand-writing.
[The letter read.]
Indorsed " Copy of a letter to Mr. Favell,
chairman of the Borough Society, August
2S, 179^."
'^ Mr. Favell, chairman to tlie Borough So-
ciety of the Friends of tlie People.
" Sir ; — ^The London Corresponding Society
herewith transmits to the Society of the
Friends of the People, 50 copies of an ad-
dress to the inhabitants of Great Britiun
on the subject of a parliamentary reform.
"We were in hopes that, as both our societies
profess to have the same object in view, the
I delegates of the Friends of me People would,
by visiting our committee, as agreed upon in
our last visit to them, have kept up an advan-
tageous intercourse of the two societies, and
strengthened the common cause by a closer
union, and freer communication of our mutual
endeavours. We arc, however, inclined to
hope their absence has not proceeded from
any relaxation of zeal towards the public good,
nor of diminution of friendship towards a
society in whose name we have the pleasure
of subcribing ourselves, dear sir, your sin-
cere friends and well-wisher,
M. Margarot, chairman.
" T. IIardt, secretary.
"No. 9. Piccadilly,
August 23, 1792."
Alexander Grant shewn another paper, said
lie believed it U» be the hand-writing of the
I prisoner, 23d August, 1792.
Copy of a letter to Major Carftright, chsiiw
man of the Xiondon Constitutional So*
ciely August 23, 1792.
'' M^or Cartwrigbt, Chainnan of the Leodoff
ConsUtutional Society,
377)
fAY High Treason^
A. D. 179*.
^78
" Sir ;— In hopes thai our zeal for the ad-
vancement of the cause of freedom will, with
tbe public, in some measure coiuiier-balance
the want of merit in the inclosed production,
the London Corresponding Society takes the
liberty of transmitting to wc Sopicty fur Con-
stitutional Information a few copies of an ad-
dress to the inhabitants of Great Britain on
the subject of a parliamentary reform.
** If it is found to contain nothing repugnant
to sound reason or justice, if it may anv wa^s
tend to accelerate a radical reform^ and if it is
so fof tunate as to meet the approbation of the
London Constitutional Society^ xMir hones»t,
though feeble, endeavours, we shaU ^eem
amply rewarded.
* With great respect and esteem, we have
the honour to be, for the Committee of the
Londoa Corresponding Society, sir, your very
buiAble servants,
" M. Maegarot, chairm^.
** T. Haboy, secretary,
«No. 9, Piccadilly,
Thursday 23d Aug. 1799.''
Indorsed " Copy of a letter to major Cart-
wright, chairman of the London Constitu-
tion Society."
Mr. Bower. — ^We will now' read the Ad^
dress.
Ijausun. — I found this paper in the pri-'
seller's house.
[It is read.]
* The London Corresponding Society's Ad-
dress and Resolutions of the 34th of May,
1792 ; reprinted and distributed gratis.
'' Assured that man, individual man, may
justly claim liberty as his birthright, we na-
turally conclude that, as a member of society,
it becomes his indispensable duty to preserve
inviolate that liberty for the benefit of his
fellow citizens, and of his and their posterity.
^ For, as in associating, he gave up certam
of his rights, in order to secure the possession
of the remainder, and voluntarily vielded up
only as much as was necessary for the eeneral
good— so he may not barter away the Imerties
of his posterity, nor desert the common cause
hy tamtltf and supinely suffering to be pur-
loined from the people of whom he makes a
part, their natural and unalienable rights of
KL3ISTANCE TO OPPRESSION, and of SHARING
ISr THE GOVERNMENT OP THEIR COUNTRY ;
without the full and unintemipted exercise of
which RIGHTS, no man can with truth call
him&elf or his country free.
** Yet of late, the very men who have dared
tc oppress the nation, have also dared to ad-
vance, that all reuatunce to their oppression is
iilegal; while on the other hand, vraud or
roEcs, sanctioned by custom and blind sub-
Biission, has withdrawn, and now withholds,
irom a very g;reat majorit;r of the tai-paying,
iaduBtrious^ and useful mhabitants or Great
Britaiii, the biobt of sharing io the goverop
ment of their own commonwealth, and ia
the manag^meot of ^Aeir own interests.
" The^i*? who are now permitted to elect re-
presentatives, and those who are chosen by this
small number of electors, disgrace the country at
iareeby buying and selling votes, by corruptinf^
and being corrupted — the former by their
behaviour at elections, and the latter by their
conduct in the senate — more than sufficient
to Drove, that the nation is unrepresented,
ana that the present system is totally
unconstitutional — if by the word constitu-
tion, any thing is meant
*' Roused at last from their torpor, and
easer to remedy the evil,— various, numerous,
ana respectable societies have been formed
by the people, in different parts of the ldng»
dom, several have also arisen in the metro*
poHs; and amon^ them the London Corres*
ponding Society, with modesty, but with firm«
ness, claim the attention of their country to
the following resolutions :
" Resolved,
*' I. That every individual has a ri^t to
share in the government of that society of
which he is a member — unless incapacitated.
** II. That nothing but nonage, privation
of reason, or an offence ajgainst the general
laws of society, can incapacitate him.
'* III. That it is no less the bight than the
duty of every citizen to keep a watchful eve
on the government of his country, that the
laws by bein^ multiplied do not degenerate
into oppression; and thai those who are
entrusted with the government, do not sub-
stitute private interest for public advantage.
<' IV. That the people of Great Britain
are not effectually represented in parliament.
*' V. That in consequence of a partial, un-*
equal, and therefore inadequate representatitni^
together with the comipt method in whirh
representatives are elected ; oppressive taxes,
unjust laics, restrictions of liberty, and waiting
of the public money, have ensued.
'' VI. That the only remedy to those evils,
is a fair, equal, and impartial representation
of the people in parliament.
'* VII. That a fair, equal, and impartial re-
presentation can never take place until! all
partial privilege* are abolished.
" VIII. That this society do express thrir
abhorrence of tumult and violence — aiming
at reform, not anarch v— reason, firmness,
and unanimim arc the only arms they
themselves will employ, or |)ersuade tlinr
fellow citizens to exert, against arum, oi
POWER. — Signed by order of the coiumittiT,
" T. Hardy, sccrrluiy.
" April 2d, 1798."
"The London Corrcs|H)ndinf; Society to the
Nation ui lurgi*.
« Whereas it is notorious, thai vrrv w:-
merous, burthensoiiie, and unniTrwuary text-*
are laid on the porftohH and luniilicft of ir^
and others, the induMlriouik iiihalHtazi:* «'
Gieat Britain, an cxcecdin|^ly f^tA
35 GEORGE UL
of whom are, notwithstanding, excluded
I Irom n\i representation in partifttnent*
^ And a^ upon inquiry into the cause of
tis grievance, which is at once an obstnic-
fioQ to our industry^ and diminuUon of our
r|>roperty, we find Uiat the constitution of our
countr)' (which was purchased for us at the
expense of the hves of our anccstursj has, hy
the violence and intrigue of criminal and de-
signing men, been injured and undermined
in its most essential and important parta: but
partickdarly m tlie House of Commons, where
the whulc of the supposed representation of
tbc people is neither more nor less than an
uwjrped power, arising either from abuses in
the mode of ejection and duration of parlia-
ments, or from a corrupt property in certain
decayed corpomiions by means of which the
liberties of this nation are basely bartered
away for the private profit of members of
parliament.
" And as it further appears to us, that until
this source of corruption shall be cleansed by
the information, perseverance, firmness, and
union of the people at lar^e, we are robbed
of the inheritance so acqufred for us by our
forefathers: and that our la^es, instead of
being lessened, will go on increasing: inas-
much as they will furnish more bribes, places,
and pensions to our minister and memners of
|»arl lament.
** It being resolved by us, the members of
tliis society, to unite ourselves into one firm
and ncrmaneiit body, for the purpose of in*
forming ourselves and others of the exact state
of the present parliamentary rep resenlation —
for obtaining a peaceful but ade<juate remedy
to this intolerable grievance — and for corres-
ponding and co-operating with other societies
united ibr the same objects, the following
regulations for the internal order and govern-
ment of our societyi have been unanimously
adopted :
*' First, That every person, before he is
admitted, shall be proposed by two members,
and shall answer in the afhrmative to the
three following questions, viz.
** Question L Are you cxmvineett thai the
parliamentarjf representation t^f thU country
If nt present inadequate and imperfect f
" Q. Ji * Are yoti thoroughiy penuaded tk^i
the welfare of thcMe kingdiuitt requires that
every penon of adult years^ in pastcstion of hit
reason, and not incapacitated by crimetf ithoutd
have n volt for a memtfcr uf parliatnent f
*• Q. ni» Wttl yoH endcavuur^ hy all jut-
tiJUbie menni, to pratnote inch rrfonnation in
parliament f
** Secondly, That the whole body shall go
under one comnkon name of //«^ Londim Cor-
rctponding Society , united far tl*€ reform of
parliamentary renreientation,
•* Thirdly. Tbat lor the tnoce easy and
orderly proceeduig ofth* M>ilitv ir Ikj scpa-
r^ited into as many dis shall be
thirty menibefs to mill ntibcr rc-
ijuiaitc tor such divtsiou* Aod that
Ttiat of Thomas Hardr/
[380
! any
sion shall divide again, till it amount \»
double such number of members ; at which'
time notice shall be given to the committee
of delegates hereafter mentioned, by the thea
delegates of such division.
*• Fourthly* That each dtvisi»n shall meet
weekly, on any evening (Thursday excepted)
at some house to be chosen by Ihentselvet,
and appoint a chairman for the good order
thereof] and also snail name a <k]egate as
hereafter mentioned.
« Fifthly, That each member shall pay t©^
the secretary of his division one penny per
week, or one shilling and a penny per quarter*
which shall be creilited to the account of
such member in a book to be kept for that
purpose. That all money so paid shall be
transmitted monthly, by tne delegate of such
division, to the treasurer, who is to aocou
with the body of delegates for the tamej <
the four usual quarter-days,
** Sixthly- 1 hat the sums so paid to
said treasurer shall form one common stod^
to be applied by the said delegates in the
postage ot letters, in stationary, and in print-
ing sut-h matters as may be good for the in-
fonnation of the society* But thai before j
expense whatever shall be incurred, the i
delegates shall inquire of the treasurer wli
balance he has in hand,
** Seventhly. That the delegates so ap-
pointed shall meet on Thursday in evciy^
week, and shall continue in ofhce for thre
months ; subject, however, to be recalled <
superseded by their several divisions beibi
the expiration of that time, if thought necei
sary . Tliat being assembled, they snail nama
a chairman ana secretary', who shall
sign all tlie public acts of the society,
^ Eighthly. That such delegates sa as-
sembled, shall in the iirst place commimical«|
the wishes of their several divisions, relativ#|
to any objects of the iociety* That they shalf
be authorized to answer any correspondence
which may require immediate attention; and
afterwards, that each delegate shall report th«
same to his respective division. Also, th
thev shall consider of the general state of I
society : but shall on no account publish an|
new principle, or set of principles, until the
same sliall be apprwod by a majoritv of t'
individual members of the society at (iu-g^.
'* Ninthly. That it shall be uoceitiary fur
two-tliirds of tbc «aid dekgale** to form a
committee for the dispatch of business. And,
** Tentldy. That these rcs«.»lutiuns oiu'
regulations be printed for the members of th
society, antl that a copy be given to
member on his admission.
** WAvntce MAHCif^-
** Tuomas Ha hoy, ^
^ ForaMTUich as it is po*.-
grounds of our complauil mav
ttiat our views and prmriitlr%
prcftented, we de^ii'
ousiy coiiiudcr and c : i /
thn bUbe of scaiiclaKiUd imlA whkb toUow.^-*
-maa.
tU^
Jof High Trmuon,
sk himself, whether it be the
pMirt of a gcrtxi citizen to sit auiel under such
nhu^ta, which have nut onfv increased, but
are ;il thl<» mooient increasing; and which
,j4,.,>,T tL^r^foi-^ lo \iQ remedied without delay.
.L- feign of Henry 6th it wan nut
J or the inhabitant of a county to
\ hold estate of Ws. a year, in order
t : the representative of his county.
liut the statute of that km^, parsed in tiie
ycAV J 449, undiT pretence oi preventing dis-
putes at elections, most unjustly deprived a
grmt part of the commons of this nation of
t isenling to those taxes which,
J, they were compelletl to
{. I IS u such right had not been taken
n'..:\'_ \\^< lu.
.. t '^\'zn of qticcn Anne, is was not
ri<t i I* inhabitant of a county to
h^vw o_^,, ^ ;-,^r, freehold or copyhold estate,
m ortler to his being elected the rejirescula-
tlveofhis county. But the statute of that
^cd in the year 1710, under pre-
i^ freedom of parliament, excluded
pi;ri»ons not possessed of such a property
our repres^nldition, whatever Le their
ntidples^ their abititics^ or their intci;rity.
"^ Till the reign of William 3rd parliaments
of iitcuT to be called once a y€«r, or of-
r if need be. But the statute of that king,
ised in the year 1694, under pretence of
Qing them more frequently, enacted, that
Id be holden once in ifiree ^cars slI
'f^n of George 1st, parhaments
'<.>( three years duration. But
f *t 1 nat king, passed iti tiic year
^7 15, under pretence of a * restless faction'
Ijen rxi^Ting in the nation, usurped a power
:, tiiat * parliament should re spec-
ve continuance for seven years/
' A^ for the supposed representation of
people, which is called tlie * Commons
: ■ nd in Parliament assemMed;'
'junty of Cornwall contains in
II .uonc the privilege of sending^r^V;/*^*^
abcrJi to parfiament, which js just one
'■■^* "r than those of the whole
*tland, containing upwards of
f rw^uple,
wr supposed representa-
'<d by the freeholders of
; the rest sit for tweDty-one corpo-
us; of which
MUcioTM, Property of
10 '
:e9tiia " •
I J rd • * * •
dlaicl*«
Bddm^rn ••• •
lIcUloQ **•
Siltx^ * • • •
Ea«t Urn • « * •
ffmiM ••
Grsmpoiaid
C-atntilfot^ * •
t'curbvii ••••
Lord ElTiut
9 • • Ditto
7 •• Duke of Northumberland
la .. T ' ^ ijuth
18 • • Basset
3 * ' inuM (H iJtcdSjtStC,
Id • • Sir Francis Basset
^ J Judge BuUcr
30 • • Lord Sommers, &c,
0 »• Ixird Camelfurd
50 • • Sir Fraacuj Basset
A. D- 1794. [382
Trf gony • • • • 50 • • Lord Hertford
Bosiimy <.-• 80 •• Lortl Bute
fet- Ives • • . • 60 • - Mr. Pracil
Fowey 26 - . Prince of Wales, te»
St. Germains 6 • • Lord Elliot
St. Michael.- 14 *- UukeofNorthumberli
Newport • * • • IJO - * Ijord Lovaine
St. Mawes •< 15 •• Marquis of Buckinghan
Calling ham •• 30 •• Lord Falmouth
Electors 453, Members 42.
«* To Uiesc we mi gilt add, of the same do
scription, S8 corporations, consisting of Its
electors, which send h<i members to Ih
House of Commons, which is so frcquentlj
and so falsely called the democracy of thS'
nation ; while ti^>e towns of Sheffield, Man-
chester, Birmingham, Leeds, WolverhumpUm,
^c- contairunp above three hundred thousand
|ieople, have no electors or represenlativey
wlmlevcr.
" Upon the whole it appears, that ^57
supposed representatives «>f the peopK^j
making a majority of the House of Cou
mons, are returned by a number of vote
not exceeding the thousandth part of
nation.
*^ But as Providence lias kindlv furnished
men, in every station, with faculties neces-
sary forjudging of what concerns themselves,
shall we, the multitude sulTer a few, with no
better right than ourselves, to usurp llie
power of governing us without control?
Surely not! — Let us rather unite in one
common cause^ to cast away our bondage;
being assured, that in so doing, we are pro-
tected by a jury of our countrymen, while we
arc discharemg a duty to ourselves, to our
country, and lo m^mkind.
" Ordered that the secretary of the society,
do transmit copies^ of the above to all the
societies n\ the nation, engaged in the same
cause.
" London, May «4, 179«.**
"Address from the London Corresponding
ScMriety, to the Inhabitants of Great-
Hriuin, on the subject of a Parliamentary
Ucform,
" Fellow Citizens, — Of every rank and
of every situation in life, rich, poor, high or
low ; we address you all as our hrethrenp on
a subject of the highest importance, and most
intimately connected with the welfare of every
individual who deems liberty a blessing, who
partakes in the prosperity of his country^ and
who wishes to transmit as much of either as
he possibly can, to posterity.
** Uninfluenced by party pique or selfish
motives — no ways aitrighted at the frowns of
power — not in the least awed by the evi-
dently hostile preparations of a much alarmed
aristocracy, %ve, the London Corr€$potidtnf(
SociWy* united with a view of obtaining a
TiionovoH PARLUMfijuTAUY RcroaM, anxi-
ously d*mini<i v.»ur serious and most col-
lected ; vo the present vftiateo
fetatc yl : u govcTtinitul. wt entreat
S88]
S5 GEORGE lU.
Trial af fUonuu Hardy
tdSft
you to examine coolly and impartially the
numerous abuses that prevail tnerein, their
destructive consequences on the poor, and
their evil tendency on all ; as also the rapi-
dity witli which these abuses increase both
in number and ma^itude.
'* We next submit to your examination an
effectual mode of putting a stop to them, and
of thereby restoring to our no less boasted
than impaired constitution, its pristine vigour
and punty : and we thereunto warmly solkit
the junction of your efforts with otrrs.
" This great end however we believe at^
tainable, solely, by the whole nation deeply
imoressed with a sense of its wrongs, uniting,
and as it were with one voice demanding of
those to whom fur a while it has entrusted
its Bovereienty, a restoration of, annually
ELECTED Parliaments^ unbiassed and un-
BOUGUT Elections, and an equal Repre-
sentation OF THE Whole Body of the
People.
" Leaving to the enemies of freedom, all
violent, tumultuous, and unconstitutional pro-
ceedings, we invite you to peaceful, well-
resulatedy and neighbourly meetings, wherein
industrious worthy citisens may as honest
men, as good patriots, in a reasonable and
sensible manner, laying aside prejudice, seri-
ously and earnestly ta^e into consideration
their rights, and the welfare of the present
and succeeding generations.
'' As men can never barter away the rights
of their posterity — as encroachments on liberty
or property cease not to be grievances from
their being customary and of long- standing —
and as a grievance is not the less tclt for being
denied by those who cause it-^feciing griev-
ances enormousy-^seeing our liberties en-
croached upon and endeavoured to be entirely
purloined from us — as also that our plaints
are derided by government, and ourselves
unlawfully menaced by those in power, we
call upon you all, Britons, to remember your
privileges as such, and to assert your rights as
men — to pay all proper regard to your native
freedom ; and to consider that, being the pro-
perty of no man, nor of any set of men, it is
highly disgraceful for you to suffer vVirselves
any longer to be thus enslaved and disposed
•f as cattle in a fair, as irrational beasts in a
market, to the highest bidder.
** Laying aside all pretensions to originality,
we claim no other merit than that of reconsi-
dering and verifying what has alreadv been
urged in our common cause by the duke of
Kichmond, Mr. Pitt, and their tlien honest
party, years back ; now diftering from them,
we support with candour and zeal (thereby
proring ourselves no courtiers) the banner of
truth already displayed against the oppressors
uf mankind, and we take a pride in aeknow-
kdgiag ourselves a part of that useful class of
citiaens which placemen j^Dsioned with the
eatorted produce of our daily labour) and proud
Bobility waUowing in riches (acquired some-
hoir) affNt lo tnat with a oonteapi too lic-
grading for human nature to bear, unless
reconciled to it by the reflection, tliat, thou^
their inferiors in rank and fortune, we equal
them in talents, and excel them in honesty. '
<' Still, friends and fellow citizens, possessed
of souls far superior to the evil spirit influenc-
ing these oppressors, these debasers of man-
kind ; instead of hating, we contemn them ^
and our motive is not vengeance, but redress.
** A constitution we are said to possess, we
arc willing to believe i^^-\i »)od, it aUowr
redress to a complaining people — if excellent,
as many assert, it must naturally point out tli2
means thereof. Let it therefore be publicly
and carefully examined— if it is really what it
ought to be, it cannot be too well known; if
famty, it cannot be too soon amended; nor
can that be done by a more competent judge
than the thus collected sense of the whole
nation.
" It is the right of every individual to be
well acquainted with the laws that bind him !
but how is the peasant, the mechank;, the
manufacturer, to obtain that necessary know-
ledj^e ; his time fully employed' in labouring
hard to provide a scanty meal for hb family,
and in earning wherewith to satisfy the
frequent and peremptory demands of surly
tax-jgatherers, he has no leisure for sucn
intricate political researches ; and even war
he, by stealing that leisure from his labour or
his sleep, to acquire the desired insiight — still
with spirits depressed by his suffering, with
fears increased by the clamorous threats of
the pensioned all-devoui ing locusts in office,
the sore-oppressed subject" feels the remedy
to lie far out of his reach, and dreads the con-
sequence of being even supposed to know how
greatly he is wronged. — Such being the forlorn
situation of three-fourths of tl)e nation, how
are Britons to obtain information and redress?
Will the court, will ministry, afford either?
Will parliament grant them? Will the nobles
or the clergy ease the people's suffering ? No.
Experience tells us, and proclamations confirm
it, that the interest and the intention of power
are combined to keep the nation in torpid
ignorance !
" The onl V resource then, friends and fellow
citizens, will be found in those societies which,
instituted with a view to the public good, pro-
mote a general instruction of our rights as
men, expose the abuses of those in power,
and point out the only constitutional, the
only effectual means of forwarding a public
investigation, and obtaining a complete re-
dress for a people in whose credulous good
nature originated their present difficulties.
We will not hurt your feelings by a minute
detail of our common grievances; you cannot
be ignorant, friends and fellow suilerers, how
generally power, place, pension, and title, aro
the rewards of men whose services to the
court have been of the greatest prejudice to
the country. You painfully lieel the conse-
quences; increased taxes, a great part of
wUch ut mwl Tilely squandered; a hmvj
for High Treaton*
debt, began wtlh a design of fomiinjg
m pflwcrAil and roooied court-party ; conli-
maed v 'Ay the same tIcw, unto its
finMlit us bulk, and frcmi its com*
mioeemcQt militating against ouf liberties !
T«o irmble are the numerous encroachments
qn <Nir rights, too common the insolence of
<iAcie, the venality of magistracy, the perver-
aloiiof tf- i"- '^"- i-^ti-;^ Joose the raUilary
l»n ci'c c occasions eagerly
toilet. * ..*. >^:.ji^. . w .i^jlaints derided — the
one fMtfl of the nation turned into spies and
Mnpsera affainst the otlier — tlie — but where -
im morcf Is here not enough to prove
be]ri>od a doubt, that while v^c boast the best
eonatitutionj the mildest laws, the freest
pytemmeot, we are in lact stlaves I
** Yet| feUaw citizens ! numerous as are our
frierances, and close rivet ted as weighty to
m almcklcs on cmr freedom ; reform one
iblM^ aod the others will all disappear. If
ipf ooce regain an anually elected parhament,
and thai parliament to be fairly chohen by all,
Iht ^ople will again share in the goTemmeni
9I tnetr country^ and their then u n bough t,
1 suffrages must undoubtedly select a
%t^iiX honest meniberf, while the very
momid onefi, that may accidentally
Mftt9| wiDf from the con^iideration of
AOtml dependence on the people^ think
h highly advisable to continue the disguise
Ibit procured them their election, and at least
^mt Ihe nuisk of honesty—a mask neither at
iUtuaei ncicessary, nor at all times worn, in
tMptennial parhament.
** Let rw> man imagine himself unconcerned
la the f ' reform— let no one think so
mean Is uation or abilities, as to sup-
pOB Im cnniint; forward will be of no service
^ llie CBii«e of^ibcrty ! numbers, union, anil
ante must m the end be crowned
fUcceftS, while compared with the small
of each individual associating and
cxMintenancing the demand of the
ta be restored to its constitutional
n^lli! bow great wilt appear the advantages
' *n2 Ihrreffom ! —
« Ar T PARUAMKNTf
**h. \lpaiiliami:nt!
LlAMENT wiuneiN EACH IN-
B . WILL HAVE HIS UEPRE-
S! E,
irn should we see onr liberties re-
" * c, the laws simplified,
s independent* needless
mi |« it?iuir'» tetrencncd, immoderate
„ feciQCed. the public belter served^
iHa^iihhTO, and thrr necessaries of life
the reach of the poor, youth better
i^riMitm Ir^s f mwded, old age better
IS feasts at the ex-
less frequent,
•rymen, as an
t us together
lew of such an
let us in idea
ooi upun thiA, '
fK vi«ritjn ; t^
<l ntfu
i vum aciuon unto even the short dura-
VOL* XJUV.
tiao of three months in one year, or sixty-four
meetings for doing the annual business of the
nation. Still five hundred honest men, meet-
ing sixly*four times, with both intention and
capacity to serve their country, must do wm^
Mi/ig-^— must employ their time somehow.
Contested elections, none or very few, and
soon determined \ party debates, none, the in-
terest of the people beinj; one ; long speeches
much diminished, houest men seekmg reason
not oratory; no placemen in the senate, cor-
rupt influence aies away, and with it all
tedious, obstinate, ministerial opposition to
measures calculated for the public good : de-
testing chicanery, oppression and injustice of
every Kind, this honest parliament, iinding
that the laws wanted simplification and
arrangement, would set about it, however
destructive their labours might prove to the
sordid interest of an ambitious judge, a prosti-
tuted council, a packed jury, or a vik herd of
petty foggerSf trading justices, bailiffs, or run-
ners.
*< Finding that a most extraordinary waste
of public money had taken place under the
diflerenl pretences of places, pensions, con-
tracts^ armaments, subsidies^ secret service
money, &c. our honest and annual parliament
would, after narrowly scrutinizing the same,
retrench every sum, needlessly or wickedly
laid out,
" Recalling to their mind that wise and
wholesome provision of the 12 th of VVilliam
3rd, chap. 2, enacting, that ail resoiutiom taken
in the prh^ council ihall be signed by tuch qf
the privy council as shall advise and cofiseni to
the same ; they would call for an immediate
renewal of that long -suspended law, and bv so
doing, all destructive secret influence will be
rooted up, and the people could then, at all
times, discover who were their friends^ and
who their foes.
** The people's parUament finding, thaC
under various preteuces grants of common
land had been obtained by sundry persons j no
ways to the benefit of the community, but
veiy much to the distress of the poor, the
Bitme would be soon restored to the public,
and the robbed peasant again enabled annu-
ally to supply his di^^tre«sed family with an
increased quantity of bread out of the profit
arising from the liberty regained of grazing a
cow, two or three sheep, or a brood of geese
thereon.
** With detestation would that parliament
view any man enjoying the emoluments of six
or seven places, either needte?»s and ovcq>aid,
as requiring altogether but one officer, or else
their several duties neglected, and the public
thereby deprivf^l of that service for which
they pay their money.
** Numerous other reforms would undoubt-
edly take place, even in the first session of
parliament so elected, dependent onl^r oQ
their electors the people. Untorn therefore
by faction, undivided by parly, uncorruptwl
by ministry, and unintiuenced bui b^^
U C
S5 QBORQE UL
J« public gooil^ every transaction would tend to
ref<irfn/an<l n strict cr.onomy, its naluTBl con-
>*8ei|uence, might soon enable us to reduce our
if&xes; and by the in tcgrily of parliament, that
•reduction would light upon such objects as
.best might relieve the poor. This to tlie
'people would prove an advantageous and a
^ novel session, and lo an honest parliament
not a tiresome one.
«* Therefore Britons, friends, and fclkwr
k citizens^ with hand and heart unite, claim
fir hat is vour right, persevere and be tree ; for
I who shall dare to withstand our just demands !
^—oppression already trembling at the voice
^of individuala, will shrink away anddisapi)€ar
ifoT ever, when the nation united shall assert
Bit* privileges, and demand their restoration* —
jlSigoed by order,
** M. MAftfiAROTy chairman,
*' T. Il4RDy, secretary*
* Ordered, that the secretary of thissocieiy,
do transmit copies of the above to all the
societies in the naiioD, engaged in the
same cause.
** London, August 6, 1793."
Mr. EriA'i7ie»— Be so good as to read the
Pj|uotatioD from Thomson*? poem on liberty.
[It was read.]
^ Unblest by virtue, government a league
aecomes a circling junto of the great,
To rob by law ; rehgion mild, a yoke
Ujo tame the stooping soul, a trick of state
1*0 ma&k their rapine, and to share the prey.
Without it, what are senates, but a face
}f con?ullation deep, and reason free^
Vhile the determined voice and heart are sold ?
/hat boasted freedom, but a sounding name f
Ind what election, but a market vUc,
)f slaves 5elf-barter*d ? *'
Mr, Edward Lauzun. — I found lliis paper in
^hlr^ Hardy *s house.
Mr. Bon>cr^ to AUsaudcr Grant. — Is that
tie prisoner's hand-writing?—! caunot say
liial il ia.
Do you believe it to be his hand- writing? —
It is different from the other haud-wriliiig. I
*o tiot believe it to be his hand-wriiiog«
Mr< Erskint, I admit it.
[It was read.]
** Mr. N. nibbert, president of the Society
of the Friends ot Umver.^al Peace, and of
the Rights of Man, at Stockport.
** Sir; — I ant directed by the London Ofr-
ptmdin^^ ^ -'■ , ---'-f ■"- - — • r^' -'r-
Siting a J
Trial nf Thomas Hardy
PpOtf
tihi m/?Ars of
^ mi iM:4Uaui»
i men who act
i
fore have ordered me to transmit to
as president, a few copies of their
to the nation on that subject, and io invtte
you to similar communications on your pari,
always remembering that unton^ goad ordtr^
and numhcn^ arc absolutely necessary to our
success. Wc began to associate last Jaouary,
and since the late proclamation we have in-
creased rapidly. — I am^ sir, your very humbU
servant.
" London, llth September, 1792.''
Mr. Edward Laugun, — I found this papet
in Mr, Hardy's iKJuse,
[It was read,]
" Dear sir; — In obedience to the wish
the society here, I have the pleasiu-e of
kn<»wlcdging the honour of your letter i
the packet which the kindness of our brothers
of the London Corresponding Society so op-
portunely presented us with.
" It is doubly deserving our thanks, as it
shows j^our kindness, and as it will be useful
in the formation of our infant society. Wc
stand much in need of your experience in this
particular, and we doubt not of your best as-
sistance. We are surrounded by a majority,
a formidable one indeed, in power, abilities^
and numbers ; but we are nut dismayed.
** We have carefully perused the acldreaseSy
and I am to ob<K?rve on their contenls in g^
neral, that the sentiments hardly rise to thai
height which we expect from men sensible oT
their full claims to absolute and uncontrollable
liberty, i. e. unaccountable to any power
wliicb they have not immediately con6btuti9d
and appointed*
** These are our sentimcijl% whatever mrr
be yours, though in the present stale of polite
caJ knowledge \i mav be prudent uoi to avow
them openly. W'e desire your sentiments on
the means of accomplishing that object which
we presume you have in view in comoxA
with us. We think it expedient that wt>
should perfectly understand each otlier in the
beginning, lest the appearance of disunion
might furnish matter of triumph to our ene-
mies. We observe one expression ^ which
saTS, * Numerous other reforms would nn-
* doubtcdly take place, &c, &c.' But we ask
how is that parhamcnt to be choseri? Caa
we expect it trom the present order of things?
Would not all the ^ ^ . ^-
by the people ;,
Does ilapptM
which we coii
other way? Cau
aristocracy be redr
retains its pr*- i
tare? Is ll.'
ever to be
maintain their scat ou the ?
II f
rty
lie the — »
y in the hj^hc
J It of conscienof
: the H i'»
" Vour thoughts on thr?c importuDl puUi6
wc movi 4
to us a < .■ . , . .he
liLStf wc k^ u wUi o^Uc ^u&juuau* X>4(«^4
WBJ Jfar High Trea»m*l
m Mr* J^OTfib lleamer, Pettv Carr, Stockport,
Mdrttssed, *< Mr, Thomas Uarcln
boot and blioeraakcr near
Piccadilly.
Tadorscd, ** rec. srUi of Sept, 1792.
*'Aos* UUiofOct, ^nid ?cnt a copy of the
ilr. Mdmard Luvinn, — i Tuund 4his paper
)iMr.aaidy*9licw9c*
[It was rcitdj
••TKc Friends of UDtversal Peace and of
file Eights of Mao Society. ^
" Mr. Joseph Hearner.
«* London, Uih Oct, 1792.
•* Sir ; — With iTi6iilte satisfaction the Loo-
Aai Concspondiiig Society's committee pe-
n5oi your letter ; they are happy to learn
T dbeadv determinatmD, spite of alt obsta-
r*piM*l«ic that sole means of pohtiual
I perfect rcpresenUition of the people.
I — - -^ to our pubUcatiotij*, our stin-
essed ia as strong terms as
" 't ; yet plain "enough we
ic puhhcy that while we
apoct I 1 in honest and an au-
Ipni urt of such a 3e-
f 4h ; I'' nation will sa-
'iVwe ?rcncrr«ity, the characteristic of this
in* Tverted men ihrough-
0*1 jjic»n us to countenance,
it r^luous struggle of tfie
I; I despotism and aristo*
<Jirk, til tic Iocs lo xhe human race, we have
raotrai upon addressing the French National
Co— n
' entering into the probable effects
U w^ . ^ M -. ^ fleets which your society
ivill 00^] I J we invite you lo join
m^ and l . i ewitb you have a copy
^rcHir Imcfi >; if you approve tlic
ida, u^ Will n sending it, be pleased
l^raiafii ns, wubuul delay, a copy signed by
jgar prr^feu and secretary, or by the dele-
pi* _' each for how many persons he
Mt [i then associate your body with
mmx, 3iwJ with same others who have airta<ly
•Mentc>d la thr measure. If, on the cootrary^
y9o4Mmipv-' ; V f ! towards the
' ' umiOk ' I Ltlertaken to
I Co m 'S ptca^e to
^t, ions. — I am,
ik. ftr tke €4*^k.i,,,i.. >,. ... .v .,-lus, your*s &c.
^ ** M. iM. ch."
Mr. Mmtr.^^ will prove part of this let-
Irto be in Mr. Home Tooke'a hand-writmg.
Mc WiUmm Wooifall «worn, eiamined by
Air. Batcher.
Am fm acquainted with Mr- Uorae
fvQ^ Uiul-wnttiig }^Yn
A-D* 170*.
Look al that letter, and see whtthcr then
is any part of it Mr. Tooke*s hand-wnUDg.-
I do not think that part of it is Mr. Tookel
hand-writing, but there is an inlerlineatiai
which I behcvc to Ikj his hand-writing.
Have yoti seen him write? — I have, and
believe that lo be his liand- writing.
Which are tlic parts ? — The word " thing
over the iirat line of all other thing? put with
a caret, the word " mcapacilated" is mended
apparently, the word ** for/' and Che word
** views,*' resemble his character.
Do you believe it to be his ? — I believe it to
be his character, it h the conclusion of the
writing*
Mr, Erskine, — The jury should know tliis]
is a paper that has been already read.
Mr. Wood/all, — It is apparently his, but i
was written at a tavern, or in that' loose man
ncr which people are apt lo write in when not
at home at their desks ; but 1 think it ia hia
character.
Mr. Maclean called again.
Mr. L«a>. — Where did you find that paper ?
— I found it at Mr, Adams's.
To Alexander Grant. — Is that signatun
Mr. Hardy *s hand-writing ?— That is not tlx
usual way he si^ns his name ; I bcUeve it
his vvriling, {It was read,]
" D. Adams, esq, secretary to the Socierfl
for Constitutional Information. J
" Sir ; — Your favour of the 3rd instant, inJ|
forming us that our proposal for addressiug
the French National Convention had met
with the approbation of the Society for Con^
slitutional Lpformatioo, wc have inclosed you
a copy of the address we have drawn up, an '
mean to send, the society at lar^c havin|
approved of it.
" Not in ttie least presuming to propose
for 'the adoption of your society, ourselvei]
will jc^y fully throw il aside, anil ai» rcadilj
subscriDe to any production of your*s belt
calculated to answer the purpose, and lesi|
unworthy being presented to so august
assembly.
Should no oilier be produced, we imagin
this plain but honest address wilt he adopte
by some other societies in uoucurrencc witliJ
our own ; and, respecting the manner of sign*!
ing, of conveying, and oi preseuliuE; it, youcf I
belter experienced advice will greatly ohlige*!
— Gentlemen, your very humble ^rvant, TotA
the committee of the Loudou Corrcs ponding!
Society, ||
'^ MAuaicc Marga,aot, chalcmaiu
" Tuoujis Hardy, sec."
« Thursday lUh Oa., 17 9 2*
** D. Adams,' esq. TcKjk's Court,
Chancery-lane.**
Mr. Edaard Lauiun deposed that he found
tho following letters in Mr. Hardy^s house*
[They were read.]
<4 8ir;^Your favour of the Uth inscam,
%nd 0)0 iOdress of tbe London Cocre&\MniAm^
191] S5 GEORGE ILL
acty, were read at a meeting of th€ Society
• Constitutional Information held last Fn-
l^ay, uud I am tjcs^treti lo ext>ress thctr thanks
f If- T'- 1 '-^Juii Correal* '''"' '^jciety for the
f -s an<i lo ' ni that they 4o
,, ^^love of the .,ui.L ^i the same. — I
ft tie honour to he, sir, your most obedi-
Btvanl,
" D. AnAMs »er* to the Society for
CoDsUtutional Informatioa.
** Took's Court,
Monduy, ! 5th Oct. 1793,
l« Maurice Margarot, esq. chatrroan to
[ ' llie London Corresponduig Society.**
y,,^:Mr* Thumas Walker^ president of the
Manchester ConsUtutional Society.
** Sir; — MultipUcity of business prevented
* accrelary from answerinpyour kind favour
ftlie ^jOth ulL We content ourselves this
ay with transmitting to you for the conside-
Blion of the Manchuhlcr Corresponding So*
ciety our intended address to the Ftench Na-
l^ional Convention ; if your society approves
[€f it, ajitl will join U6, the manner in which
l|'oa win do so remains with you ; butweima-
|ine, that the i»ending ufi back a copy of the
s^ si{£ncd by the president and the se-
ctary, staling the number of persons for
^nrhom they sign, will be sufficient to autho-
mze us lo join the name of your respectable
Ijociety with others concurring in the same
rsi^easure, Wc likewise request your speedy
ftnswcr directed as before to T. IL &c»
« M. M. chairman of the C, of D. &c.
" We mean to concert with the London
onsttlutional Society about the best methoil
l|^f conveying and pre!»cnting ttie addre^.
" Oct. 10, 179S,"
** Sir :— The London Corresponding Society
i received your letter of tXxo 6th instant,
ected to their secretary. We arc happy to
-irn your determination in favour of fre^om.
[Ouri>etvt«s to give it atl the countenance we
an afturd, have determined on a friendly ad-
I dress to the French National Convention.
pWe hope the concurrence of many societies.
Vntiened you have a copy of it, and if the
Idifiercnt afhliatod societies in your ner^h-
ilkmrhood witl join us in trui that
hSiark of our approbation to th« it will
ll^nly be necessary tor yoti with aji s|ii;t;d to
jisturn us a copy uf tha address signed by the
ip... ,i..» ,., t .....oi .^.^ or by the deJcgales,
rMi>n» for whom Uiey
^A*^.,. . ..,..» ^wt: commitlec of the
Dudun Corresponding S>o€icty» your y^^ry
bumble gcrvaul. M. M. ch.'*
fTothci ;t Norwich."
'^ Derby Sodciy for PolHieal Infomuitioo.
•• Mr. S. Eyre-
*• tandan mk f>«r. tf92.
'^nyi;^-^ilit i»l«iiiic lit fecknowMgff y<Hir
TruU (^ Thmai Hardy QSBt
favour of the I6th instanti and return you our
thanks for the papers sent us; as also for
those from the new society at Nottinghanif to
whom we wi^h you woiilcl comnnmicatc this
and the inclosed addrc»si?» which our society,
join«d by some others, in lend lopresiul to the
French National a^isembly; we cordially in-
vite your society and that at Nottingham to
concur with us also in the same ; which^ if
you dO| we desire you wdl send us back a copy,
signed by the president and secretary of each
society, and, at the same time, state the Dutn*
bcr of members you reipeclivcly sign for, m
the greater tke number ^ the greater wiU the
effect be,
^ Our hopes are as sanguine as yours, and,
perhaps, our numbers increase as fast : reason
and ^ood order must make us invincible. I
am, sir, for the London Correspondias Society,
" yours, &c. « M. M. cb.
<■ Please to let us have your declsiou as
soon as possible.'^
« Londm Oct. 18, 1702.
** Sir ; — The London Corresponding Society
learn with pleasure, that the Society for Con*
stitutional Information approve of the sjnrit
of our address ; but, tocome back to the point,
we imagine that as you previously had ap.
proved the measure, and that now you ap-
prove the spirit of the address itself, we may
with propriety ask vou, whether you will con-
cur with us in ssnding that address, or whe-
ther you will draw up another, l>ctter suited
to the present circumstances, and permit ut
to join you in transmitting it to the French
National Convention.
** D, Adams, Sec. to the ConstitulJonal So-
ciety."
« NorwkhyNov, til*, 1793.
'* Mr, Secretary -.—Sir, We the society lot
Political Information, are desirous of holding
and strenuously supporting the noble Mntl*
ments which you so lately and friendly di^
peraed among us; and, as we so much admire
i your well adapted plan for a refornjation in
the state, permit n», with the utmost defer*
ence lo your wortliy society, to participetB
with you in all your great national correspoo-*
denco, which your very name promiaes -^^J
maintain ; and, in consequence thereof, >t^^|
humbly desired by the society which I bwV
the happiuesii to represent, to incorporate
three roembcrs with your worthy fraternity £
in doing which^ l shall here inform you of
I their name^ and reaidence, which are wm IoI*
lows ; Mr, Isaac Saint, at tht* Weaver^ mrois^
St. Au£^jstinfs Norwich; Mr. Anthony Cad-
dcwould, cord waincr, near the «>; " mj
Geori»f Kn»pp, near ditto. Out [ ie-
sij^i - doing thiH, '' ■ AL' tiiiY nave
ail ity of koov' > ]kactly wbal
ni:' ' '^* ^^"" "^ -H^ic steps \» '
tal :atbnaia^»ofi
as:;L;L.,.u.. : .tu. ,.-..> .....^* .'> have %
okty to mk suoh lori of t^uestuNis m my
• Jbr High Tfi(i9on*
AikimXf MKioRftbleftnioiig the brethren^
Uyivlicen ive think that pubUcuiions
1 with m tori olobHciiniy in its Ian-
Jt^ as the Sht»rtield peopie's Declaration,
irluch ifiemeil delerfniiied to support the duke
ofRkhmflwJS pbn only; hut since we find
in A p^ ' LLf received from them in a
book, t medu to ^ide by eome mty-
temle ictutiUf us may hereafter be brought
Jbfvmfd by the Friends of the Fe^^iile, which
ht^.' ;' I i lis. Again we find
ipleandtlie Society
• C*' . aion do not exactly
> know the reason:
itteem^ u. ^^li Llie difference was
Ibb-— Um 1 ilie People mean only ft
%^ refii , I tiise tlicy leave out the
4 the duke of Ktchmond's pliui
I tn r u rcfbrm ; while the Man-
lu intimate^ by addressing
Mr. V -II they were intent upon
rapQbiknn pimciplcs only: now, to come
CNier to the main question, it is only debired
to kiMv whether the gencrahty of the socie-
ties mc^n to retit satisfied with the duke of
Richmond's plan only ; or, whether it is their
privmte desizn to rip up monarchy by the
iMl»,and place democracy in its stead, I
tkiil Dow^ aif, give you an exact account of
ulitt plan WQ could wish to obtain, which I
livre alrtady moved for at our general meet-
(till and ^tinal representation of the
' ,% general suH^rage
m>\ parTiamcnis. I re-
t unstitulional Infor-
icjii tt Mr. Basham used
wriu^ to Ihom in lh*j name of the Revolu-
Sortely: if you approve of that appella-
I, V ' kind as to gii-e us a full and
t i ver. I shftir say no mure at
'A friend to peace, not to
♦ r to the nehts of man
jn*cntj and your most
iicm t^ » servant,
I or KKAfP, chairman,
1 Saisjt, isecr*!lary.
.. 1 IK C ADD EWouLD member.
*^ P.S» I should esteem it a favour to be in-
Bid of the town residence of the lords
0>'oa and Loughborough, for a matter of
rralc concern/*
iUidrcssed " to Mr. Thomas Hard^\ to be
~Laitbe &U| Exeter-stroet, Straodi Lon-
' i7en?i;— You! ^ i " * Hth
the secrei the
' ' [!!4tcs oJ ihe L/jiiuon Cor-
'H***ni^ - M > . i M*^r*ire heird of your society,
'%\y to have some further information
mn^il^fi«<^^ »*«- origin, ita principles,
1 lite nuiubi I iTibers ; such an ac*
Ql in yt>»ir J I will cive them great
tfr'i lio not Inoroughly com*
I U' ! Id be possible to incorpo-
I Willi our tockAy Ibrce of your members
A* D. 17«4,
[39*
residing in Norwich, inasmuch ai it would be
impossible to communicate to them at tbiit
distance all our corresipondeocc, and they
could not attend our commilteef, where the
buVmcss IS transacted. If it is informaiicin
YOU want, they vtr^ readily will answer any
i|ue**iioti you may put to them; and,toihiit
end, invite you to a regular correspondenrc.
Ah to the object they have in view, they refer
you to their addressee*, you will therein sec
they mean to disseminate political knowledge
and thereby en^gc the judicious part of the
nation to demand a rebtoraliou of tlieir fights
in annual parfmrnents, the members of those
parhaments owing their election to the un-
Lought and even unbiassed suffrage of every
citizen in possession of his reason, and not
incapacitated by crimes. They consider the
obtaining such parliaments to be tlie ground
work of every necessary reform ; to this there^*
fore they steadily adhere, and turn Ihemselvce
neither to the ri^ht nor to the left, to follow
any other plan whatever; the niles and order
of their society bemg so plain and easy, thai
if they can get a majurily of the nation to
act as they do. the proposed reform will ef»
feet itself. They look upon the trifling dlffef^
ence that may have arisen between the •€•
veral societies to be of very little consequence,
and think they will subsiae without any waji
injuring the cau>ie.
*** They think it a matter of small impor-
lance whatever name you choose to adopt
They advise you to follow their plan, and di-
vide Yourselvf<j into small societies, each of
which to choose a delegate ; the delegates,
when met, to form the committee, and tranv
act the business of the society ; afterwards^
let each delegtUe report to his division the hu*
sincssso done ; let him admit fresh members,
communicate fresh intelligence, encourae*
political discussion, or read to you such books
as may convey the instruction your weaker
members stand in need of; but, above all, be
caretul to preserve peace and good order
among you; let no dispute be carried to ex-
cess ; leave monarch^% democracy, and even
religion, entirely aside; never dbptite on
these topics, let your endeavours go to in*
crease the numbers of those who wish for a
full and equal representation of the people,
and leave to a parliament, so chosen, to form
plans for remedying the existing ubusei;
should they then' not answer your C5ipecta-
tion at the year's end, you may 'choose otlicfi
in their stead. The committee oflcr you
every assistance in their power, but request
that your questions may relate chit*fly lo the
melliods of obtaining a reform in p.irliaincni,
Dke yourselves, they are friends to ptacc, not
anarchy, and wcU-wishera to the right? of
man ; yet not so sanguine in their ex pec la*
tions as to imagine those rights will nc tt*
stored by the spontaneous consent of those
who have so long deprived raank lu,
Understanding that you are m^wy - jfl
Norwich, the committ^ recoo^mia^ J
395]
S5 GEORGE lU.
Trud of ThmOi Hardy
[396'.
to unite upon tlie plan before mentioned ; the
connespondence, tnen carried on bv one com-
mittee, will serve you all : they, likewise re-
commend the appointment of one of the least
conspicuous of vour members to receive such
letters as mav be sent to the society, lest, if
he be well known about your town to be a
member, some interruption might take place
in the delivery.
** I am, for the London Corresponding So-
ciety, most sincerely, fellow citizens, your
fellow- labourer in the cause of freedom,
'< M. M. chairman,''
f'The Committee of the Friends of the
People.
'' Londonj the Itt February, 1793.
** Gentlemen ;— We are instructed by the
committee of delegates of the London Corres-
ponding Society to express the satisfaction
they experience in finding, by your answer to
our letter, that your society are willing to
communicate freely with those whose friends
they profess themselves to be : not the less
determined to obtain the desired reform, had
you refused to act in concert with us, we yet
freely acknowledge that your concurrence will
add great weight to our so just demand. Leav-
ing tiie distinctions of rank, talents, and for-
tune^ entirely out of the question, on a sub-
ject m which every man is equally interested,
all must be convinced, that when members of
- puliamen^ demand a reform, abuses certainly
exist ; and that when men, distinguished for
their knowledjge of the laws, join m the pur-
suit, its constitutionality is suflicicntly war-
ranted.
" NVith you we think, that * the common
' happiness of air is the only constitutional au-
thority laws can claim — thai laws so founded
must meet the affections of the whole nation
and that those who seek the most efiectual
means of obtaining such, * equally promote
* the present peace and the future prosperity of
'their country/
" Venerating with you our excellent con-
sUtution, wc are firmly persuaded the resto-
ring it to its primitive purity will be found a
surocient rcme<iy against every abuse we com-
plain of. Did wc, however, deem less highly
of its principles, we could not be brought to
think ourselves so greatlv degcncratedas to
lie unequal to the renewal of a task which our
forefathers undertook, without fearing it would
prove beyond their strcn^, not to disgrace
them by supinely submitting to a total over-
throw of the glorious fabric, reared by their
valour and cemented with their blood, from
premature apprcliensions of < the tempest tliat
'might ensue' m a conflict of oppression aeiiaict
|;enml good — ^pecuniary interest, and life
Itself, are never to he brouglit into competi-
tion with Uber^.
«WBthuikmiK alyftr sour kind «d-
evince— we have never departed from lent
obedience, and have thereby frustrated me
evil designs of all those who militate against
reform.
" You acknowledge, that ' to msh success
' to the cause of freedom is congenial to tiie
'heart of a Briton,' instead t}]uBrefore of ad-
mitting your argument against our havine
published such sentiments by a friendly a£
dress to the National Convention of France,
that you, that all other societies, that the
whole nation did not catch the generous-
flame, and follow our example — as to the
handle likely to be made of it by our corrupt
opposers ^and well we have noted them), let
them use it like most of .their other machina-
tions, it will only accelerate that which they
dread.
^ We must observe, that at a time when
the enemies of mankind are exerting ever^-
power to crush the infant eftbrt of Freneh li-
berty, it became our duty, as friends to hu-
man happiness, to express the just abhorrence
we entertained of a manifesto which we con-
ceived aimed, not so much at tlie liberty of
France as at the liberty of tlie world. But
to make any particular comments ^upon that
manifesto is now unnecessary, as it might be
unsafe — we only wish every Briton to peruse it*
" Regardless of any evil intention, which
the niaUce of our enemies may attribute to
our conduct, we remain conscious of our rec-
titude ; and that we therein acted up to the
firee, open, manly, eenerous national charao-
ter of Britons — a character which oppression,
assisted by enervating luxury, has not yet
been able to entirely extinguish.
*• Unnoticed, however, you have passed
over our statement *of abuses, our addresses
to the nation, our demand of protection, ad-
dressed to those whose duty it is to afford i^
and our answer to the calumnies of Mr.
Reeves*s association, we request your notice
of them. Pressed likewise by our numeroue
country correspondents to give them au-
thentic information of what measures you
mean to pursue when you mean to be-
gin, and how far you intend carrying your
proposed reform; we beg your explicit
answer on these heads, and that you witt
enable us speedily to rightly inform the coun-
try thereon — no ways cioubting, but that from
your answer, we shall be enabled to assure
them tliat you arc really what your title im-
|H>rls, the Friends of the Feop/e, for many
thousands of whom, in the name of the Lon-
don Corresponding Society, united in one
common interest and pursuit, with many
other societies in different parts of the islancU
alu^ther forming no despicable number of
useful members of society; — we have the
honour of subscribing ourselves, your fellow*
labourers, and humbiB servaot^t.*'
« Sir;— I am diiccled by the Society of the
FkiMMlt of the People to acknowledge thera-
' " * r, dttod Fdvuuy if V^k
Jut High Tmucfh
hxvmg pXtdgBAomteiye^ hr our public acts and
ilocumcQU^ to use every cniort in our power for
tt(C purpose of obtai Di ns a com pie te. ^W tanUa),
anil r^oical refonm of the rcprcsenuiion vHhe
people in pa ^ we never can be sup-
posed to ha lertid to any otbef body
of men the citrcise of our own discretion,
with r««pect both to the plan which we
4eem most effectual for the purpose, and the
time which we may think must favourable
fiif ,.ft,.^,r.,, ii iQ tjig public ; at present we
t> to make public uur views on these
iULj,^: , i^uuld be lo furnish arms to our
mktmieatf und to injure the cause in which we
^^«l engaged* The period, however, is pro-
^^■pl>ly not very far distant when these parti*
Pillars will be niadeknown to the public; it
f 5 sufficient now to express our confidence,
that that moment will prove by evidence
more substantial than professions ; that we
wiU propoise no plan of reform which is short
of aa effectual destruction of abuses in the
mpretentation of the people, and that we
hiife honestly exerted every iaculty we pos-
IMS in choosing ilie time most favourable to
tW »jcces5 of our plan.
" >Ve have learned, with alBiction and in-
digpalion, the arbitrary and unconstitutional
jQlortupiioo of meetings of citizens, peaceably
and lawfully assembled for the discussion and
maintenance of their rights. We have ev6r
ticwcd with utter disapprobation both of
didr prtflciptcs and proceedings, tbe associ-
ilklis who have been the autKors or instru-
mtnlS of this persecution. Their principles,
inellitok^ are repugnant to the free spirit of
the Engltsh law; and their conduct^ we think,
bts bevo a4 iojurious aud oppressive, as the
iriDcirlc of their institution is unconstitutional
aiid iilMurd. But deeply penetrated as we
«B with tiiese sentiments, we neither pos-
iCMod power nor le^ competence to inter-
Me f*--' thp Timtection of an individual, suf*
Jcnag r the most unjust prosecu-
lioD, V lit therefore feel ourselves
bluoeahle for inaction in cases of which the
fBTticTTlaf- vrrrt nrvrr bid before us, and in
'^■' ^»cen perhaps impossible,
« . * i| for us to have inter-
fered.
_ **Wtdo not think it necessary to make
^^H|[MrtktilarrtL;. ^ those publications
BM&mi you tttve I we are not calle^l
p^^p4Ml to proDonrjcc iin v ludgment on the pub-
of individuals or societies j and
t we may lam^*-* •'"' ■---" ^s of
tome of you( i lia,
oweft)rts iT»i>^t n.N I ^^, the
olgeel of LI on of an
Of2aJ3fuii>' :is].u.l'jn,
*- W
sliW
ftfia 11^ who were bohciious
tboat ' ^Afent of our plans of
I fri;such solicitude to
iosen tlie indirect
4iia m&uiigu^ ciiaiLuci oi any other society.
A. D. 179*.
[398
Had tltey applied to the Friends of the Peo-
ple directly^ they would a^Hurcdly have re-
ceived every information compatible with
prudence, and with a due regard to the suc-
cess of our rommon cause.
" On the subject of your correi^pondeiKe
with the National Convention of France, we
freely communicated to you our optuion in our
last letter ; wc see no reason to change the
sentiments which we then express^ed ou thie
prudence and tendency of thiit measure, lor
though we not only * acknowledge,* but atow
with pride, * that to wish success to the causa
* of freedom is congenial lo the hvart of a
* Briton -/ yet we cannot think thut men ei**
gaged in £o momentous a cause, as that oi
parliamentary reform, are entitled lo u\*ikv
public declarations, even of their must vir-
tuous sentiments, in any manner which may
injure that cause, serve the purposes, and
slrengtlien the pretexts of its enemies. Far
be ittrom us to treat with severity and rifronr
even those errors and indiscretions into witiii
men may be betrayed by a generous zeal for
the cau^e of freedom, but surely it cannot be
denied, that the correspondence of societies
in this country with public bodies iu France,
has furnished the most specious pretences to
interested men, for confounding a virtuous,
sensibility lo the interests of liberty in other
countries, with a criminal intention to intro-
duce disorder and civil commotion into our
own ; it is chiefly by the help of this pretext,
that designing men have so successfully prac-
tised on the alarms of the public, and that
timid honesty has been rendered the dupe
and the instrument of corruption. But on
this subject all further remark is now become
unnecessary, as every good citizen must now
feel himself precluded from all political in-
tercourse with France (for a period which wn
earnestly pray may be very short), by a warp
the principle of which we utterly disapprove,
the mevitable evils of which we deeply de-
plore, and at the possible consequences of
which we tremble. Among tlie most wis©
and honest fiicnds of liberty there must arise
frequent differences of opinion and of conduct;
and these differences, the natural effect of an
independent judgment and independeot spirit,
are perfectly compatible with nmtuitl confidenoa
and co-operation: when indeed designing per-
sons avail themselves of such differences^ to sow
distrust, and lo insinuate ' r - ■ •- i^iinst the
characters and intcnticii it ;s then
only that they become pt r . , i . . - - 1 1 «' i ( r ; < > 1 1 -3,
Against practices which might pr' i
a spirit of disunion and distrust,
almost unnecessary to warn the i
liberty, at a moment when our cs. *
so formidable and so united. Th^ have;>a4.f*-
ficed all inferior intrrt'Sts and all mrmer differ-
ences to their comm il, in pcrpetuiii-
ing abuses and cm Let it not be
said, that mo? * '^ ' '
powerful iufli'
that the love ui
lUat uDi^n among her frieiKls, iM^bich In her
eoemies has arisen from the mot>t abject and
sordid paB»ioDS«
*' It seems scarce necessary to represent to
the Ixmdon CorrespondiDg Sociely the pe-
culiar necessity of circutnypcction and mode-
ration^ at a moment when the most venial
indiscretion of the friends of reform is re-
marked with such malignant watchfulness,
mod converted into an argument against the
cause of relbrm itself.
" He muAt surely either be a secret enemf,
or an unsafe and pernicious friend of that
cause, who could prompt you to any thing
that could be construed mlo indiscretion, or
who would labour to sow distrust among the
small number of those who now appear in
behaif of freedom in England, at a period
when a persecution is earned on against the
friends of reform at home, and a war is com-
menced, which in ils progress may combine
the arms of England witli those of powers
engaged in a crusade against the general U-
berties of Europe. — In name and by order of
the committee, Edwakd Jer. Curteis,
** Chairman of the committee.
•' No. 52, Frith-Street,
February 15, 1793.
'*To Mr. Thomas Oardy, secretary to the
London Corresponding Soaety.''
Mr, Edward Lautun deposerd, that he found
the following paper m Mr. Hardy's house.
** Sir ;— The committee of Ibe Ivondon Cor-
responding Society have it present to acknow-
kdgc the receipt of your letter of the 15lb of
February.
" With pleasure we perceive your society
not unwilhng to keep up a correspondence witn
us, yet at the same time we are Mjrry thai
you should appear to be hurt by the plain
ijtiestions we put to you in our last ; to ask of
you what measures you mean to pursue in a
matter which concerns us all, is ccrlamly no
wa^b calling upon you to surrender up to our
w^cicty* or even to the public at large, your
discretion ; nor can we conceive that a body
of men having pledged themselves to the
public, can be a sufficient security to that
public to repose implicit confidence in them,
without being made further acquainted with
the nature and extent of the plan you mean
1o pursue, in order that we the people may,
if we approve it, co-operate witn you ; the |
extent of your proposed reform we apprehend
is alitjady determined upon, and we can dis-
cover no advantage hkely to result from its
secrecy ; on the contrary, if we are to ask for
ourselves the same thing which our frifi^nds
mean to a^k for us, the Utter must receive
their instructions from us, or w*c must be di-
rected by theui ; in i^ither rn^v there mu^t be
no secrets ; we Uv 1 1 the per-
manency of a re) d on the
i£quiitceiic€ of the public, wliu irely
iMflMraliAg ob enry ihiog pi Aim
have found yottr pbn the moat tbeM and the
best that couM possibly be laid down. The
business we are engaged in is of too impor^
tant a nature to admit of re»erte or disguise ;
we will therefore, by the fivftkness of our be-
haviour, show ourselves worthy the friend*
ship of a society of honest men endeavouring
to serve then' country, and plainly fell yo«
our country correspondents did not desire us
to inquire of you what you meant to do^ btit
fairly askedf us whether we thought yoa ho^
ne^t? whether wo thought you meant to
serve a party^ or the nation? whether we
imagined you mtended a fiarUal or a complete
reform ? Addressed in this manner to us, and
blunt as these questions may appear, they have
nothing in tliem which can possibly offend
you, the people having always an undoubted
right to scrutinize the character and princi-
ples of those who call themselves their friends,
and, as such, avow an inleniion of brinpog
forward measvires in which we are all so
deeply interested. As to the furnishing our
enemies with arms by a disclosure of our in-
tenUon, we cannot conceive that demands^
founded on conslilulional rights, can lose aoy
of their force by being made public. Heasoa
(virt$ acquirtt rundo) to trmmph requires
only to be known ; and as none of the peo-
ple's demands are founded on fallacy, to take
the enemy by surprise would be unworthy of
the public champions, and moreover, per-
fectly needless when inrth .jfid reason must
imavoidably bear down all before them with-
out the assistance of guile.
** Under the idea tliak, where you say * you
* neither possessed power, nor legal compe-
* tence to interfere for the pfotecfion of an
* individual, suffering under the iiiu!*t uiyusi
' prosecution,' you allude to the case of our
bill sticker, we must beg to set you right, and
to inform you wo never, as a 94>cicty, sougiht
the interference of any body of men ; on uie
contrary, we are firmly persuaded, bo^'^^r
hard such cases may bear upon individtialt^
they will eventually prove of service to Ihft
public, nothing having a greater tendency
towards rousing the country from its too pr^
valent apathy, with regard to stretch of prero»
gative and abuse of power.
" As to our Address tothc Frent^ ** '' ; ul
Convention, we imagine it best to ^ rei
about it at present, only that if it ii,\^ HiTui^ti*
ed pretexts to dcsij^ning men, it ha« only s»y-
ed them the trouble ot seeking excuses ebe^
where : but such men, cveu wjihout our aid,
would have been at no loss ; at the same timey
we are to believe the plan fiit war^ if con-
ceived before then, was bv no means accele^
rated thereby; — intended as prcvenlativrs,
addresses might have been cffcrttnl, if tliey
had not been more general' h tbe
only fault therein, that by u i idca^
the addressers gave credit to tl)c imuuu for m
greater degree of energy than it really po»*
aessed. We agree with you^ that imtt/ «f
a«Qliment b no way in^mpatible wllb flinfb
4BI\
Jbr High Treaam.
A. D. 1794-.
[4G2
sityofopinioQy mnd that the latter is natural
to kidepcadent minds; with the same ob-
ject in view, their mode of pursuing it will
undoubtedly differ; with caution, tnerefore,
we will watch over those who wish to sow
the seeds of unnecessary distrust among
iHy and will at the same time take good care
thai the doctrine of implicit confidence may
not gain ground among us ; full as much as
yourselves, we plead uie necessity of union
«nonj the friends of liberty, but lament
that It is prevented, or at least retarded
in many instances by the very same thing
that promotes it among the enemies of re-
ibnn» namely, interest; with them, all their
interest is ror the continuation of abuses,
while to some of us a reform must be attended
with pccuniarv loss, and many others would
lose their employ, their daily bread, were it
known they took an active part; thus, the
•une motive, assuming on one side the ap-
peannce of a virtue, gives emulation to bad
■ten, and on the other, in its vilest but most
nstnnl form, stays the progress of those who,
«ith the best intentions, Islbour to save their
" We thank you for your kind and prudent
aifioe, enjoining us moderation and discretion
•ttUs critical moment, when every impru-
daoe in the advocate is liable to be rendered
mudicial to the cause itself."
Mr. Gnrra9Q4 — It appears by its contents to
kan answer to Mr. Curteis's letter.
Aktundtr Grant, — ^Examined by Mr. G arrow,
I believe you are by business a printer ?--
Yes, I am.
Did you at any time, and when, become a
nember of the London Corresponding Society ?
—Yes ; I believe in the beginning oftlie year
To which of the divisions of the society did
^ belong ?— I think it was No. S.
Where were the meetings of that division
yMf^-KX the house of a Mr. Dyde, at the
Bell in Exeter-street.
Name some of the persons who frequented
those meetings of the divisions. — ^Therewas
Mr. Margarot used to be one.
What character was Margarotin the society ?
—He was conceived by mc to be president of
tbe division.
Did be act as such P— Yes.
Who else ? — Mr. Uichtcr, Mr. Moore, and
aeferal others that I do not recollect. I knew
my few of them. I think Mr. Bydc, the
master of the house, was a member.
Were you applied to at any uf those meet-
ings to print any papers for tlic divisions^
or for the society at large?— I was not at lliat
time.
When were you, if ever, applied to to print
aj? — I was applied to some time in the
■iddle or the latter end of the year 1793.
Whom was that application made to you
by^— I believe by Mr. Gow.
Was thfttmpfdKttkm made by him at the
VOL. XXIV.
society, or at one of the division meetings ? —
I do not know positively, but I know I re-
fused to print something that was shown mc.
I do not ask you the contents of that paper ;
but did you afterwards print any thing else
for the society, which you were paid for by
any ol' those persons that you have named ? —
Yes : I printed a posting bill.
Upon whos^ application did you print that
postmg bilH-^Mr. Kichter. I read it over
with Mr. Richter ; and I agreed to print it,
and did print it.
Do you mean the same Mr. Richter that
you have named as a member of the society ?
-Yes.
Did you ever see Mr. Richter at any of those
meetings of the divisions at which the prisoner
attended?— Yes.
You say you undertook to print that which
Kichter applied to you to print. — Yes ; five
hundred copies.
Who paid you for them ?— Mr. Hardy, the
prisoner.
Were there any directions given yon as to
the time by which they would be required to
be printed? was there any extraordinary expe-
dition required? — ^They were ordered to be
done as fast as possible ; and I recollect when
they were done I ordered them to be sent toMr.
Hardy's ; and I imagine my order was com-
plied wiQi.
How soon after you liad ordered them to be
sent to Mr. Hardy's did you see Hardy ? — I
dare say it was two or three days after.
Did he pay you for those which you had
ordered to lie sent? — Yes; but they were
sent back to my house.
Did he pay before the order came for send-
ing them back to your house, or afterwards .'—
No. I was paid afterwards.
And then the papers were returned to your
house? — ^I'hey were retunitd the very same
day they were sent.
What became of them after they were sent
hack to your house? did the circumstance
which you were about to state come to your
knowledge from Hardy, or did you ever con-
verse witli him upon that subject ?— No :
never.
Do you know of your own knowledge
what became of the pajKirs after they wen:
returned to your house ?— They were given by
my warehouseman to one Carter to stick up
in the streets.
Mr. Kt shine. — Did you see them given ? —
No.
Mr. C»finozc.—T)o you know in fact that
jiny uf those bills that you printed, and which
Hardy pnid you for, were sluck up in the
streets of this town? — No; I could not swear
that, for I did not sec any to the best of my
recollection.
Had you any conversation with Mr. Hardy
respecting those papers which Carter was
sujiposed to have had something to do with?
—Yes.
What passed between Mr. Hardy and v^vv
2 D
403]
35 GEORGE UL
Trial of Thomtu Hardy
lAOk
upon thai subject ?— Mr. Hardy iuformed me
that Carter had been taken up.
You bad given orders that these bills should
be delivered to Carter ; were they in fact deli-
vered out of your possession after they were re-
turned from Hardy's?— They were not deli-
vered by my order to Carter.
Were they delivered out of your possession ?
—They were.
After that Hardy told you Carter had been
taken up? — Yes, for putting up those bills,
which I told him I had been informed of be-
fore.
For putting up the bills, where ? — ^Up in the
streets in this town.
Did any thing more pass upon that occa-
sion ?— No.
Do you know that Carter was in fact in pri-
son for posting up those bills ? — I heara it
from Mr. Hardy. I never saw him in prison.
Look at this, and tell us whether this is
one of the bills that you printed ?— Yes, I be-
lieve that is the very identical bill ; I have no
doubt about it.
Had you any conversation with Mr. Hardy
with respect to any other papers which you
had been applied to to print, and which you
had refused to print— did Mr. Hardy say any
thing to you about your having declined to
print for the society ? — He did al^ut an addi-
tional order that I had.
• The first order you complied with was for
five hundred ?— Yes.
Who gave you the additional order? —
There was an order brought,! cannot tell by
whom, to me, for five huiKlrea large bills, and
a thousand small ones.
Had you any conversation with Mr. Hardy
about that additional order? — ^Yes: he said
he had heard that I refused to print them.
Had you refused to print them ? — ^I had ac-
tually refused.
How long did you continue a member of
the society after you had refused so to print
for them ?— In fact, I had not frequentea the
society for some time before that : I believe
that was in the end of November, or the be-
ginning of December.
How much was the sum he paid you ? —
Two guineas.
You named Mr. Margarot as one ofthe per-
sons psesent at those meetings: in what
character did he act ? — He acted in the capa-
city of president ofthe dclegiites.
In what character did the prisoner. Hardy,
act ? — As secretary of the division, and like-
wiiae as secretary of the society itself, I be-
Keve.
Lord Chief Justice fJyrc— Was there any
secretary to the division ? — I do not know ex-
pressly; for I only was twice or three times
at the furtiiest among the delegates.
Lord Chief Justice £yre.— And it was
there that Hardy acted, was it?— He acted as
secretary to the society at large.
Lord Chief Justice £yre.— Where was it
that he acted N-At Mr. fiyde'8.
Lord Chief Justice Eyre, — ^Do you mean
that that was a meeting of the division or of
the deleptes ? — Of the division.
Mr. Garrow, — Were you ever at the Uni-
com ? — ^Yes ; I was there once.
Try to recollect any ofthe members yon
saw tlicre ? — ^Therc were a great many there;
I knew veiy few.
Lord Chief Justise Eyre, — ^Was that a divi-
sion meeting, or what ? — 1 believe it was the
same society moved firom the Bell to the Uni-
corn, the same society or the same division
that was there,
[The address read.]
'' Address of the London Corresponding
Society to the other Societies of Great
Britain, united for the obtaining, a reform
in parliament.
'' Friends and Fellow Countrymen; — Unless
we are greatly deceived, the time is approacl>-
ing when the object for which we struggle is
likely to come within our reach. That a na-
tion like Britain should be free, it is requisite
only that Britons should will it, to become so.
That such should be their will, the abuses of
our original constitution, and the alarm of
our aristocraUc enemies, sufficiently witness^
Confident in the purity of our motives, and in
the justice of our cause, let us meet false*
hood with proofs, and hypocrisy with plain-
ncss, let us persevere in declaring our princi*
pies, and misrepresentation will meet its due
reward — contempt.
'' In this view, the artifices of a late aristo-
cratic association, formed on the 20th instant,
call for a few remarks, on account of the de-
claration they have published relative to other
clubs and societies formed in this nation. It
is true that this meeting of gentlemen (for so
they style themselves) have mentioned no
names, instanced no facts, Quoted no autho-
rities ; but they take upon tncmselves to as-
sert, that bodies of their countrymen have
been associated, professing opinions favourable
to the rights of man, to liberty, and equality ;
and, moreover, that those opinions are con-
veyed in the terms, no King, no Parliament-—
So much for their assertions.
'' If this be intended to include the socie-
ties to which we respectively belong, we here,
in the most solemn manner, deny the latter part
of the charge ; while, in admitting the former,
we claim tlie privilege and glory in the cha-
racter of Britons ; whoever shall attribute to
us, who wish only the restoration of the lost
liberties of our country, the expressions of No
King, No Parliament, or any design of invad-
ing the property of other men, is guilty of a
wilful, an impudent, and a malicious false-
hood.
** We know, and are sensible, that the
wages of every man are his right; that diff^
rencc of strength, of talents, and of industfjj
do, and ought to afford proportional disttno-
tkuis of property, which when acquired and
confirmed bj the lawsy, is sacred aid innoto-
toq
for High Treason.
A. D. 1794.
[406
bie ; we defy the most slavish and malevolent
man in the meeting of the 20th instant, to
bring the remotest proof to the contrary. If
there be no proof, we call upon them to jus-
tify an insidious calumny, which seems in-
vented onl;^ to terrifi^- independent Britons
from reclaiming the rightful constitution of
their country. We aamit. and we declare,
that we are friends to civil liberty, and there-
fore to natural equality, both of which we
consider as the rights of mankind. Could
we believe them to be ' in direct opposition
* to the laws of this land,' we should blush to
find ourselves among the number of its inha-
bitants ; but wc are persuaded that the abuses
of the constitution will never pass current for
its true principles ; since we are told in its
fint charter, that all are equal in the sight
of the law, which < shall neither be sold, nor
' n&med, nor delayed, to any freeman what-
'loever;' should it ever happen that 'right
' and justice* are oj^P^sed by expense, by re-
finaly-OT by delay, then is this principle of
eqoality violated, and we are no longer free
*! Such are our notions of those rights
which it is boldly maintained * are inconsis-
' lent with the well being of society/ But
let us not suffer men who avow no principles
cf liberty^ whose favourite cry is inequality of
poperty, to estrange others of our country-
men from aiding us in serving the community,
and ifom recovering to the nation that share
of Its. sovereignty which has unhappily been
acrificed to corrupt courtiers and intriguing
boroo^bmongers.
" U our lawB and constitution be just and
vise in their origin and their principle, every
demlion from them as first established, must
be injurious to the people, whose persons and
IMoperty were then secured; if at the revolu-
tion this country was adequately represented,
itb DOW so DO longer, and therefore calls
ikiud for reform.
** If it be true that the people of Britain are
aipcnor to other nations, is it that our taxes
are less burthensomc ? or that our provisions
ne less expensive? is it from the various
productions of our soil that we are rich ? is it
owing to the majority of our numbers that we
arettrong? Certainly not. France has the
idvanta^ in all these respects, and, up to
this period, she has never been our superior
in wealth, in power, in talents, or in virtues.
But let us not deceive ourselves, the difference
betweeD us and that nation was formerly,
Ifait our monarchy was limited, while theirs
WIS absolute; that the number of our aristo-
cfB^did not equal the thousandth part of
theirs; thaiwenad trial by jury, while they
had none; that our persons were protected by
the laws, while their lives were at the mercy
of ewery titled individual : we therefore had
that to fi^t for which to them was unknown;
mm we were men while they were slaves.
** The aoene iDdeed has changed ; hke
ov bnve aacestora of the last century,
they have driven out the femily that
would have destroyed them; they have
scattered the mercenaries who invaded their
freedom, and have * broken their chains on
* the heads of their oppressors.' If during
this conflict with military assassins and do-
mestic traitors, cruelty and revenge have
arisen among a few inhabitants of the capital,
let us lament these effects of a bloody and
tyrannous manifesto, but let us leave to the
hvpocrrte pretenders to humanity, the task of
blackening the misfortune, and attributing to
a whole nation the act of an enraged popu-
lace.
" As we have never yet been cast so low
at the foot of despotism, so it is not requisite
that we should appeal to the same awfiil tri-
bunal with our brethren on the continent
May our enmities be written in sand, but may
our rights be engraven on marble I We de-
sire to overthrow no property but what has
been raised on the rums of our liberty : we
look with reverence on the landed and com-
mercial interests of our country, but we view
with abhorrence that monopoly of burgage
tenures, unwarranted by law or reason in this
or any other nation in Europe.
" Let us then continue with pleasure and
firmness in the path which is begun ; let us
then wait and watch the ensuing sessions of
garliament, from whom we have much to
ope, and little to fear. The House of Com-
mons may have been the source of our cala-
mity, it may prove that of our deliverance.
Should it not, we trust we shall not prove un-
worthy of our forefathers, whose exertions in
the cause of mankind so well deserve our imi-
tation.
(Signed) Maurice Margarot, chairman.
Thomas Hardy, secretary.
** London,
29th Nov, 1792."
Mr. Edward Lauzun. — I found this paper
in Mr. Hardy's house.
[It was read.]
**4M March, 1793.
"Sir;— The London Corresponding Society
have at present to acknowledge your last, and
to answer more fully your preceding letter.
" With regard to petitioning parliament, we
are unanimous in the opinion that such a pe-
tition will not produce a reform ; yet, from
many considerations, we are now |)ersuadcd
that, if every society in the island will send
forward a petition, we shall ultimately gain
ground; for as much as it will force tlie
present members of the senate to repeatedly
discuss the subject, and their deliberations
printed in the difierenl new&p«ipers, will most
naturally awaken the public mind towards the
object of our pur&uit . The nation once in-
formed tbdt a reform in parliament is sought
for froui dilicrent quarters, .gives rise to de-
bates in the liuii^e of Commons, and is ac-
knowledged by every rank to he wanting,
will begin to exercise their own rcobon ou
407]
35 GEORGE lU.
Trial of Thomas Har^
[409
this subject; arrived at that period, we pre-
sume our business will be nearly accomplished.
" Let us then closely follow up our Not-
tingham brethren ; let every society petition
separately ; let every week furnish a fresh pe-
tition, and atl'ord a fresh debate. Wc seek to
open the eyes of the public : petitions on our
part, and rf jections on the part of the minis-
try, will effectually do it : we therefore highlv
approve of your idea, and will ourselves fal-
low It up, and recommend it to all the other
societies we correspond with; and, withal,
we recommend to you that no time be lost in
so doing.
** With you, we lament the evils of an im-
prudent and inconsiderate war — a way rather
eagerly sought for the advancement of private
ends, than carefully deprecated from conside-
rations of public good; a contest unfavourable
to this country, whether either France or des-
potism gain the upper hand. We join with
you in gratitude to those worthy members of
cither House who have endeavoured to avert
this national calamity, to whom we have
likewise returned our public thanks ; and we
remain, with sincerity and alfection, — your
friends and fellow-labourcrs,
«( . »
No signature.
Addressed " Mr. William Carnage,
Sheffield."
Mr. Edward Latizun* — ^I found this paper
in Mr. Hardy's house.
Mr. G arrow. — ^This is a draught of a letter
toSkirving; the original letter was found in
Skirving*s possession.
[It was read.]
" Ix>ndon, May 17, 1793.
'* Sir ; — ^The London Corresponding Society
eagerly seizes the oj>portnnily of Mr. Urqu-
liart returning to Edinburgh to request of
3'our society a renewal of correspondence, and
a more intimate co-opcratiun, \\\ that which
l)Oth societies alike seek, viz. a reform of par-
liamentary representation. We are very sen-
sible that no society can of itself bring about
that desirable cnd.*^ Let us therefore unite as
much as possible, not only with each other,
but uith every socictv throughout the nation.
Our petitions, yon will have learned, have all
of them been unsuccessful : our attention
must now, therefore, be turned to some more
cifectual means. l'*roin your society we would
willingly learn them ; and you, on your part,
may Jepcnd upon our adopting the lirmcst
means, provided they are constitutional : and
we hope the country will not be behind hand
with us.
** This war has already opened the eyes of
many, and, should it continue much longer,
there is no answering for its cflccts on the
minds uf the people.
" Our society has met with much persecu-
tion; nevertheless, we go on increasine in
nuiobers and political knowledge. Wishing
you and our cause all success, wc remain most
cordially,— sir, for the London Corresponding
Society, your friends and fellow-labourers^
(Signed) M. Maboarot, chairman.
Thomas Hardy, secretary.
^ No. 9, Piccadilly.
" To the secretary of the Society of the
Friends of the People, Edinburgh." AddressoL
on the back thus :
^' Mr. William Skirvin^, secretary to the
convention of the Friends of the People,
Edinburgh.''
[The answer of William Skirving read.]
Indorsed, '' Received the 10th of June,
1793; answered the 20th of July."
« Edinburgh, 9SthofMay^ 1793.
"Mr. Hardy; — Sir, Mr. Urquhart did me
the pleasure to call on Thursday afternoon,
and delivered your letter of the 17th current.
J am much pleased with tlie contents of it,
and shall lay it before the first meeting of our
societies here, which however does not take
place till Monday seven-night. I woukl
have acknowledged the receipt of your fiivour
bv yesterday's post, but was too much em-
{uoyed in removing our household to another
odging to attend to any thing else.
" if either you in England, or we in Scol«
land should attempt separately the reform
which we, I trust, seek to obtain, we should,
by so doing, only expose our weakness, and
manifest our ignorance of the corruption
which opposes our important undertaking.
If we sought only the extirpation of one set of
interested men from the management of na-
tional aifairs, that place might be given to
another set, without affecting the vitals ad«
verse to the system of reform. These might
be easily accomplished ; but to cut up deep
and wide rooted prejudices, to give enectual
energy to tiic dictates of truth, in favour of
public virtue and national prosperity, in oppo*
sition to self and all its interested habits, and
to withstand and overawe the tinal efibrts of
the powers of darkness, is the work of the
whole, and not of a part ; a work to which
mankind, till this awful period, were never
adequate, because never till now disposed to
fraternize ; not merely, or only I trust, from
the sense of the common danger to which
we arc ex|>osed, but from the ennobling prin-
ciple of imiversal benevolence.
** I kuow no greater service that I can do
my country, than to promote the union you
so wisely desire ; and 1 am luippy to assure
yuu that I have hitherto discovered no senti-
ment in our association adverse to the most
intimate and brotherly union with the asso-
ciations in England.
<* I think the minds of all must, in the
nature of things, be now turned to more efiec*
tual means ot reform. Not one person was
convinced of the necessity of it l^ the most
convincing arguments of reason, together with
the most unequivocal eaprssaians oif univecnl
409]
^r High Treatou.
A. D. 1794.
[410
desire ; what then is to be hoped for from
repetition ? I am only afraid that the bow in
England against reform was so contracted tliat
in returning, it may break. You would wili-
ioglv learn, you say, from us: I own that we
ought to be forward in this : we have at once,
in ^reat wisdom, perfected our plan of organi-
sation ; and, if we were in the [same mde-
pendent state of mind as the people of England,
we would be able to take the lead. The
associations with you are no more, I fear,
(excuse my freedom) than an aristocracy ibr
the good of the people : they are indeed mo-
derate, firm, and virtuous ; and better cannot
be : but we arc the people themselves, and we
are tlie first to show that the people can both
judpe and resolve, if undirected by faction,
with both wisdom and moderation.
'* I have not a higher wish, in the present
exertions for reform, than to bee the people
universally and regularly associated, because
I am persuaded tnat the present disastrous
engagements will issue in ruin, and the people
then must provide for themselves; and it
would be unhappy, when we should be ready
to act with unannnity, tu be occupied about
organization, without which, however, anarchy
must ensue. We will not need but to be
prepared for the event, to * stand and see the
* suvation of tlie Lord.' Let us therefore
take the hint given us bv our op posers ; let us
be^ in earnest to make up our minds re-
lative to the extent of reform which we
ought to seek ; be prepared to justify it, and
to controvert objections ; let us model the
whole in the public mind; let us provide
every stake ana stay of the tabernacle which
we woidd erect, so that when the tabernacles
of oppression in the palaces of ambition are
broken down, under the madness and folly of
their supporters, we may then, without anar-
chy and all dangerous delay, erect at once our
tabernacle of righteousness, and may the
Loid himself be in it !
" How hurtful to the feelings of a reflecting
mind to look back to the wretched state in
which the lioman monarchy, enfeebled and
broken by its own corruptions, left the nations
which it had subjected ! like ' sheep without a
' shepherd, they soon became a prey to every
• iavaoer, because there was none to gather
and unite tliem: had they, ioiesecing the
evil, associated for mutual dclcnct^, no roblicr
would have been able to enclave Ihcm ; thev
would have given laws to all parlies, :is well
as to themselves; all separate coloni«:s and
nations would have sought their alliaiire : but
not having virtue to associate and hcul the
divisions, and root out the selfish spirit, which
ambition-fostering governments procure to
their subjects, theyicll under oppressors, from
under whose iron sceptre they have never yet
been able to deliver themselves.
" Wc may suppose an event which we de- j
pnecate; i»y, should we not be prepared for j
tveiy ppsfliblc issue of the present unprece- \
dcQted divisions of niankmd, wc have a right i
to be apprehensive of the abilities of our own
managers, who are so afraid to depart from
Erecedent, that, like men of detail, they may
e inadequate to the task of preserving the
vessel from shipwreck, now grappling with
danger, not only great, but new and uncom-
mon. If the present ministry fail, who after
them shall be trusted ? It requires little pene-
tration to see the anarchy and discord which
will follow : it will be such that nothing short
of a general union amons the people them*
selves will be able to heal: haste, therefore,
to associate, at least to be ready to associate.
If then, such a broken state of tilings shoukl
take place, the civil broils that wouldnecessa-
rily ensue, would soon subside before Uie
united irresistible voice of the whole. Do
not, I entreat you, hesitate thinking such a
work premature as yet : but a month, and
then it may be too late. A maligiiant party
may be already formed, and only waiting for
the halting of the present managers ; it will
then be too late to seek to subject to delibera-
tion, at\er a party has dared the act of rebel-
lion. If you jgo no further than separate
meetings in diiferent towns, we will not be
able to confide in your confraternity, because,
while in such a state, you may be but the
tools of a faction. We could have all confi*
dence, and unite with all affection in one
assembly of commissioners from all countries
of the world, if we knew they were chosen by
the unbiassed voice of the people, because
they would come up with the same disin-
terested views and desires as ourselves, bavins
all agreed to a common centre of union and
interest; but we could not confide in fellow-
citizens who kept aloof from such union, and
would not previously alTiliaie in one great and
indivisible family.
" In troubling you with so long an epistle,
I have at^least shown my inclination to cor*
respond. I have also hinted at things which
appear to me the present subjects of conside-
ration, because I am desirous of your opinion
upon them ; I luive possibly wrote with too
much freedom, but you will place it to account
of zeal in the cause, and on this score dis-
charge my design, which is disinterested and
philanthropic. With sincere esteem and af-
fection, I am, sir, your well-wisher,
** W. Ski HYING, secretary.'*
Mr. Lnuzun.—l found this paper in Mr.
Hardy's possession.
[It was read.]
" 10th June, 1793.
" Sir ; — It is with singular satibfaction the
committee of the I/)ndon Corrcs|>onding So-
ciety received -your letter ; they are very glad
to see the spirit of freedom springing up in
Birmingham ; and they make no doubt but
that the 7Ard\ of your society, and the increase
of your numbers, will soon do away the stigma
thrown on your town by the unjustifiable
bcliaviour ol" a church and king mob. Wc
arc entirely of your opinion with regard to
411] 35 GEORGE III.
the necessity of a general union ; and we be-
lieve, as you do, that when once the country
shall have so united, the Neros of the day will
be forced to yield to the just demand of a long
and sore oppressed people.
- ** With pleasure we accept your proffered
correspondence, and earnestly beg of you to
let us hear from your society by every op{»or-
tunity. We wish likewise ^fou would point
out to us some safe mode of conveyance for
such informations and publications as we may
think necessary to be transmitted to vou.
The post we no ways rely on, as many of our
letters have already been intercepted. '
" If any of the members of your society
should have occasion to visit this metropolis,
we hope you will not let him come without a
letter from you, and that while they stay here
they will frequently assist at the meeting^ of
our several divisions, and by thus associating,
commence an union which we hope soon to
see spread itself all over Britain.
<< We will not enter into a detail of our
grievances; we are equally well informed
thereon, and all ahke thoroughly convinced,
that nothing short of annual parliaments and
universal suf&age can restore to us that degree
of ciril liberty we are justly entitled to, 6cc,
&c. « M. M. c.
« T. H. s.
" To Mr. T. Kilmister, secretary to
the Birmingham Society for Con-
stitutional Information.*'
Mr. Lauxun.—l found this paper in Mr.
Hardy's house.
[It was read.]
" THe Political Societies of Norwich to the
secretary of the Londun Corresponding
Society."
Indorsed, •* Received the 25th of June,
1793; answered the 25th of July, 1793.
" Sir ; — I lately received your letter from
Mr. , dated April 22, which, through
multiplicity of business, we have omitted to
answer — hope you will excuse the delay.
Wc also received your friendly letter, prior to
tliat, wherein you stated three propositions :
first, a petition to his majesty, or to parlia-
ment, ur a iiutional convention, and ordered
one of our commiltce to answer it. Should
be glad if yuu will inform mo whether it was
attended to ; I g:ivc my opinion on the subject
to the CoustituUonal Society of Ix^ndon, and
found their ideas congenial to my own, \ iz.
an address to the king— futile ; a petition to
parliament (as a coiH)uered people) — toler-
able; a national convention (it circumstances
admiited) — bes.t of all. To what an alarniins
crisis are we arrived ! — the junto is formed
and established — tlte people become a prey,
and (to adopt the phrase of an Hibernian
apostate) are treated as a swinish multitude,
€zcept the privile&e of fattening. Wars must
commence at the caprice of indivkluals;
{>eople tora from their houses to be butchered;
Trial of Tkomat Hardy [410
windmills must be attacked, at the risk of
being carried over and dashed to atoms; the
nation drained of its sustenance to support a
league, fkc, &c. &c. Many epithets may with
great propriety be applied, excepting such as
Fox, Sheridan, Grey, Erskine, Lansdowne,
Lauderdale, Stanhope, Paine, Priestley, Tooke,
Wharton, Macleod, Barlow, Mackintosh,
Cooper, besides many who have suffered
under the iron hand of, &c. and when the
people have complained, and humbly re-
quested a removal of abuses, they have been
treated with insult. Alas ! where is the
majesty of the people? An indifferent observer
would suppose it to center in stars and garters,
ribbons, and costly apparel, palaces, coaches
and horses, with ail the trumpery of puerile
amusements ; and were it not for their ac-
cursed consequences, we could bear with it;
but when we consider how many sweat, and
toil, and starve, to support it, how can we be
persuaded but that there is a contrivance
between the land owners and the merchant to
hold the people in vassalage } for they eat up
the people as they cat bread ; the influence of
the aristocracy and hierarchy is become very
alarming, for they have absorbed and swal-
lowed up the people ; but a rumour is spread
from the south, and it is terrible to tyrants ; it
stings their mind — it galls their flesh — and
like Pashur, are a terror to themselves, lest
the people should assert their rights, yours, &c.
" H. Buckle."
^ Please to direct to H. Buckle."
Mr. Garrow. — We now propose to read an
answer to the last letter, found in the pobses-
sion of the prisoner.
Mr. Lauzun, — I found this paper in Mr.
Hardy's house.
[It was read.]
" Lotidon 25M ofJulj^, 1793.
" Fellow Citizen ; — ^The London Corres-
ponding Society have received, and read with
pleasure, your letter of the 25th of June ; but
the answer which you mention to have been
made to our three questions has not yet come
to hand. We shall be glad to be informed in
your next, whether it was ever put in the post-
office.
" With regard to the questions themselves,
however individuals may have made up their
minds on them, the public seemed most to
approve the mode of ))etitioning parliament.
We accordingly acquiesced, and sent in a
petition signed by near 6,000 persons. With
this letter you will receive a copy of it ; and
with its fate you are douhtless not unac-
quainted.
" While we agree with you, that the people
are treated like swine, wc arc forced to ao
knowledgc, tliat some among them, from their
sloth and ignorance, scarcely deserve better
usage; however, unceasingly labouring to
meliorate their condition as well as our own^
and convinced that a thorough parliamentary
reform is the only means of effiBctuating i^ w
tis\
Jbr High Tretum* '
A. D. 1794.
[41#
firmly pursue our purpose, and in the most
conspicuous manner; under the eye of the
court, in the middle of the meuopolis, and in
the very nest of place and pension nomets,
the tavern where Reeves, the tool of the
junto, holds his inauisitorial tribunal, have
lately held a general meeting of the society,
sent forth an address to the nation, and en-
tered into some spirited resolutions; a few
copies of which we desire you to accept, and
promulgate as far and as wide as you can ; at
the same time rest assured, that the firmness
displayed therein is not confined to words,
but that on every occasion our society will be
found foremost in asserting and recovering the
liberties of their country.
*< Exhorting you, therefore, to throw aside
all unavailing complaint, we wish you to
occupy yourselves in instructing the people,
in introducing and maintaining order and
regularity in your own society, and in forming
a Junction with all others associated for the
same purpose throughout the nation, bv
keeping up a constant correspondence with
them; but, above all, orderly and courageously
pieparing yourself for the event ; for as it is
natural to suppose that those who now pre^
00 the public will not willingly yield up their
enjoyments, nor repossess us of our rights
without a struggle, which by their behaviour
in Ireland we have some reason to think
they are meditating, and perhaps may intend
to effect by means of those very foreign mer-
cenaries who are now paid by the SMreat of
our brow, and whom, under some plausible
pretence, it would be no difficult matter to
Lod on our shore. It may be more advan-
tageous to humanity to show them at first,
that tlieir opponents are neither mob nor
rabble, but an indignant oppressed people,
iD whom is not yet entirely extinct the valour
of their forefathers.
** Union and increase being then our only
resources, let us diligently exert ourselves
therein with zeal and patience, removing
ignorance and prejudice willi firmness, and a
consistent behaviour; encouraging those who
join us ; and above all, avoiding little hick-
criogs among ourselves, ever discountenanc-
ing selfish jealousies and private animosities,
aiM cordially joining with heart and hand in
the common cause.
** Your neighbourhood must severely feel
the dreadful consequences of an iniquitous,
depopulating, and ruinous war ; but you are
not the only sufFcrcrs. From various parts
of the country wc learn, that the war abroad
has already bprcad desolation at home; yet
such is the blindness of some folks, tliat they
talk of itb being continued for years. Peace
we wish to all ' men ; but to such friends de-
struction. Let us hear from you soon, and
let our future correspondence be more regular.
We are with sincerity, fellow citizens, for
the London Corresponding Society, as your
(Ueodt and fellow labourers for the good
ofourcouBtiy, M. M.
T. H."
Mr. ErjArinc— My lord, I should wish to
put a questiou — the answer to which, indeed^
1 already foresee — whether my friends across
the table think there will be any probability
of their being able to finish their evidence
within a time that human nature is equal to
pay attention to it; because if not, to be sure
your lordships will be under the necessity of
taking some step to hear this extraordinary
cause in a manner consistently with that
justice which is due both to the Crown and
to the Drisoner. I confess, that for one, I do
not feel myself at all fatigued, and am ex-
tremely ready to go on, and to remain here
any length ot time which my duty to the pri-
soner can possibly require; but if the evidence
on the part of the crown should go on to such
an extent as that it would be impossible
either for your lordships or the jury to give
any farther attention Tand your lordships
and thejury are but men), then the prisoner's
defence could not possibly be heard ; there-
fore, I should humoly suggest, if your lord-
ships find it is in vour power to put this into
any train,— I would ask my learned frjends,
whether they can finish their evidence to^
nieht ?
Mr. Bowir.-^li is impossible.
Lord Chief Justice Eyre. — What is youi:
own judgment as to the course wo ought to
pursue? Mr. Attorney General, have you
nearly concluded your evidence ?
Mr. Attorney General, — ^Not half.
Mr. Enkine, — It is very material for us
that the jury should hear
Lord Chief Justice Eyre. — As to what is
now hinted at, it is matter of very great im-
portance to the public justice of the country
in every view of it It is undoubtedly a ge-
neral rule, that there is to be no adjournmeDt
and no separation of the jurv af\er the evi-
dence is entered upon, until the iury have
given their verdict* That is a rule which I
shall never willingly depart from, nor ever
consent to depart from but in a case of ex-
treme necessity, and where therefore the ne-
cessity of the case will justify a deviation from
the strict rule of law.
I think the necessity does exist in every
case in which it shall appear that the cause
will go into such a length that the attention
of a jury cannot be kept alive to it throughout,
without the assistance of some refreshment ;
and where, from that length, tliey cannot have
that assistance from the Court, which by law
they are entitled to have; provided that ne-
cessity, therefore, is ap[)arent in this case, I
should certainly readily incline to enter into a
consideration of the question, whether we can,
and, if we can, whether we ought to adjourn ;
and in what way it may be done.
I know that, in point of fact, there was anad-
journmentin onecriminal case: but that wasa
* As to this sec the note to Lanehom*8
case, anU, Vol. 7, pp. 497, etseq.; and the case
of Lord Dclamere, Vol. 11; p. 569. See alsQ
Vol. 17,pp. 1163, ll6i.
415]
35 GEORGE III.
Trial ofTliomat Hardy
[416
misdemeanor : there was a doubt started whe-
ther in tliat case, thoueh the court adjourned,
the jury should not be kept together. I have
not been able to learn with any certainty
what the fact was ; but there is one circum-
stance from whence I do conclude that, in
truth, the jury could not have been kept toge-
ther during the whole of that time, because
the adjournment there was over an entire
day at two different times in -tlic course of
the hearing of that cause ; and I liuve no
imagination that the jury were kent together
during all that time, unless llie ailjournnicnl
over me day was only for a few hours ; hut it
is so long ago, that few people remember how
it was; I conceive that, wider that adjourn-
ment, the jury must have been allowed to
aenarate.
I am not satisfied that, in strict law, there
is a clear distinction between the case of al-
lowing a jury to separate in a misdemeanor
and in a capital case. I believe tlie rule of
law is the same ; and I am inclined to think
that the strict rule was, that, even in a civil
case, the jury could not separate after the
case was once gone into.
In the 14 Hsirry 7th, there was a question
debated in the Exchequer Chamber (it is in
the year book) upon the effect of the jury
having, in consequence of a iriolent storm to
which they were exposed, separated for a
time; they ailerwards returned again, and
delivered their venlict. But the principal
doubt that arose in that case, was the cir-
cumstance of a juryman having taken some
refreshment from the hand of a friend of one
of the parties ; however, that question never
was decided; and I do not know that tliere is
any other case in which the question has
been much considered : therefore, if the coun-
sel for the prisoner make the application to
the court upon the ground of a necessity in-
teresting to the prisoner, and if the counsel for
the prosecution consent to that application
upon such grounds as are proper to influence
the judgment of the prosecutor, it seems to me
that, in some way or other, it would ))e right
that an adjournment should take place. I
should have no difficulty with regard to the
Court; the difficultv that occurs to my mind
is with regard to the separation of the jury.
Regularly, and properly, and agreeably to tfic
ancient course, the jury ought to be kept to-
gether.
Tliere are a great number of civil ra5K7S in
the old books where tlie jury could not agree,
or something happened in the course of»the
cause that made it necessary for the Court to
be consulted before the cause could proceed.
The practice was where the jury was sent for
from the country to Westminster-hall, there
a bostel was provided for them, and thoy
were always sent back to their hostel : there
they were attended by an officer, and kept
from all communication: but modern times
have totally changed the liabits of business,
and there are haraW any traces of that now
left, and that sort of thing is impncUcal'^ '
I made some inquiry what mieht be dodc
(the subject, you see, was not totally out of my
thoughts) if it should so happen that the ne-
cessities of public justice should extort from
us a departure from the gcncml rule : and the
sheriffs, who have been always disposed to do
what i:$ right fur them to do, and to give us all
the assistance that is possible, did promise
that they would endeavour to accommodate
the jury in this house: whether that can be
done, or whether we can depart even from
that sti'ictiirss, and suffer the Jury to go to
their own houscii, upon the application oTthe
prisoner and the consent of tne prosecutor,
taking their word of honour that they wouM
have no coiiirnunication with any body upon
the subject of tliis cause ; that is a question
upon which I should much wish to hear what
my bruthers have to say, after asking the
question again of the sheriti^ what can be
none here ?
Mr. Sheriff Earner, — My colleague and I
have made the best provision the place will
admit ; we have prepared a room and beds.
Lord Chief Justice Eifre, — his a distressing
thing to put the jtirv into these circum-
stances, which I should be sorry for, but it is
better than sitting up for three days and two
nights, which, for any thing I can see, nmst
be the case. I am very ready to take my
share of the fatigue, but my apprehension is,
that the cause cannot be so effectually tried
as it would be if the Court and jury liad the
refreshment of food and rest.
Mr. Krskint, — ^It is impossible to figure to
one*s self a more delicate situation than that
which we hold who stand as counsel for a
person who is upon trial for his life ; at the
same time, my lord, I can have no difficulty
in saying that [ should think the prisoner at
the l>ar perfectly secure in taking the solemn
word of honour of each gentleman upon the
jury that he would not be approached (as no
gentleman upon the jury would be approach-
ed) by any man hving upon the subject of the
cause : and I am very sure that, if 1 could not
depend upon the word of honour of each gen-
tleman of Uiat jur>', in fulfilment of that
pledge, I should address them to very little
purpose, even upon their oath. I shall re-
commend, as to thcr prisoner at the bar, to
give that indul|;;encc to the gentlemen, under
the very peculiar circumstances of the case.
I/inl Chief Justice Eyre. — I think it is not
simply that he may give that indulgence, I
think he must ask it as necessary to hb de-
fence.
Mr. Erskine. — I certainly advise him lo ask
it. I ask it upon the difference of being in
this house or going to their homes. The
gentlemen seem to have paid very »;rcat at-
tention Lo tliis cause hitherto ; it is my earn*
est wish they may do so throughout, to the
evklence on the part of the crown as well as
to the evidence on.tiie part of the defendant j
and I am willing thuat tiiey shall lie as free an
air, wi& the single restrictioD, tliat they wiH
^/tf High Treason.
fK>t fiiffer Ihefnstlvfs to be approached in ihes
->r itinitrtif t'
u] \]u
I Itftiien will Dol
1 required, con-
re of Uiiscase.
uiaid^^Tht^ reason
I ftcparalewas, that
iJ luit give iu their verdict under
>frr impression : hut if that should
uce ail utter inipt)ssibihty tJiat justice
iJnn** eilhrirhv tlie jury or the bench;
'^ ' ' , whose recoU
iiours.must he
I 4'r_rieii iiinl li u\t: ^jentlcmen at
nut do justice to Iheir chent* on
a,.it.— if ilial is the ca^e, and justice
be done, you nmst look to the prisoner,
! requirv^ eqitul reganh 'I he prosccu-
idifnce had the oppurlunity of being
whfii tho iiirv v,f:ff' fresh: now, iflhey
t: ! lo ]m case in the
*» .justice will not be
ii4^ie U* Uun,
[f wr are under th«? absolute necessity of
6' lom the strict rule,
1 1^ little as possible;
ki. ' ' ttatiunin
ti tommo-
lUtcrj bfjt auu iuLu ^«/iii\: iimipi.- iu Uiijir OWn
iwuies: I have a great deal of dilliculty, I
'>if.— I wish lo he understood that
I f ' r o t> r CM I I lilt ( fl'crc n cc to me, and
T had in my mind
^• deprived of going
I iruwu btiulies tx*r want of a con-
]i\ Tim] I am pef?iuadcd I hazLird
: .It.
liavc the same anxious
I Jt LOU he done consislenlly
jtlaw^ that the jury may be
*.'
I -lice Eyre. — If the jury hve
-uiidf, Ihey loight rather choose
. ,„t Jury, — I live at Marj bone, and
: icr ao mvalid^ but I would rather go
f Ihe jury said Ihey wished lo go
u Hot ham. — ^Mr* Erskinc stated
l>e in a very delicate situation,
itainly is; and it is impossible for
li' ^ce that the Court al^o »re in a
Hrj l1 II ; because, as to our-
Klfviv ucnt is to take place,
eticY bo* IV Kiif:»w^ inai ibcre is no reason why
nt ikouitf be kepi m this hou^c ; we mity go
li CIV mptetive homes; at ihe B^rac lime,
Am fi«ver has been an io^tdiice of u jury se-
ftnilta^ wa4 EOtnz aw hv hi tVi.- manner that
Hmnr i^roposed. Tco^ i nk thut there
Biv l>e verv scriou'^ wres from it.
A^ ■ Jn>dy can rc-
ibt 1^1 must goto
» » L cdiinot be proceeded
i»u; 'me ^rt of an adjourn*
it oi UaaI kind; but I da fore&ee vtry
I
A. a ITM-
serioa^ difficulties hereafter, as well "is per-
haps in this vrr\ ruse. 111 *Hnili'mcii going
home, and s^ '^^ It is a
very delicate a I i iiion to bo
obliged to say lo ^ntiemen that I hey must
be kepi here all mijht ; but really, if I am
forced lo speak^ 1 think that Uiey ought not
to separate.
Mr. Justice Bnller, — Here in an alderman
who remembers the trial of Bet Canning;*
lie informs me that, to his knowledge, the
jury went home during that trial*
Mr, Alderman Neuman. — I remember it
perfectly well; I spent the evening with one
of the jury.
Loru Chief Justice Eyre. — Do you think
you are able lo go on all night ? if you do go
on all niehl we shall make Dut a certain pro-
gress, una I am afraid we shall be in no con-
dition to pursue our business to-morrow.
Mr. Juilice Builer. — I understand the she-
riffs have beds prepared here for all the jury*
Mr. Sheriff Earner. — ^1 here are beds and
mattrasses prepared.
Lord Chief Justice Eyrf, — The rule of law
i^ cK ' ' " ' ■ f; at the s;ime lime,
the I ] slice arises distinrtly
and vi-iji^]\, iiini »>, 11 a by all munkind : in
my apprehension, thai will justify a deparlure
from the strict rule, but it will only justify
that departure as far as the necessit}^ goes,
and there ihe difiiculty is: but, to be liure, if
the jury can be accommodnted, and can have
that retVcshmenl which is necessary to go on,
without separatrng, then the necessity fhav^
been speaking of does not carry them through
the whole case oi be rug allowed lo scj>arate.
As there is no doubt in any bod^*s mind
about it, wc must desire the shcnth to give
the jury all the accommodation ibeycan fur-
nish IhVm with^and we must desire of them to
submit to a difficulty which I am very sorry
is imposed upon them, but which I do not see
any means of avoiding. Bailiffs must be
sworn to attend the jury. The counsel for
the prisoner will observe, that Uic record
must be made up as of the tifst day of Uie
trial.
Mr. Erilrine,— Be it so, in the most em*
phatical way, for the purposes of law awl J
lice*
[Four bailiffs %crc aworn to attend the jury.
Mr. Erskint.—Mx lord, all tliis immense
body of papers has oeen seized, and been a
long time m the hands of the officers of the
crown— Wc apphed to see them, but were re-
fused—we applied to the privy council, and J
were refused — we were referred to your loni- |
ship, because they knew your lordiship could >
not grant such a request — we are therefore here
with all these papers tumbled upon our heads,
without the least opportuuity of examining
them, and yet from tins mass of papers^ whicK
ora
Uie '
L
35GEORC1B IH.
tUe atiomey-gencml took nioe hours to rrad,
the act of compassing the kiug*& death h to
be colJcttccl. From a view oT the whole, [
trust your lordships will be dis{>osc(J to iiv
dulge mc^hideed 1 shall expect, ni justice ta '
the prisoner, that I may have an oppoVuinily,
befbrc I address the jury upon ihis mass of
evidence, U) know what is in it, because your
lordships must very well know that, though
takuigall the pains 1 can to look at i t as it is read,
yet it is quite impossible for the human mind
to take it in, or farm any idea of it, witiiout an
bour or two at least (for I should not require
more) to take it inlo consideration. When 1
look across the table, ai>d see I am address-
ing myself to hou. gentlemen of the profes-
sion, who know the situation I am in, I caa-
fiot doubt their consent— and the reason I
mention it now is, that there may not be any
inconvenience to your lordship in praying this
upon the sudden^
I declare, upon my honour, as far as relates
to myself and my friend who b asaigncd as
counsel for the prisoner, we have no design
whatever to tresjvass upon the time and pati-
ence of the Court, and your lordships have
seen to-day how lilllc ot your time we have
consumed— we have no desire upon earth, I
appeal to God in it, but to do our best, to do
justice to ihe person your lordship has assign-
ed us counsel tor.
Ijord Chief Justice Byre, — We shall cer-
tainly be disponed to give the counsel for the
prisoner all reasonable opportunity to make
the best defence the nature of the case is ca-
pable of, I observe the ETcater number of
papers that have been read, and the most im-
portant as yet, are papers thai are printed,
&nd before us, therefore, there can be no dit*
ficulty as to them, for I liave no doubt that
tlie printed papers have been very well
eonsiacred — ^To-morrow we shall see what
the papers will be; if there are any which
appear to us, or shall appear to you, to be pa-
pers that require a careful casting your eye
over before you prepare for your defence,
I shall certainly propose to the Court tliat you
sfiould have a reasonable opportunity for so
doing.
Mr. Erskine, — Those that are printed arc
thrown together, your lordship must observe,
in a strange way.
Lord Chief Baron Maedonald. — With re-
s}>ect to the complaint of the privy council,
there is no instance, I believe, of their ever
$ufferhig such a communication.
Mr. Kr$kine,^l am not compbintng of
the privy council — we were referred by the
privy council to the crown, and by the crown
to your lordship.
Lord Chief Justice Eyre* — T do not think it
possible tor the Court to have interfered upon
any ground, It is one thing to permit the pri2»0-
nor to *»ee the evidence that h in be m:iffe i\%t
of against him. and it is if it
fthoutd so happen, tivat Hi i Ui^
F«pcr$| there arc papcri not hi lu tc made ufn$
Trial of Thmmi Hordt/
of against him, but that are neces&ary for hii
defence, that such papers should have been
seen ; in that cafie, I apprehend that upott
an application to the privy council or the se*
cretary gf state, that they w*ould do what pul>-
he justice requites — order access to such pa-
pers. The papers wl»ith are to be produce<l
ty the prusecuturra pristincr never has by Jaw,
nor uu^hi lu have an opportunity of exainin-
ing till they are produced in evidence, Pa<
pers that are nut nece&sary for the prosecutioi
out necessary for his defence, come under
very different predicament, and I think ll
pile held upon them would be very diflereni
Mr. Law —The papers in the case of Mr,'
Sayre * iiad been seiited, and the chief justice
said, give notice of Uie papers you want, and
move for therur
Ijord Chief Justice Fyre. — If you asked ta
look at those papers which were intended to
b« produced against you^ I do not ihuik Uiai
was right.
Mr. Gibbt.—Vfe asked to look at tliatbooky
that we aaight see what papera were -^ '
sary for our defence.
Lord Chief Justice Et/re. — i believe we
better not discuss the thing now.
Adjourned (it now being a quarter pas^
1^ o'cbck on Tuesday morning) to eighi
o'clock.
'a-
m
Siuloni Htmuin the Old Bailfy, Wednesday
Oct, 29(X
Present,— Lord Chief Justice Eyre, Lord Chk ^
Baron Macdonald, Mr. Barou llolluun, MtT
Justice Bullcr, Mr. Justice Grose, and
other his majesty's justices, iSic.
Thttmai Hardy set to the bar*
Mr. John GiirnelL — I found Una Itt
among the pri!>oner's papers.
[It was read.]
hmdon, the 5M Octr, 179$,
*^ Dear Sir ; — With ph^asure I pertiae ;
favour of the «d inst. but as yet have seen
nor lieard nothing of the two copies of Mr*
Muir's trial, which you mention as being stnt
to the fiocicty and myself; be kind enough,
notwithstanding, to return that gentlenmu
thanks for his polite attention, ai^ assurt
him, that we view him in the liglit of a mar-
tyr to freedom as well as Mr. Falmcr, and
that our warmest liopes arc, Ih :* *' i;>-
pressors of mankind will either 1 li
or afraid of carrying their revenue..** .«.*..v4i
into execution.
•* The general convention which you mc
tion, appears to Mr. Margarot (to whom aJo
1 have communicated your ktLor) and mys
to be a very excellent measure ; and as such^
♦ The case of Savro v, ihc carl of _
ffird is reported in Vol. %0, p. l'^8a, of tbk
lection.
fii^T High TreasoTt*
I cniiM wish you without delay to commiini-
cale it *irii/*iHllv Til fiuf «;f>cieiy, without any
vr«y& r had ^mtten to me
privately ^ , Mllctter, you should
nquirc of us to send a deputation to that
m«eting, 1 have no doubt but our society
wotild with pleasure accept the invitation ;
And I nm persuaded itXTould do much good.
LD' 111, Jis you justly observe, depends
fc , <m ourseKxs, and upon our avail-
ing ouiJ^eivcs of this opportunity, which, once
lost, may not be soon recovered. I am glad to
discover by your testimony, that 1 was not
ndmken in the high opinion I always had of
\f^fA Ty.cr^ ! Mriotism ; a title may be a bar
\ \ patriotism, but il seems,
i It not to bean insuperable one,
" 'ii II '^( riL;hl; it is true, th^it we have
ki'i -uM-ilicr general mcelinff, at which a
tmstky composed, and suddenly produced
i4dreM to the king was read, applauded, and
Mpttd to be presented, but on a cool revisal,
\m said addnrss being found to be more ill-
natured thao spirited, mr^re dangerous in its
Jjmjpjage than advantageous in its object^
brade ' ' 1^5, the commitlee, with
the a; c society, have adopted
nr'*' lUM ^aiui, more apposite, and relat-
I lo the Wiir — imlosed yuu have a
r But you was misinformed, when
^ 'd we passed any Tcsoluliun at that
r >r wc onl) canJe to one, and that
1 1 private naluro. namely, that the
* sir James Saunderson in prevent-
ing liic meetmg wf ttie London Corresponding
^ooe^ at the Globe tavern, rlcet-street, was
0f wen a nature as to place him below our
cim«^trf , — Dear sir, please to write to I he so-
r a tts posMbh:, ofliciully. lam, most
yo4ir fellow iabuurcr, and wgII-
LiiTMsf, Thomas Uardt.
' P. S, Mr. Margarot desires to be remem- *
1 ta you in the n^u . ^ innate manner.
i mit iu futu re, o n r of your le tiers
'lo mc. * i!nn«^ VI iuc London Cor-
real; i tv it was a thuusand to
c • • - a UJAt letter by post*
Lirvinz, Head of the
ncir?c vSyndc, Edinburgh*"
Mr. 'Fhoi^nt Macknu, — I foued ihifi letter
Alexander Grani, — XiOok at
' Cbc iLJirr Moment on this letter. Do you be^
km* ihjtl lo be the prisoner's hand-wriUng f
^ " V is— ** To be returned to
t 1 mrsday next.** — I believe
iitAt 14 Mr. riAniy 5 iiuud-wriling.
pi was read]
*< EiUtilturt^k, Oct. Sih, 1793.
^mother Hardy;— V*- Witer and this
«r will explain i: I was at a
etiiif on iikt d.j lioDs, and the
^KtfOlimt u are universal
mdbt§»'ju its, and it vkas
Jbc ynatiiwigite dctuc aiiU wi^b of tb^t meet-
ing, that two persons, if possible, should be
sent from our society in Englimd^ as delegates,
to meet our dear northern friends in the ensu-
ing convention, I must earnestly desire the
said wish of our friends here may be complie3
wiih» as il will add to the dignity of our asso-
ciation in particular, and to the convention, ia
general, and will lurther the common cause
inuch, in a way the judcmcnl of our associar
lion must hit upon, without any cxHanation
of mine. If any person could ne elected of
sound principles, a clear understanding
speaker, with a long head and a good warra
heart in the cause of fpeedom, having it in
view, and not his own aggrandizement, such
a delegafle would be of great service. If such
a one is chosen, he must be liere by the
twenty-ninth day of this month, as the con-
vention meets on that day ; ajid if my poor
feeble efforts will be of any service to the con-
vention as the -other delegate, the London
Corresponding Society may command me for
the support of their inleresls as far as I ana
capable; but those of you who know me,
know I am no speaker, much less an orator,
but this I will say, ray heart lies in the right
Place, and hates and abhors all despots,
lease to coramunicsile this to our friends^
and lei me know the society's determination,
if they will honour me with their confidence.
I am often with our Iriend Muir; he bears his
confinement with a fortitude of soul, inspired
with the gemus of liberty ; he is well. I
have much to say, but I nmsl leave oft. This
letter will be delivered by my servant, which
must have a spec^dy answer, because ot the
approaching meeting here. Every thing of
moment I will communicate to you frota
lime lo time; and wishing destruction to all
human bulcliers, and success lo all friends of
UVitriy, I remain, brother Hardy, yours to
command, A. Callndeb."
*« yiy servant will show you my direclionJ'
Mr. Williim Scott swgm.— Examined by Mr«
Wood.
Wliere did you find this paper ?— It was
found among the papers of VVilliam Skirving,
secretary to the convention at Edinburgh.
Alcjander Grant said he believed it to be
the prisoner's hand- writing.
[It was read.]
«* London, 96M Oct. 1793,
'* Dear Sir ; — According to promise, I have
this day to acquaint you^ that we had^ester*
day a general meeting of the London Corrcs*
(londing Society, for the purpose of taking
into consideration your kino invitation to sena
two delegates to the convention which is to
be held in Edinburgh. The sociely have for
that purpose made choice of Maurice Marga-
rot and Joseph Gerrald, who will both be with
you shortly, and will deliver into your conven-
tion their vouchers of delegation. For the
recital of the curious incidents attendant on
oar gcoeral meeting, I refer you t»Nbfe^RSae»-
gates lltemselves. I am^ roost siDcerely,
your respectful friend aod well-wisher,
" Thomas IIahdt*
^^ " No. 9, PiccadlUv.
Hf Mr. Wm. SkirviDg» head of (lie
^■*' Horse VV/iide, Ldinborgh/*
■P Mr. Wood to Mr. milum Scoit. —Where
V^Tfuttlv- ■-^-f ibuDd?— Itwas Ibund among
Skirvi ■-..
Mr. I I ou fouiid thi& yourseUV I sup*
pose —J dri not.
l*htn yvn f-h<juJd oot hiivc answered to thai
mat I ncf.^Th'' question was put in Mich a
way that L thought I was bound to give a
direct a«»wcr, I will explain the circum-
ttAnce <Jn the -ith of December, the pro-
ceeeling?' of the converitiun had attrdctcd the
aoUce of ihwie in Ediubur^h who bud the
charge oft lie police —
Mr. OM»s — Wc do not want all this; wc
L^oly want to know whetlicr you saw this
k^Mmd^ or saw it in his possesi^ion } — I dul not
■•» it.
. Lijrd Chief JuNlice Eyre, — What do yoii
know about the paper? — ^A warrant was
' issued at my instance ; the papers found in his
possession were put into two bagi^ and sealed
up ; the bass were brought scaled from
^Itirving's lo(^iogs to the otiice where lie was
examined.
Lord Chief Justice Eyre,— Where were
you at that time ?— T was present in iiie olfice
when he wai^ examined.
I Lord Chief Justice Eyre. — ^Tbcn the first
ttrae you saw any thing of this paper was
when it was produced at the olhce by a person
who brought it in a sealed bag: is it so? —
I ^^^'
! Mr. Wood, — And opened in llie presence of
Skirving ?— Yes.
Lord Chief Justice Eyre. — He has proved,
that upon a warrant having isjjucd to appre-
hend hkirving, there was a sealed hag brought
to ili« oflice ; Skirving was present, and that
aealttd hag waa opened^ and tlie letter was
produced*
(To Alcjander GmtU,) — Look at the signa-
ttire to this paper ; do you believe that to be
llie priioner's haod-wnling?— Yes, 1 believe
Do you know any of the other signatures?
*^l do not.
[It was read. }
Ittieles of In^tnictton given to citiicn
Joseph « lele^tc from the Ijou-
don Con ; J^ocicty to ihe ensuing
convcntiou m Ldmburgh, forthp purpose
of obt^iining a thorough p.iriiamtutary
reform.
1st. He shall on no account depart from
Trial of Thtumm Hard^ [IS
*' Urd. That tlie election of sherififi oufi
to be restored to the people.
'* 4th, Thai juriesouL^ht lobe cho<«n by Jot.
" 5th. That active meaus ought lo be Ui»ed
to make every man acquainted with the
rights and duties of ajuryman.
" 6th. That the hberly of the picss muil
atall events be supported^ and thai the publl-
catiun of political truths can never he eriniiT
naJ.
" nU. That it \% Uie duly of the ^K?ople to
resist any act of parhameiit repugoanl lo the
original principles of the couhtitiition^ as
would be every attempt to proliibit associations
for the purpose of ruiurm.
" Bth. That this society, considering
party names and disUnctioiLs as hostile to
general welfare^ do absolutely restrict tlie
delegate from assoming or accepting an
thmg of that nature.
** 9th. That Uiis society further requif
that the delegate shall be punctual
frequent iQ his correspondence with tim
ciety. IId, Hopgson, chairman.
Tiiois. Habdv, secretary.
" Gcncr;d Meeting, 24th Oct. 1793.
" Instructions lo citizen Gerrald,
London Corresponding Society, No. 3.*'
Mr. Wotid to Mr. William Sco^r—Weij
these papers found in the same mannci* l^
Yes, both the&e were found at the same linie^
AltJcander Grant said he believed this to I
the prisoner's signature,
[They were read.]
*' At a general meeting of the I^ndon Cor
ponding Socictyi held at citi&ca Htu
latV Hackney road, 24th Oct. 1?9$.
« This 15 to certify, that Maurke Maf;
was this day duly elected a delegate to
sent this society at the ensuing convention
be held at Edinburgh, for the purpos^e of ob
tabling a thoroy«;h reform in tiie parliameQ^I
tary representation of Great Britain.
** RiciiAiu) KortGsojv', chairmso.
^ TuoMAS Haady^ secretary.
" Certificate to Citizen Margard, London
Corresponding Soticty.
** Mr. Wm Skirving.
** Cortilkate of citizen Margarot/'
At a general v
ending So
ackney-ru4d. id4tb Oct, li93*
was il ■
423] , Jot Uigfi Treasom
** Citixrn GcrraJd** commiitsion* London Cor-
respoodin^ Socicly. Signed ThoiiiHS
** Mr* Wm* Skimng.
««Cetti£cat« of Cilixcn Gerrald/'
*r^ n':n:..... v-.'^ -These papers were
I nd al the same lime,
., — ^:,._; L-.,,,^. .,..il he believed the sig-
iuiuf«) to ht liie prisoner's hand-vrriting.
lyUey were readj
'• Londim, Ntw.B, 1703.
** Fellow Ciiizctis;— 1 duly received your
fovtsur of Ihe 4th instunt, and laid it before
[ llle commUlee of delegates ksl night, ^A-hu
iptrp «fiMou«ily wailing for intelligence from
T : h, iknd were well satisticti with the
- a£ccftint of the great number and
iriii ot the frieiidii of freedom in Scotland,
: Tli»4 i^art of your l€tl^ which mentions your
["tuitjog djifcrcut tuwni in ^coilaiid^ for the
[purpose of promoting ihe cause, they were
C jmsed with the jdca, but tliey thought that
I nctMild Dot be put in practice on account of
Ihc nete^-^^rv supphes, which come in but
It is to be mentioned in the
f ions. We have elected J. Bax-
kr i >i^ chairman of the committee
.ibr i> iiider of the quarter. We have
^ aba appointed a committee of coDstitution,
ieptmte from the committee of delegates ;
^600 m«ftnber is cho&en from each division, to
meet oa this night for the first time, and to be
^ tutiity unconnected with the committee of
^delegates. We still increase in number, and
LIbe Ti ' '- t J the king to put an end to the
i^Wir t to be advertised to receive
[jMigriu.! le Courier, Chronicle, Ayres*8
r&ibi >>*; afterwards by band- bills,
lite, .. -_t: opened a correspondence with
|S niiw iKjctety at Brist<jl. I have to inform
|0u of Ihe wi%h of the society that you woulrl
mrooT them with the number of dele^tes in
Fihe ccaivcntion, and the un ruber from England
EftiaO| and how Ihe civil and mihtary power
Ljdube^ your meeimg; and that you would
^acnd §iicii a reixiri ^om the convention as
aigjit appear in the newspapers in London.
LSciOd roe an Edinburgh Gazetteer when there
Tk any thing in it of importance. I would
ihiirr ■* ■ '; ' nr r, but they informed
t I to the coffee-houses
it..,.. Ji; for that reason,
^JLlhougbt i hope to have more
to u*.-. L. , „ iiiore fully next time,
[Am^ iir ioaeph Murray says« the post is just
[ jotag oSp no more at pre^*nt from
** TuonAi* IIakdy, secretary."
Aildre»8ed on the back :
ilfiarearolaud Mr. GerrakJ, delegates
■■Jits.. I ~^
London^ Nov> 15^ 1793.
' F " * ived your official
ii, and Maurice
,Aivi9 ^'UVai'^ itkivi VI the liUi|ftliii)
A- D* ITiM.
Lisa
1
UG course. At the committee of delegates
last night, after hcarine the rerwrt ot the
different delegates — ine rapid influx of
new members — there was several places
mentioned in different situations in town,
both in pubhc and private houses, for new
divisions of the London Corresponding So^
ciely to meet at^ some have already taken
place, others will next week. — Afterwards,
the corre,spoTidenDf was taken into conside-
ration. Your olfhcml letter was read, and
much approved of, and copies of it takea for
the use of the different divisions. It seema
to be the gcfieral wish of the di^r-
ent divisions of the society for you to conti*
nue as long as you can be of real use to the
cause ; but it wholly depends upon the thing
necessary, money. We nave hit upon an tx»
pedient, which '.ve mean to put in practice ia
two or three days^ that promises lair to bring
in a considerable revenue, I shall iaiomt
you of it in my next. Those whom you ga?e
directions lo call upon has fallen far sliort of
that libtrality which you expected. The com-
mittee last night gave me orders to transmit
to you twelve guineas ; I enclose you a draft
^n sir William Forbc*!, and Co. for that sum.
Next week I hope to be able to send you more.
There was another report of Mr, Frost being
to be pilloried on last Tuesday and Wednes*
day ; but it happened that, on Wednesday^
a Chariest Leslie stood in the pillory at Char-
ing-cross for a crime shocking to mention.
Mr, Frost is not very well at present. The
Constitutional Society have adjourned for a
month from last Tuesday, The reason why
Mr. Yorke did not gu from that society was,
that he wrote a letter lo them, informing
them that he would not ^it unless they would
pay him the whole of tne money down, I
nave only given you a summary account of
our proceedings ; but you know how I am
Situated both in the day and in the evenings,
that I cannot command a quarter of an hour
to myself; therefore I hope you will excuse
me for being so laconic. I have marie Ihfc
situation of Mr. Muir as pubUc as I could ;
it throws a damp upon the spirits of every
friend to immanity who hears of his cruel
treatment. 1 remain your fcUow^labourer in
the good cause.
(Signed) " Tuonas Habdy, tecretarj'.
" Citizen Walker desires roe to request of
citizen Oerrald to favour him with a letter.
" P. S. Friend Margarot, I have not yet
been able to do your business^ which you Itfi
for me to execute before you left London. I
have not been able to sec that gentlematn
which you mentioned in your last, nor do I
expect that 1 will th^c three weeks/*
Addressed on the back ;
^ Citizen Margarot and Citizen Ocrrald,
« Lmdon, Ne9, 22, U03.
tf r^liow-Citisciks^—Iduly tocutffcd yaor.
jm^
427]
35 GEORGE HI.
letters of the 12th and 28th instant, which I
laid before the committee last night. After
reading and deliberating upon them maturely,
they resolved that you should continue at
your post till you hear from me ofBcially afler
Che next meeting of the general committee of
delegates ; by that time we may form some
idea what success we are likely to meet
with from the advertisement and circular
letter. We entertained high hopes of be-
ing liberally assisted by the frientls of free-
dom. A circular letter was ordered to be
drawn up, to be sent to the different societies
in England with whom we correspond, in-
citing them to send delegates to the conven-
tion m Scotland, to promote a reform in par-
liament. A standing committee of five is
appointed to answer the correspondence dur-
ing your mission in Scotland. Your objection
to formit>g a new constitution in vour absence
was net by them reckoned valid : it is very
possible that it will not be accepted before
your return ; for it will be maturely investi-
^ted bv all the divisions of the society before
at is fully agreed to : besides, it cannot aflfect
Tou in your present mission, for you weU
know that we are not very fond of ex poa
Jecto law. You will herewith receive a
draught for IS/. IS*. OJ. on sir William
Fortes and Co. The Englishman's Ki<:hts I ;
will send you a few, with a few other tracts, j
We have not near enough fur the orders we ;
liave from the country, and our own addresses |
are nearly out of print. I shall direct them |
to the person to whom I address your letters. •
There is no news in town of importance from
the continent. — I am, for the society,
(Signed) " TnoxAS 1£a a dy, "secretary,
" Mr. Frost is very ill."
Addressed on tlie back :
** Maurice Mar^rot, Joseph Gerrald,
Delegates.*'
« Lmdon, Nor. 29M, 1793.
" Citizens ;— T am desired by the ccncral ''
comniitee to make you acquainted with their |
determination relative to yuur stay in Scot- :
land, which is» that you are Ixith to remain at !
your post until the convention adjourns for '
the pre>ent season*, then both to return to
England wtli all pus>iblc i-NPOilition. '
" The 12/. Vi*. 0(i. whicli I transmitttxl on
tiitf 22nd instant by tiir ordrr o! Xhv co(iiniit-
tce to vou, am athud has miscarried, othrr-
ways (ioubt nut vouwouKUiuvo acknowU\l^d
the receipt ; ani not h.i\ iii^ nvcivcd any let-
ter > since tlic date of the '•*Ol!i instaul, aro
also concerned tor tear they should ha\e lieeii
intcrcepteil. We are hijjhly plea>ed Mith
ttic propi^sixl union with' our northern bi'c-
thrcn, and l»cg ytni will u>e every exertion in
\our |vwrr to*'cstabli>h that dcMrable union |
upon a limi and permanent l>a.M<. li ^wes
us great pleasure and encouragement to \wat
that the spirit of lilKrty is m^ l\oiui>hm); lu '
the uortli, and are happy to infonu you tluit ,
tbe same noble spirit u nalung a nifid |«v- 1
Trial of Thmas Hardy [428
Sess in the south. We are sonv to hear of
e indisposition of citizen Gerrald, and hope
it is not of that violent nature as to precluoa
him from attending the duties of his mission.
— Yours in behalf of the society,
(Signed) " TnoMAS Haudy, secretary.
*' P. S. We have not hM any account of
the arrival of Mr. Muir, although we have
been making every inquiry in our power."
Addressed on the back :
^ Maurice Margaret, and Joseph Gerralc^
Delegates.*'
Mr. John GurntU, — I found this letter in
Mr. Hardy's desk.
[It was read.]
'< Edinburgh, Tuesday, Dee, 9, 1799.
** Citizen Hardy ;— We received last flight
a letter signed b^ you, but written by anoUicr
person, acquaintmg us with the determination
of the committee, * that at the adjournment
< of the convention, we should return imme-
.' d lately to London.' This determination we
will undoubtediv conform unto, unless it be
(as we hope and trust it will) contradicted ia
your next ; for, if the committee abides by it,
we who, by being on the spot and thoroughly
acquainted with the state of the country, can
judge with certainty thereon— do assure you
that our immediate return to London will be
attended with very bad consequences; for at
present a^i the country societies look up to
us to come among ihem, to enliven, to- en*
courage them, to convince them by our pre-
sence that we exist, that we have been sent
from England for the purposes of union and
reform, and that the time is near at hand
when such reform must take place. Nothing,
dear friends, must force us from Scotland at
present but the absolute impossibihiy of
oearing the expenses attending our mission,
and those expenses may be somewhat les-
sened by recalling one of us and leaving the
other; our Norwich friends may likewise
bear a part of them ; so that, unless the funds
of the society are verv low indeed, no excuse
for recall can be valid, unless founded on fear,
and that wo must remind you, is our concern
and not yours. While, therefore, the idea of
uuitin-;: our society with the whole kingdom
of Saitland alVorils you a pleasinc prospect,
let u> *lo every thing in our power to cement
that union : and this can only be done by a
loiij^T rcMdencc in tiie country, and by visit-
inj; the se\eral svvicties which have sent de-
leiales to Kvhnbur^h. and would think
tlieiiisclves iil-u>c\l if "we did not take their
town m our way. Consider oi it then, we
l»c^etv!i \ou. and let us luivc your an>wer
im:iu\>.iteK.
" the convention pi\x«\l with ^reai spirit;
Mv Mt dAiIy : and la>t week we^ came to a
iVM>ltuuMi, which we tanry will give plea;»ire
to every Ihei^ l\^ nrtorm :* as the minutes are
tt> br priulffd, we will, at prescDt| oely g^vQ
>^i the hcttiis of it, TU.
Jhf High TftaiM,
** Tlml »lKni1d any attempt bo made by go-
erntncnt for Ihc fcu&pcasion of tiie Hubeaa
jirpiw btlL the iotroductlonof a convention
%V, Of the landine of tbremn troops in Great
Iritain ur Ireland, the delegates are iiume-
Wly to ^!>cmble in convention at a certain
)«)acc^ the appoiuimeDt of which is left with
a iccrcl commilttc. That, \vhen seven de-
leg;ite*» &hall bt^ thus assembled^ they shall
drclarc thi*mselves permanent; and^ when
tl. uls to twenty-one, they
t jnesa : thus you see we
vium- iii^din>L what may happen.
'^3€0 Gerrald's health is so far reco-
\n not prevent him from ftdly at-
i duty. We cannot say as much of
I lair,* from the Society for Consti-
^ lormatjon; he has been confined
t ever sUice Saturday by a violent
ore throat: he is, howeviT^ some-
u , this morning. He is a valuable
vv i.v ii. u; and should he die, his loss would
In N Li* )v felt; not indeed by his consti-
tuciils^ who have baHply abandoned hun, but
bv all the fnends of frtcdom. He is a nicm-
\m of our society, ;iud we recommend him to
^^iMt notice,
** You wdi hrforc this have received our
U»t, of the 2Gth Noveraher, acknowledgiug
the receipt of your letter of the 'iSrd, together
irtth a remitt^iiice of 1^/. ]2«. Od. Our tin)e
i\ sfi r uti t^iniiv rm ployed that we find it al)-
ihle as yet to write to you
I ii week, and even that on no
; eigbleen hours out of the four and-
V devoted to public business^ and
} .4 ijuy refit assured they are not mis*
>ptriL We are happy to hear that you go on
a^ well tn tlte iiouth att we do in the north.
Ltttert convey but very imperfectly, and
irtth no Ercut de^ec of safety, what we
iDigbt wibh to intorm each other of. You
Lave daa€? u§ a mkiterial injury by neglecting
lAiicxid u« a parcel of our i^ublicatiunijf and a
tuimbrT of copies of the Juryman's Rights ;
|if«y d«j not delay them any longer, and
ibctn sotiK nf the letters to Dundas.
e iCQt ilinburgh Gazetteer last
urr . , ! vou anotlier to-morrow ;
i see part of what has passed
tin noa — We remain, most »in-
iy, yuui fcDow-Ubourers in the cause of
** JnsEiMi GitanALD, delegate.
" M, AlAaoAaeT, delegate.
M. M« would be glad to receive a line
T* H. about private business of hit own."
Addfu^aed — " Mr. Thomas Hardy ."^
To Mr* William Scott. — Were thcK' papers
iiind in the same maJiAcr a& the other pa-
?— Tbcy were.
Mr* Bo»«r,— These are the proc«edinga of
Mr. Znkinr, — I confess I am not very anxi^
^ca Iw *lnjl out any evidence. I very probably
• tM^c lUii auiC, anU Vol 93, p. 7?7.
A. a 1794. fm
do not understand it; but I do not aee how
it bears upon the case. A& the case ^tanda^i
at present, the evidence is this. This &ocieL;
was formed* the object of its formation ha
been read in evidence, sid>ject tu such cotj-
struction as the j^entiemen of the jury upiofi
their oaths shall be disposed to put upon
it, iu curuicxion with all the rest ol the evi-
dence. They appoint two delegates to attend
tf/is Edinburgh Convention, and your lordships
wdl have the goodness also to recollect, that
the holding of tliat convention in not an act
which is charged at all upon this record ; but
the conspiracy, as it is called, was tu assein*
ble another convention at a very distant pe-
riod after this hrst convention had b&en uii-
persed.
We had it in evidence recently, we have
all heard within tliese five minutes that thohe
two gentlemen who were appointed as dele*
gates to represent the Corresponding Society,
of which the gentleman at the bar was se-
cretary, had instructions given them, which
instructions directed these delegates to pur-
sue clo.scly those rules and institutions ol the
society which have been read in evidence.
Therefore, my lord, if they have— I do not
know that they have, nor do I care whether
Ihey have or no— if it shoidd turn out in the
proceedings that are now proposed to be read,
that this convention at Edinburgh did, in the
moments of heat and irritation, which I take
for grinlcd always must belong to persona
in the situation in which they were placed —
if they had written, or said, or done any
thing; nay, I 'urill go farther, if Mr, Marga-
rot has done any ming, or said any thing*
not within the scope of the instructions given
to him, which instructions have been read in
evidence, and which instructions refer also to
the institution of the society, which has been
also read in evidence, I humbly contend thai
cannot affect the prisoner in any way : and
^ive me leave for a moment to call this to
me serious consideration of the Court,
The dcfenitant is charged with no act of
the Edinburgh Convention ; no, he is charged
with that of which if I could believe him one
moment in my mind to be guilty, although I
must stand here to do my duty towards him»
yet I should do it in another fashion tiian I
mean to perform it — he is charged with com->
passing and imagining the death of uur sove-
reign lord the king, whose hfe is dear, my
lord, to all the kingdom ; in order to prove that
he had from the beginning that wicked inten-
tion, for that wicked intention is the founda-
tion of the whole proceeding, and no act can
be given in evidence before your lordships,
nor will T sit here silent to hear any act given
in evidence that does not go to show the pri-
soner at the bar had that wicked compaasing.
I admit tliat, if they can show that any in-
structions were given to these two men, which
instructions carry upon the face of them (And
wlit'ther they carry it upon the face of tlieiu
or no is subject to the considemtion li)al lliey
431]
35 GEORGE IIT.
Triai of Thomat HatJy
[435
are to rec*i»e from the jury) evidence of Ihat
wicked intention, or that that ioteniioo can
be proved by any thing that is like inference
ur coaslniclian (for this is not an extension
of Uie statute al aU) this is matter of evi-'
dence.
My friend Mr. Gihbs and myself have sat
silent ; your lordships, I am sure, must agree
that we have given no sort of trouble to the
Court, nor do I mean in the progress of the
cause to give trouble to the Court; when,
thereforci they read any ihinff that comes
from Mr, Haroy, or any thin^ that dues not
come from him, though he is the mere in-
strumenty as the secretary of a body of men,
^et'if he mixes in it, we have never objected to
It as evidence ; but when they propose to read, I
do not know what it is — probably I am wast-
ing my own breath and your lordship's time
ill opposing that which wilt be of no conse-
quence, perhaps, when it comes to be read ;
but when I stand here defending this man,
who holds his life under the law, and I am
not defending his lite outy, but my own life,
and the life of every man in the country, I
must take care that the rules of evidence are
observed — I wish to know the nature and the
Sjality of the jmper* If it be something Mr.
ardy is co^izani of, if they can show that
tlie proceedings of the convention were known
to and approved of by Mr. Hardy, my objec-
tion falls to the ground, and I have nothing
to "^ay about them.
1/ird Chief Justice Eyre. — I take it foj
granted they mean lo do that, because,
oiherwibe, the proceerlings of the convention
at Edinburgh can be nothing in this cause.
Mr. Hitwer. — Tliere are subsequent appro-
bations of them without end t we shall read
evidence enough of that by and by.
I^rd Chief Justice Eyre, — There is enough,
ill my opiuiou, to let in the evidence ; the
ftppl nation of it is quite another considera-
tion ; this is the act of a body, to %vhich this
prisoner sent persons to act in his name ; he
may aflerwarfls to he sure object that they
«aeeedcd their commission, and therefore
thoy are ticrsonally responsible ; but I think
tlist will l>e observation upon the evidence, it
IS no oblectioD to tlie evidence.
Mr. knkine.—l am perfectly satisfied ; I
Cktity wanted to know what we were about.
Mr. Solicitor GeneraL^Mr, Skirvin| must
ill! ton%idered as agent to the society, and it
u extremely important, as it sterns to me— ^
Lord Chief Justice E^re, — It is agreed to
be read, subject to the observations that may
arttieupon iL
fllie M mutes of the convention at Edmburgh
were then read ; but as they have been
already printed at hill length in the trial
of the secretary, Skirving (^nl^ Vol-^,
pp. ^9l*'-M2)^ it IS thought oe^UesB
' ^ Th« rvidtr is requestud on refcffiiig aa
^v« to the Miltules, to inake Uic following
»rrtt ttoiis ;
^
here lo repeat them. It should, how-
ever, be noticed, that on this trial of
Hardy, the blank which the reader wtU
observe at the end of the Minutes (pk.
449), ^^^ ^llcd up with the'* Peelamtiott
and ReFolutioDs/' which by the coftven-
tion were ordered to stand last on theif
Minutes, but which, in fact, had never
been incorporated into the original docu*
nient. 1 he ** Declaration and llesolU'
tions" will be found in the indictment
aj^aiost Aleiunder Scott and Vol. S5, p.
385.]
Mr. John GurneiL—l foutd tbeit ^%\
in the prisoner's house.
[They were read,]
« Edinburgh, Dec. 8, 17^3.
" Fellow Citizens ; — We desire that a copy
of the inclo&ed papers be kept hy the socle^**
and that another copy rjf them be deliveroa
without delay to citizen Martin, in order thai
he may proceed thereupon immediately.
*• You will already hare had confused ae*
counts of what has taken place here for the
last four d.'iys, but on Tuesday next the Edin-
burgh Gazetteer shall (if despotism permit)
give you a complete detail of cvers ' " litj
siocicty will thereby be able to di- it
our arrival in Scotfar.d has been priMUKnvc of
great advantage to the cause, and at the ^mc
lime has given great abrm to our eneinic%.
We are very much surprised at the remiss-
ness of the society, while we are ptrnn*.m^
our life and liberty, while we ar \\
our time and our exertions to th^ r^
while we are incurring numhcrless expenses,
and aftrontin^ dangers which would stager
the most haro}* of them ; while wc arc doing
all this, we are moreover obliged to reminS
them of it, and that supplies are now become
more necessary than ever. Purely the pecu*
uiary exertions of any individual fti ' i-
ely can never be compared to our < : . ;
honoured with their confidence, wt nun our-
selves happy in biin^ placed in the IronC of
the battle ;'hul let tnem remember that our
sacnficmg ourselves will be of little use^ un-
less they^atford us a proper support, and that
most immediately. Not darmg any longer
to trust lo the post, we send you all these
papers in a parcel ; you will be so good as to
make us acquainted with their sale arrival.
Gcrrald wi«^hes to get to I^ondoQ as soon as
possible: he will communicate that whkb
cannot be so fully expressed by letter; jou
may consider lliis as a private letter, hut you
may read such parts of' V i " ' ' »*
per, to any member of ti !y
where it may be nroduttivr u
will 9«e by the iivclosed pa|^ r
has proceeded in a most arb.ii«.j ..>..j.i..i;
almost all the prommeot cbarmctcrs m the
P, 411. 1. v-l from bottom ^ ^tr paragm^b
in$tri by paragraph,
}'. 410. i ^, ofitr kmm immt what.
433]
Jot High TreaMm.
coDrention have been, or arc to bo appro
bended and examined. Lord D:icr will, wc
believe, meet with no n'catcr r;ivoi]r tliun
ourselves; wc understand that there ir> a war-
lant out against him. As an account uf what
fats happened to us would exceed the hounds
of a letter, we will only just give you a sketd)
of h, by way of journal, referring you as wc
taid before, to next Tuesday's Gazetteer.
^■Thitfsday morning at seven o'clock, a
aheriff^s officer, followed b^ five other men,
entered our bed- room, informed us he had a
warrant (which, however, he refused tu sliuw)
for apprehending us, and seizing our papers.
We remained confined all day ; at night wc
were examined and admitted to bail, each in
the sum of two thousand nierks.
"Friday morning, at nine o'clock, wc wcio
sent for again without a warrant, fur the pur-
pose of being present at the opening of a
iinall trunk, containing our papers; but M.
U. protesting against ^tlie ille^ity uf the
whole of the proceedings, and refusing to give
np the key, the sherifl* substitute and the pro-
curator fiscal dared to proceed no farther in
tbe business.
" Saturday morning at nine o'clock, two
mesMngers came agam into our room with
Gerrald ; the>r lef^ a summons to appear at
ten o'clock with M. M.; they lefl nothing
bura request to accompany Gerrald to the
office, yet when arrived there, he found that
a warrant was issued against him, for the
purpose of detaining him a prisoner. While
the box was opened, and the pai^ers examined,
M. M. still p^rsistinp; in his rri'nsal, the key
was furcrd from him, the trunk was opened,
the papers examintd, and p.irtly restored; the
other part was kept, and a declaration drawn
up whKh he wab required to •tizn, but rehj>»ed,
piotesting against tlir* whulc o't the business.
Gerrald^ however, f^i^rned what was drawn up
in his name, and we were once more libf> '
rated ; and sinru then, now alr^-ady twcnty-
ibur hours no further persecution Itas l>ecu j
rommenccd against us ; but wlak wp, as in-
dividualft, were ttaia hara^^frd, nhurvldy)
the whole of tlie convention were cq tally iiJ
used ; many of ihcm were liiken into f.a^^tody,
and wlien the remainder m»^ ah usimI, the
pKMOst, attended by hi* iiiym.id'^ii-, w*.rii.
and after pulling Miittbew LampU:!* i;rosvne,
of .Sheffield, out of ibe cluii:. orrJ'frt'j t:i« c^fj.
v«ntkM] to di-perie, and iM'^rn.f.d lh'.r;i that
he woald allow do ^ticii :ii<:e*.ii.-z% iri i iKnit.
(Vriday) the next day, Vji '.oii-.«;i.»Jo*» uw'iwz
a'^reed to meet at an^u.cr \ .ach, o jt o* Xii*]
jurisdictioii of the pr^-v.-:-. we hid i*vi
beealoDg arsembied L'.i.rf 'j.t t:,';r.:;. '..-.i:.
his myniii(ioD&, appetfe^ -'r-vr^ '^^-.'AiiC'.tij-
mandcd us to ccpart; -a'^: L&\.:*-^ ferce^
whether that meetiris »a* u*t iir ».-':. (.ou-
veatkMi,aud being aJfr««r€xi :i. t.v.- 'cr..r.ii^
five, he next inouired v:,o wa$ y:*-i^ti.i,
inoo which M. 51. J^vxi: ope:..;, ferr.f:, v.^'.
oMained Icstve of the odu »>».•- vLij ^-.--vc n.r^
idf in tfae ctoir i tfifarmeiS tut ti^, :Jz mj6,\ :.»
VOL XXIV.
A. D. 179i- [4M
y\. M. was then president of tlir l)riti>li Con"
vcntion, and that he would not hreuk up tho
meeting unless unconstitutional lyfurrc<llhrre-
initu by the shoriirs pulii.ig liiiu out of the
cliiiir; which the bitter (after souw liitlu
liositalion) having complied with, llu; fX-pn**
.^idcnt ((icrnild) was also mil inln i\\v chair,
whicJi he would not leave but by lieinj* pullcti
out ; adjourned the funvcntiuu to the plaru
where it was to Itecome permanenl in ita sir-
ting, and having called upon hiH riillrai^hl
Gerrald, fur to cIum; the niet'tin^ with prayrr,
the company deimrtcd peamably, but nut
without various rellections uu tin; pro-
ceedings, and those reflections not confuuid
merely to the nitinl>ers of the convention, but
coming also frofii the crowd without doors,
and even frr)iii the attending constables. Tlio
ni^xt day a nrorlamation was i.ssurd liy tlio
provost, furbifldin^ all asseiubling witlnn tho
limits of his jurisdiction. We know not what
will happen, but we vonture to predict that
all this uersecution will im^reasc; rather Ujaa
diminibh theardour of the people for reform.
The country societies hearing of this, are
hourly poiinng in fresh delegates. Want of
paper forbids my writing any more. -> Adieu,
yours, M. M."
<' KdMnrghf December 19, 1793.
" Fellow Citizens ;^It is impossible for us
to find time to write you as we ought ; every
instant we arc interrupted, or rather the Iioumj
is not free from visitors from early hour until
twelve at nii;lit, and we have besides sin h a
variety of buMuess ufKiU our handi tiiat we
ran scarcely make any progress. llowev«-r,
as Sinclair, the delegate of tfie .Society for
Constitutional Information, will anivc m
town as M^on as this lett'rr, he will be aMe to
trive you ari aixuratt verbal detail <A all tbe
infamous pnxxtdjn;:^ wl.i'h liavct^ikcjj \.huf
li'.r':— M'iK»? progress of rclorm, and ol the
J- 1 xIjs for fiitur'; op'-ralion-.. My '.'AU.hzmh
(i'.rrild al":0 I'ropo«^';s to leave U*:i phf.*; th<f
l;iM.'.r Mi'J of tbi-, or the lA-'/iniiiij^ of n*;xl
w»;rk. He v,il\ #.-K|ilain hinjvJf trj yyi. Vny
ytiA bi:n rnori'ry for his journey, ten. If*; .•
I. ',w '.",:.«.* 1.0 J Vr It: on v#.ry ur;^«,r.l b')*):.'^.'-,
i.^'-iiv: j!i'i from enter) fj;; n:to ?ji.y 0*.^^.. :.».
j.re-s^-.-t. V. «. .',av*: to v.kfi'iV-. "J J'; y^if »/-.o
J<-tit»t'r-: \it*.y f.dju'z -':.'-. fV A '-»•*, f-*.-.^
«i....'.t:«;'J tjit., :,■.!: fi;i\ . j,'.«r \:.*,.T I;!**:,
V :.*..•' t i-'i'. i'.IiV '^r..» !it»i.i •*•: ' •.: A i«..--
;v,: f.r-l :; ' •■ ;.-. 'Liu'* :•/! l.^« '■' :;• :.' c-
.'•■*■ » • *. ■»•• • .
» IKK. «t •■ *. '
.. v:- v.- • .:
I
will give you no reason to think vour prnise
premalurely beslovved. Since Sinclarr'a acpsir-
lure nothing new has occurred, eiceoting the
ibrmation ota society some where atoiil the
Grampion Hills ; they have already got the
intelligence that the convention mean to en-
lighten the Highlands; and lliey testify their
gratitude for our remembrance and our exer-
tjons, and liave already made a subscription
towards it^Again in term p ted, and likely to
lose the post, unless I dispatch this iinniedi-
atcly. Believe me fellow citizens, yours unto
death. " M.iurice Mabo^rot/*
** Pniy, my worthy friend Hardy, did you
some weeks oack receive an enclosed letter to
Prcval ? Did you likewise receive the papers
and parcel sent you by the Charlotte, on Wed-
nesday the lOih instant? Have you done
any ihing with that piece of paper? Have
you written to Norwich ; luid have they an-
swered you ?— I have sent thctn news regu-
larly, but have not received a single letter
from them. Send them some fresh mode of
directing to me, or else let tlieui send Iheir
fetters to you first, — Pray question Sincbir
most particularly— vale Jk amor."
Addressed
' Mr. Thomas Hardy, No. 9, Piccadilly.*'
Mr. Thmrnu Maclean^—l found these two
pupers in the posses&ion of Mr, Adams,
Ahrandcr Grant said he believed tliem to
be tlic prisoner's hand-writing.
[They were read-]
** London January 10^ 17 5i.
" Citizen Adams ;— The Ijondon Corres-
pondm^ Society begs the society for Constitu-
tional infurmatiou to accept of a few copies
of M. MargaroVs indictment.
" TnoHAS Hardy, secretary.
** P. S. The London Corresponding So*
ciety is to have a general meeting, and anni-
versary dinner on Monday the 20ui instant at
the Globe tavern, Strand/'
Addressed
** Citizen Adams, secretary to the Society for
Constitutional Information/'
" London^ January lUA, 17D4,
** Fellow Citizens ; — I have just received a
letter from citizen Margarotat Edinl>urgh,
with some of the Edinburgh Gasdcttccrs, where
you will see that citizen Skirving is found
guilty, and sentenced for four teen years tnins-
porlation to Botany Bay. Margarot's trial
comes next, he meets it with great Annncst
and resolution. I hav^- n^^ V'ne to make my
GOnunents on the p: , but I think
our opponents are cr i own Hiroats
aa fattaa Uiey can. r iin
lodofiorocthine wofti da-
fendemof I ati ♦! the 1
jiel, arc ^v wonder*.
hopes to have time very soon, frhen his trial
is over, and immured in a prlscin. The Lon-
don CorrcsponduigSucicly is to hate a gene-
ral meeting, and an anniversary dinner on
Monday the 20th instant at the Gh m,
Strand." I have sent >ou some ol ^ s
and Skirving'5 indictment^ with two copies of
a pamphlet on brewing i he is a member of our
society, the author ; if you approve of il^ j^on
may put it in practice, and be a great saving
to many families, also a diminution of the re>
venue, for every one brewing their own beer
pay no duty for it, excuse haste ; 1 still remain,
&c. (Signed) « Tho. Hardy/'
Jamet Datfidson sworn.— Examined b/ Mr.
Garrom.
I believe you are a printer by business 1^-
Yes,
Were you employed at any time %o print a
number of these papers ?-^Yes.
When were you employed ? — I believe it
was the 20th of February last.
By whom were you employed f — TbelwaH
brought me the manus<:ript*
Was any body with him when he eame
with it?— Yes, there was, but 1 do not reajt
lect who.
Were there more persons than one?^No*
What orders did he give you respecting it"
— He desired me to print off
Mr. Ertkine.—Js this evidence ?
Mr. Gflrrou?.— We submit that »li«.
Mr. Erskine, — ^I'hcn I object to it, what
Mr. Thelwall said is no evidence against Mr,
Hardy.
Mr. G arrow. — I !;ubmil to your Iord»b
that it is the clearest evitlence in the worl
after that which your lortlships and iheji
have already heard. We have proved, by
great variety of evident *% mucn of it und,,
the hand and iiignaturc of the prisoner now at
your lordship*s bar^ much by papers r-^"' tq
Iii s custody a t th e t i m e o f b is ap pr r i
clear connexion and conspiracy upu;. ...^ ,,f>.
jcct of this high tre?-son between Mr.
Thelwall and the prisoner. We llirrrTore
submit to your lordships with coof it
with deference imdoubtedlv, that a r^
of Mr. Thelwall, or any other person against
whom we have given evidence, fit to be sub*
mitted to the jury of their accession to the g^
neral plan of the conspiracy, is clearly cviden<it
against every man cliarged with 0 1 i li-
racy ; thisUiercforeisanactofMr, ) ;
it is hardly worth discussing in tin
only that \X is as well to do it th^ .*)
that the objection s^-*?*^ • *'Tt ^v- r
evidence, such as t
the printing; Imi
Thelwall ami '
'"8
i ilS
' t
i«8 iaih«|^
i^h tf<?.won* w«
1 tauc U) yttiic to ^im
Uu
\ here i» no tnimtier oTdoiiM
m«it upon an mdictiiietit for h, eo<tU|4racyj bt
Jot High Treason.
6oti»ptracy to do one ftct, or another act^
be Uwj quality of the act done, when it is
ie,.wliat it ma^, that as far as you can con-
(persons acting together towards one pur-
ise^wiitch purno&e constitutes thecrime^ you
ulijiilkipdK involve them together by
not the question here. I
i ^mJ that I have no anxiety
tbt; subject, because it is a printed paper
bm been in all our hands, and was ye»-
ly stated at great length by Mr. Attorney
iral in the course of his opening ; but it is
that the proceeding's may not be cmbar-
' in tlie course of thcui that makes nie
iterpose.
Mr. Tbelwall gives a paper to this witness
be printed, if my friend Mr, Garrow can
w that Mr. Hardy afterwards paid for the
i(in^ of this paper, then this will be so
luch ttme lost; but if thai is not before your
' [tp», as it is not, there may be a difl'er-
\a the quality of the act, by the proceed-
iarthcr to the printing a paper ; for in-
"#- fuppose this paper itself contained
thioj; criminal, could your lordships
tea that crime upon the prisoner^ by Mr.
Iwsir^fc having directed this gentleman to
it it f the knowing that a paper is printing,
p¥ing an authority to print it is different ;
kosiag that paper contained treason in it-
^ r, which I Lnow it docs not, that might be
Olimiaion of treason, but could not be treason
itBtu, therefore I Iiumbiy apprehend that in
A cnminal case of this enormous size your
kcdihips will not stretch the rules of evi*
defice. so as to allow it to be asked of this
V [icther Mr. Thclwali did direct him
( ler, Mr. Hardy, not being present)
II' j rsiL Lhiit paper, the nature of which I do
t I lief Justice Eyrr, — That is what I
m'z to observe, the insisting on one
' iiiigoi» the other, is perfectly
not kuowinjo^ what the con-
r are, the Court cannot judge
lanch of the evidence of the
icy, or something per^nal
f risoner has nothing to do.
—I take the liberty of stating
< urt, that the ground and foundation
wbirh I humbly submit to read this
i^, Uiat it is an instrument to carry into
tjje {general high treason charged in
• One stage or step of the
3 ]»njKT to excite the subjects
'»cir allegiance, and
iCc to set about to
y rorce to assume the
lure. It is as an instnt-
i 1*' carry that into effect that
id it.
^-U vni.r lordship to take that
-n?
■ rf— It is nccosfary
' Court to jndeu whether it is
J you describe, to open to us
llaH pan of tiie paper which you aay bftn thai
A, D, ITfH..
[4S8
pro...
tendency. I have cast my eye over the paper,
I and I see that there is a passage in it which
does go to the general objecL
Mr. Gibb$. — I understand tlje point tliat
IMr. Garrow contends is this, that though Mr,
fiardy only is now upon trial, yet because
one overt act laid in the indictment is, that
papers were pHblished, that for the purpose of
proving that overt act, part of a paper de-
livered by ISIr, Thelwall to be printed i» to be
given in evidence against Mr. Vlardy*
Mr. Gorroir. — 1 shall not by any ingenuity
of my friend be drawn into the argument of
an abstract question, I forbore to state the
paper, lest it might be said I was giving the
effect of it; I will now state the passage which
I say demonstrates tliat it Is of that quality.
** You may ask, perhaps, by what raean$
shall we seek redress? We answer, that men
in a slate of civilized society are bound to
seek redress of the grievances from the laws
as long as any redress can be obtained by the
laws. But our common Master whom we
serve (whose law is a law of liberty, and
whose service is perfect freedom) has taught
Its not to expect to gather grapes from thorns,
nor figs from thistles. We must have redress
from our own laws, and not from the laws of
our plunderers, enemies, and oppressors.
There is no redress for a nation circumstanced
as we are, but in a fair, free, and full represen-
tation of the people.**
Now we allege and humbly insist that we
have given much evidence to show that the
purpose of this conspiracy, which is charged
to be high treason, was, by force to assume
the powder of legislation, iu despite of the con-
stituted authorities of the country, as they at
present happily exist here, by substituting a
convention of the people.
Mr, Enkint. — Our objection i^ merely with
regard to this coming from Mr. Thelwall ;
your lordship will dispose of it as you please,
I have no anxiety about it.
Lord Chief Justice Eyrt, — This purports to
be a paper containing a resolution at a general
meeting of the London Corresponding So-
ciety, held at Uic Globe tavern ; it is brought
to the printer by one of the members of Inat
society, the prisoner being another member of
that society, acting in that society as the secre-
tary ; then thev bein^ both involved therefore
hi the proceedings oT that society, and this
being a printed p;ipcr produced by one of
them, it does seem to mc that in a gcne.ral
charge of a conspiracy this is c^ ' > (i
prove a circumstance in that <
whether it will be ullimalely so bro
to the prisonrr, Hanrly, as that h^
responsible for the
it, may be auoil.rr
is a branch of the < >
stance occurring in it
plainly proves. Itdoi
that it is admissible.
Mr. Gttrrow.- -What direct tons did
Thelwall give you when he brought
1 )ii, but that il
, and a circum-
!ui[»Drl of thr p:iper
III lu me, therttbrvi
Mr.
you
489] S5 GEORGE HI^
the Bianuficript for the purpooe of printing?—
Ee told mc to print off two t^Musand and
then stop.
What were you to do .with the two thou-
9eiid when you had printed them ?
Mr. Gibbs. — ^Does your lordship think
that all the directions which Mr. Thelwall
gave, arc to be received in evidence?
Lord Chief Justice Eyre. — ^Whether it is
two thousand, or what number, cannot be
material, it is the publication of an act of this
eociety.
Mr. Enkine, — Your lordship means that it
will have an application to every member of
the Corresponain^ Society.
. Lord Chief Justice Eyre. — It applies to the
society, as far as relates to the general trans-
actions of that society, but as far as it may
constitute individual guilt, which may be se-
parated from the general guilt of the parties
to the general plan, that is another considera-
tion.
Mr. Garrow, — ^Did you print the number
ordered ?— Not that day.
How soon did you print them ?— I printed
two hundred of them that day, and carried
them to the Globe tavern ; when I went to
the Globe tavern I met Mr. Ilardy on the
stairs.
Did you know him before ?— Yes.
Were you a member of the society your-
self?—Yes.
You had then probably been present at
some of the meetings of the society. — I was
not at that meeting.
Ilad you been present at any meetings of
tlie society before you met Mr. Hardy upon
the stairs at the Globe tavern ? — Not some
time.
Had you ever seen him there ? — Yes.
In what chanicler did he act at the meetings ?
— In the character of secretary.
What passed when yuu met him on the
stairs?—! told him I had brought two hundred
copies of the rcbolutions ; he desired mc to
take them back again, and not distribute one
of them ; accordingly I went home with them,
and returned again to the Globe tavern to
dinner.
You said February, do you mean February
or January ? — 1 am not sure to the month.
Was it on the day at which the reso-
lutions were come to? — The day of the meet-
ing.
At what time of the day was it that you
saw Mr. Thelwall when he brought you the
copy ? — It was, I believe, between one and two
o'clock.
At what time was it that you carried the
two hundred copies to the Globe tavern ? —
Between four and five.
You returned home with tliese two hundred
by the direction of Mr. Hardy, and came back
to the Globe tavern to dinner ? — Yes.
At what time was that ?— At pretty nigh
SIX o'clock.
Were you present at the time these retohi-
Triai of Thomas Hardy
(440
tions were proposed ia the society ?«*-No^ I
was not.
Was it oo the day upon which the reeolu-
tions purport by Mr. Thelwall's Piper to be
come to, that you went to the Globe taren,
or a month aller ?-*-! had the copy on the
18th, and delivered the two hundred on ttie
SOth.
Look at the paper, and tell ua whether
it was Januaiy or February ; ii the date cor-
rect?—Yes.
Then do you believe it was the 18Ch of
January, and not the 18th of February, upon
which you had the copy ? — Yes, I see now
that it was January.
Have you any doubt of that ? — ^Nonc-
When you returned a^n, was it to a pri-
vate dinner or a public dmner of the society ?
— A public dinner, every one paid for his
ticket.
Was there any chairman at the dinner?
did you see any person in the chair ? — I am
not very sure, I think Mr. Thelwall was in
the chair, but I am not sure.
Was Mr. Hardy there ? — Yes, he was.
When you returned to dinner, did you
carry any copies of the paper you had print-
ed with you ? — No, I did not.
What did you do with these copies sifter-
wards ? — Somebody was sent for them to my
house.
Where from ? — From the Globe tavern.
From the meeting ?— Yes.
Were they brought to the meeting? — ^They
were.
What was done with them there?-— I saw
only one of them.
Where did you see that? — Somebody
handed it round the table, I am sure I do not
know who it was.
How many persons might there be assem-
bled at that meeting ? — I dare say there weft
about three hundred or thereabouts, as near
as I could guess.
How late did you stay ?— Till ten o*clock,
or thereabouts.
Did yuu print any more of them at any
time ? — ^Yes.
When ? — I cannot be particular to the time,
I printed in the course of that week, I believe,
a thousand more.
By whose order?-— Mr. Thelwali's order
was to print two thousand ; I completed the
two thousand according to his original order.
What did you do witn them when you had
printed them?— I carried a good many of
them to Mr. Hardy's.
What did you do with the rest ? — People
ctme for some now and then.
What people? — Some of the members of
the Loudon Corresponding Society came for
them.
And did you deliver them as they came for
them? — ^Yes, some asked for a doien, or half
a dozen or so, and I delivered them.
Did YOU print any more than the two thou-
•ud which Mr. Thelwall originally onleiad?
411]
far High Tremon.
A. D. 17»,
[442
^To die best of my recollection I printed
5ix thousand more.
^y whose orders did you print them P — ^I
believe Mr. Hardy (rave me orders to go on
with them till I should be desired to stop.
Were you ever desired to stop^ and when ?
•*I was desired to stop, I beheve, in the
month of March.
Did you go on printing them till the
month of March? — I did now and then occa-
sionally as they were wanted.
How many thousand might you print in
all ?— Eight thousand.
Who paid you for them?—- They are not
paid for yet.
On whose credit did you print them? did
any body at any time promise to pay you for
them ?— No.
Had you any conversation with Mr. Hardy
about being paid for them ?— No, I had not,
DO farther than I put them down to the cre-
dit of the society^
Who desired you to do that ?— He did not
desire me ; but he, as treasurer, was to receive
the money, and see the debts of the society
paid«
Who was?— Mr. Hardy.
Did you make the society debtor for them?
-Yes, I did.
Have you printed upon other occasions for
the society ? —I have.
Who paid you? — Mr. Hardy.
[It was read.]
" AT A GENERAL MEETING
*' OP THE
« LOSDOS COHRESPONDISO SOCIETY,
** Held at the Globe Taverv, Strand,
" On MONDA Ythe «0/A Bay of J A NUAR Y,
«' 1794.
-CrnZEN JOHN MARTIN, m tuf.
CHAIR.
^ The following Address to the People of
Great lirUain and Ireland, was read
and agreed to.
** CmzESs;— We fmd the nation involved
io a war, by which, in the course of ON E
Campaign, immense numbers of our coun-
trymen have been hlaiighlorwl ; a vast ex-
pense has been incuirnl, our Trade, Com-
mcrrc and Manufactories, arc ahnnst de-
stroyed, and many of our Manufactiircrs and
Artists are ruined, and their families starvin<».
•* To add to our ufliiction, we have reawn
to expect, that other taxes will soon be added
to the intolerable load of im|>offls and impo-
sitions with which we are already over-
whelmed ; io\ the purpose of defraying the
expenses which have been incurred, in a
fruitless cnr^r, to re-esUblish the odious
despotism of France.
** When we contemplate the principles of
this war, we confess ourselves to be unable to
approve of it, as a measure, either of justice
or discretion; — and if we are to Ibrm our cal-
culation of the result, from what has already
passed, we can only look forward to defeat
and the eternal diserace of the British name.
^ While we are tnus en^ged in an expen-
sive and ruinous and foreign war ; our state
at tiome is not lest deplorable.
« We are every day told, by those persons
who are interested in suppcHtine the Corrup-
tion List, and an innumerable l£)st of iSinefiire
Placemen, that the Constitutioii of England,
is the perfection of human wisdom; that out
Uws (we should rather say, Their laws) are
the perfection of justice; and that their Ad-
ministration of those laws is so impartial and
BO ready, as to afiford an equal remedy, both
to the rich and to the poor; by means of
which, we are said to be placed in a state of
absolute freedom, and that our Rights and
Liberties are so well secured to us as to ren-
der all invasion of them impoMible.
" When we ask, how we enjoy these trans-
cendant privileges ; we are referred to
MAGNA CHARTA, and the BILL of
RIGHTS; and the glorious REVOLUTION
in the year 16B8, is held out to us, as the
bulwark of British liberty.
"Citizens;— We have referred to Magna
Ckarta, to the Bill of Rightt, and to the Re-
volution, and we certainly do find that our
ancestors did establish wise and wholesome
laws: but we as certainly .find, that, of the
venerable Constitution of our ancestors, hardly
a vestige remains.
« The only Chapters of the Great Charter,
which arc now in legal existence, are the
14th and 99th.
"1'he important provision of the 14th
Chapter, runs thus:
" * A Freeman shall not be amerced for a
small fault, but aQer the manner of the fault ;
and for a great fault after the greatness
thereof, saving to him his contenement ; and
a Merchant likewisye, saving to him his mer-
chandize ; and any other's villain tlian ours
shall be likewise amerced, saving to him his
wainage ; And none of the said amerciaments
shall be assessed, hut by the oath of honest
and lawful men of the Vicinage.'
** But by the usurped power of the judges,
in assewin^ Fines (and what Fines J !; in the
cases of Misdemeanor; this glorious Right
of the Sul»iert, of having these fines assessed
by the Jury (the only possible protection
from slavery and the vilest oppression), is
unjustly and infamously ravi^hea from us.
*• The provision of the 89th chapter, runs
thus:
*" No Freeman sliall be taken or impri-
soned, or be disseised of his freehold, or li-
berties, or free customs, or be outlawed, or
exiled, or any otherwise destroyed, nor we
will not pass upon him, nor condemn him,
hut by the lawful judgment of his peers^ or
by the law of the land. Wt iviW v\\ \a v^^
443]
35 GEORGE lU.
Trial ofThomat Hardy
[444
•Hi we will aot deoy, or defer to any mao,
I cither justice or righi/
I "The various methods now in constant
I inractlce by which the benefits of this provi-
Eaion are totally defeated and destioyed, raight
[indijce us to suppose, that the GREAT
[CliAHTER has lieen repealed ; if we did not
•ssuredW know, that it is the fundamental
1>asi5 of our constitution; which even the
E£AL representatives of the people (much
Jess the miserable nominees of HELSTONE
and OLD SARUM) have not tlie right, nor
(as we trust it will be found by experience)
the POWER to repeal Yet what do we find
in practice ? Unconstitutioual and illegal IN-
FORMATIONS EX OFFICIO, tlial is, the
arbitrary will of the king's Attorney General,
usurping the office of Uie ACCUSING Jury;
and the interested oath of a vile common
informer, with thejudgnaeul of as viie a com-
mon trading or pensioned justice, substituted
in the room of our birthright, an impartial
trial hv our couniry*
Add to this, that the exorbitant expense of
judicial proceedings, the novel practice of
arbitrarily and repeatedly annulling the ver-
dicts of Juries, and the dilatory practice of
the WMirls, most openly and shamefully con-
tradict the clause which forbids the denial,
the delay^ and the sale of justice,
** A man accused of Felony (for which by
the common law of England, his hfe and
goods are forfeited) may be bailed on finding
two sureties for forty pounds each ; but upon
a charge of MISDEMEANOUR by o^rA
only, bail to the amount of ONE THOU-
SAND POUNDS has been demanded,
" Upon conviction also, for such misde*
meanour, enormous fines, long and cruel im-
prison men Is unknown to our ancient laws,
and unsanctioned by any new statutes, have
of late (and but of late) been too frequently
and too oppressiveiv inflicted. And all this,
although by Ihii bill of rights it is declared,
that * excessive bail shall not be demanded,
* nor cruel and unusual punishments in-
* tiicled/
** If we look to IRELAND we find that ac-
knowledged privilege of the people, to meet
for the sui>port and protection ol their rights
and liberties, is attempted, by terror, to be
taken away by a late ini'amous act of parlia-
tnent; Whilst titles of honour! No, hut of
dbhonour, are lavished ; and new sources of
corruption opened^ to gratify the greedy pros-
titution of those, who are the instruments of
this oppression.
<*In SCOTLAND, the Wicked Hand of
Power has been impudently exerted, without
even the wretched formafity of an act of
ParUaracnl, Ma^isltiiles have forcibly intruded
into the peacetul and lawful ^ ^ of
rre^men; and, by force (not i>ut
law, but against law), have, uinki ^^ummh of
magislerial office, intenuptcd their dclibcm-
t)ons,and |>rcventcd their association.
''*n)c wiadoin and good conduct of the
BRrnSIl CONVENTION at EdinburgU
has been such, as to defy their bitterest ene*
mies to name the law which they have
broken ; notwithstanding which, their pap
have been seized, and made use of as evida^
against them, and many virtuoas and meri^
rious individuals, have been, as cruelly as
unjustly for their virtuous actions disgraced
and destroyed by infamous and illegS sen-
tences of transportation. And these unju
and wicked judgments have been ciecut(
with a rancour and malignity, never befl
known in this land ; our resnectable and he*
loved Fellow-citizens have been cast fzu
TEBED into Dungeons amongst felons in the
Hulks, to which lliey were not sentenced,
" Citizens ; — We all approve the senti-
ments, and are daily repeatmg the wordd, for
which these our respectable and valuable bre«
thren are tlius uujustl^y and inhumanly sui^
fering, Wc too, associate in order to obtaiil
a fair, free, and full representation of the pep*
pie iu a house of real nattooal representatives.
Are we also willing to be treated as Felon i^
for claiming litis our inherent right, which we
are detcrmmed never to forego out with oui
hves, and which none but thieves and traitors
can wish to withhuld from us ? Consider, it
is one and the same corrupt and corrupting
induencc which at this time domineers in
Ireland, Scotland, and Enzland. Can you be-
lieve that those who send virtuous Irishmen^
and Scotchmen fettered with felons to Botany
Bay, do nut meditate and will not attempt to
seize ftie first moment to send us after them ?
Or, if we had not just cause to apprehend the
same inhuman treatment ; if instead of tha
most imminent danger, we were in perfect
safely from it; should we not disdain to enjoy
any liberty or privilege whatever, in which
our honest Irish and Scotch brethren did not
eaually and as fully participate with us^
Tneir cause then and ours is the &aroe. And
it is both our dulv and our interest to stand or
fall together. Toe Irish parliament and the
Scotch judges, actuated by the same English
induence, have brought' us directly to the
point. There is no farther step beyond that
which they have taken. Wc are at issu
We must DOW choose at once cither liberty I
slavery for ourselves and our posterity, WJ
you wiitlill BARRACKS are erected in c%^c
vill^c, and till tnhtidiicd Hessians and T'
verians are upon usf
*' Vou may ask perhaps, by what
shall we seek redress f
" We answer, that men in a slate of civ^_
lized society are bound to seek rcdrtra* of "
grievances from ihe law§* iw long a»aoy i
drcs'^. ■■ . ' ■ ■:■;'. ' V ;;-• ^ ■ "^ '
cum:.
a lavv
(rccft
Qpprcssoi?
far High Treaton,
" THERE IS NO REDRESS FOR A NA-
TION CIRCUMSTANCED AS WE ARE,
Bl^T IN A FAIR, FREE, AND FULL RE-
PRESENTATION OF THE PEOPLE.
** RESOLVED, that during the ensuing
icssion of parliaQicnt, the gefleral committee
of this society do meet daily, for the purpose
of watching Ihe proceedings of Ihe paniament
and of the administraUon ot tlie eo^^erament of
this country. And that upon the first intro-
duction of any bill, or motion inimical to the
liberties of the people, such as, for LAND-
ING FORECON TROOPS IN GREAT-BRI-
TAIN or IRELAND, for suspending the
HABEAS CORPUS ACT, for proclaiming
MARTIAL LAW» OR FOR PREVENTING
THE PEOPLE FRt>M MEETING IN SO-
CIETIES fur CONSTITUTIONAL INFOR-
MATION, or any OTHER INNOVATION
of a similar nature, that, on any of these
emergencies, the general committee shall is-
•ue summonses to the delegates of each divi-
sion, and also to the secretaries of the different
societies affiliated and corresponding with
Ihis society, forthwith to call a GENERAL
CX)NVENTION of the PEOPLE, lobe held at
such place and in such a manner as shall be
specjticd in the summons, for the purpose of
taking such measures into their consideration.
** Resolved, that the nreccdinEj Address and
Resolution be signed l>y the chairman, and
printed and publiflied.
« J. MARTIN, niAtRMAN*
« T. HARDY, sEcasTARy/'
" Committee Uoom^ January «3, 1794.
Resolved UNANiMotistv; — That a bun-
tired thousand copies of the address to the
people of Great Britain and Ireland, voted at
the general meeting, be printed and distribut-
ed by the society.
" Raohcd Unanimously^ Thai the follow-
ing toasts, drank at the' anniversary dinner
oflhe society, be printctl at the end of the ad-
dress*
" I. THE RIGHTS OF MAN; and may
Britons never want spirit to assert them.
** IL The Brititit Contention^ lately held at
Sdinburgh; and success to the important ob-
ject it had in view*
'• HI. Citizen William Skirvin^^ charged
bv the sentence of the court of justiciary, with
the honcmr of being the cause of calling that
convention.
** IV, The Lond<m Corretponding Societi/^
and other patriotic Societies of Great Britain
and Ireland.
** V^ Citixtn Maurice Margaret^ the con-
demned delegate of this society; and may his
manfy and patriotic conduct be rewarded by
the attachment of the people.
«* Cititcn Gerrald tlien arose, and in a
stream of inspiring eloquence, pronounced the
just eulogium of tfiis truly valuable citizen, so
emphatically called bv Litiztn AUckewn (one
of the witnesses on fas Uial) the SECOND
^
L
D. 179t.
SIDNEY.* He concluded with wishing we
might rather die the latt of British Freemen
tJian lire ihc Jtrsl of stares,
** VI. Citizen Joicph Gerrald, tlie other De-
legate of tliis Society, now under prosecution;
and may his concluding sentiment be en*
graved upon every British heart.
*• VIL The transactions at Touhn, M;
Britons remember them as they ought,
profit by dear bought experience,
'* VIIL Citizen Hamilton Rowan^ and
other true patriots of Ireland t and may
authors of the CanTention-Oilt hnd that they
have committed a tmll.
** IX. Citisenn Muir, and Palmer — Ma^
their sentence he speedily reversed, and
tany-bay be peopled with a colony of real c:
minals,
" X. Sttccess to the armsof Freerfwn agai:
whomsoever directed; and confusion to «/<
pots with whomsoever alliefL
" XL All that \% goodm every constituttDn f\
and may we never be superstitious enough "
reverence in any tliat which is good for i
thing,
« XIL CUiun Thomas Pome— May hh vi
tue rise superior to calumny and suspicioi
and his name still be dear to Britons.
*^ XIIL l^rd Lough boron ghf the Earl
AfoiVff, Sir Gilbert Elliot, and the other apo!
tates from liberty: and mav they enjoy tl
profits of their apostacy so tong as they live.
" XIV^. A speedy and honourabfe peai
with the brate Republic of France,
u XV. The starving manufacturers and net
lecied peasantry of Great Brilain and Ireland?
** XVL Citizen John Frost ; and a speedy r^
storation of tliat healtli which he lost in the
dungeons of Newgate,
** XVIL The virtuous and spirited Citisem,
now in confmemeni for matters of opinLfn :
and may we show them by our conduct^ that
they are not forgotten."
Mr, Garrow to Davidson, -^Y on said vou
were a member of the Loudon €*orr€Spon Jin^
Society; do you know John Martin?— Not
much. I have only spoke to him two or three
times.
Wlicrc did you see him : — I saw him once
in his own house.
Was he a memher of the London Corres-
ponding Society ? — I am not sure of thai^I
cannot prove that.
Did you ever see him at any of the mee^
ings of that society? — Yes; I have.
Was he there at the meeting that you hsive
now been speaking of at the Globe tavern f —
I saw him there.
That you have told us was a meeting of
that society ?— Yes.
Was Martin then a member of that Society?
— I cannot say whether he was a member or
not.
Did any body attend that were not membt r?
^ Soe Vol. «3, p. 653.
447J
35 G£ORG£ 111.
Trial of Thofuas Ilardi/
[•14a
at the meetings of the society ?— I do not
kDOW.
Upon your oath did you ever know any per-
sons attend the meetings of the society that
were not members ot the society ?-!-There
might be many tliat were not.
Upon your oath did you ever know any
body attend them but the members ? Was
the business that you were with Mr. Martin
upon, at his house, relative to the London
Corresponding Society ? — It was.
What was Us nature?^ Relative to the lat^
ter pact of Uie toasts and sentiments printed
at the back of that paper.
What (lassed between you and Mr. Martin
respecting the latter part of the paper ?— I
tola him that I thought there were some hard
wocds in some of the resolutions and toasts,
lie said, No; it was all constitutional, and
there was no danger could arise from it.
Was that between the 18th and 20th, or
af\erthe meeting?— It was the Slst, I be-
lieve, which happened on Tuesday.
The day after the meeting ?— It was either
the 21st or the SSnd.
I do not know whether you printed this? —
[Showing the witness a printed paper.]
No ; I never saw it.
One of the Jury. — ^You have not told us yet
whetlier you knew that there was any one in-
dividual who attended thube meetings t[iat
was not a member ?r— There mizht be.
Jurym/in.~ You have positively said to the
contrary ; endeavour to recollect if there were
not.
Lord Chief Justice Ej/re. — Do they never
admit visitors ?— Yes ; tliey do.
Lord Chief Justice Eyre. — ^There are visi-
tors spoken of? — ^Thcre were tickets, I under-
stand, to be given at the bar to any body that
chose to call lur them, or pay for them.
Mr. G arrow. — ^Tliat applies to the dinner at
the Globe?— Yes.
In the divisiuii meeting could any person
who chose to ubk for a ticket, without being
introduced by a member as a visitor, obtain
it?— No.
The Rev. Hie hard Wifliams sworn. — Examin-
ed by Mr. G arrow.
Do you know Mr. fhclwall ? — Yes.
Are vou acquainted with his manner of
writin'^) — Yes.
Look at thus and tell me whether you be-
lieve thi^ to be his hand -writing [showing a
letter to tiie witness] — I l)elieve the signa-
ture to be his.
Mr. Gnrnw — My lords, I will stale the
S'rounds on which uc olFcr litis letter as evi-
dence ug-.iinst the |Tisonrr. We have already
given evidence tu prove that Mr. Thel wall was
not only a member of the London Corres-
ponding Society, but that in the publication
of the re:^olu Lions passeil at the anniversary
meeting, and their toasts, he acted as the
ugent oMhc society. I now propose to read
a letter of Mr. Thelwall's, as a farther aclc**
that a<;ency. The letter purports to haveoafrK*
tainea >cveral of these addresses ; it purporta^
and it will appear likewise by tlie proof, to
have contained several seditious songs,$tated to
have been composed and sung by Mr. Thtl-
wall at that meeting, which vre ikWegfi to be.
another, perhaps a subordinate and inferior
branch ot tliat conspiracy which was to bring
all the constituent authorities in the coualiy
into contempt, so as to mature the public raind
-for that great cliange which we slate to have
been the ultimate object of the society. We
submit to your lordships, that any act of Mr.
Thelwall's, so in furtherance of this conspira-
cv, is evidence against the defendant. It
also gives an account of the state of the other
affiliated societies in different parts of the'
workl. I cannot state it better than in the
language of the letter : — " London is not the
only pwce that is alive : Scotland is lull of
liberty boys." SheAicld and many other
towns arc mentioned as being in a state of
expectation for that great cal:istrophe which
they all looked to about this perioa.
Mr. jErs^i/ie— Mr. Thel wall appears to have
been an ajgent for the publication of this ad*
dress, which turns out to be an act of the
society, and to have ended in a dinner a%
which these toasts were drank. Rut the dif-
ficulty witli me is this : if they could show
that songs were actually sung ut this me^Uiifl^
which sones were indecent, or tliat they, Vk
your lordship's mind, or the opinion oi the
jury, bear at all upon this case, I should not
object in the smallest degree to these songs
bemg read ; but I very much doubt whether
any account by Mr. Thel wall of these songs
i having been sung, can be evidence against
I Mr. Ilardy. Wliat an agent docs is one thing,
, what an agent says has been done is quite
j another thing ; nor will the construction
I which Mr. Tiiclwall may put upon these be
at all evidence against Mr. Ilardy.
' Mr. Thelwall may, notwithbt?.udinc he acts
i for these socielice, liiive some view of his own ;,
• not that I impute any such to him, because I
I am of counsel tor him in tlic indictment that
! will be afterwards tried against him ; but A,
! R, C, D, E, F,— all the letters of the alphabet
I may meet for objects which they may all
I league in and be connected togctlvcr, and if
. criminal, all criminal. Rut a declaration ot
; one man, supposing he drives at any particular
I object, and he makes use of any particular
: language to express his mind with regard to
I that object, cannot, I humbly submit, be evi*
i dence against tlie nrisoner. As far forth moil
! undoubtedly as all the acts of the soeiety are
given in evidence, as far forth as any thing.
has been said in the presence of Mr. H«fil||^
at meetings he attended, all these art eta*
dence against him, and bo it eveiy. 1' *
Mr. Thelwall doea in tbia i ~^
for Mr. Ganow haa-.m* *-^
betheiuuTenal^
haappmib
Mr, Gihhs. — We caji have no anxiety to
re?ii^l ihe evidence tli:it is ni>w offered, except
that if it be received we know not where il
may end. The qiteslioii which your lord-
ships and the jury are now to lrv» i**, whether
Mr- Hardy hd«» cumpas^ed the king*s death,
and whctlier lie ha** done any of Ihe act**
charged in the iiKhctmeiiL a^ overt act» in the
pro^ttntion of that di-si-^n. I'he evidence
c»ftered novr to your lortUliips to prove this,
M, that Mr> Tltrlwall, who is c:iiar'j;td in the
indictmeni lt> havc^ [rartakt'n in the same coiv
spiracles that arc alleged again>t Mr. Hurdy^
that Mr.Thelwall, not by any LommunicalioD
^•ith Mr* liardy, not in consequence of any
preconceived scheme between hini and Mr.
il»nly» did write lliia letter.
Now with resjiect to any thing that passed
Bl the naeeling at which Mr. Hardy was, with
respect to any thin^ that was done by any
other person ilireeletl and in^lniclcd by Mr»
Hardy to do tliat tiling, we adinit that tho^c
things which pa&sed at the society in Mr.
Hardy's presence, and iliat any ihin* which
vaa done by another person, by the JirecUon
of Mr. Hardy, could be evidence against
Hardy ; but to what point in the indictment
the letter written by Mr. ThcKvail, of which it
is not proved that Mr. Hardy ever had any
^owledge, is directed, I confess I cannot see.
The three questions, arc, first. Whether Mr.
Hardy com pa*seii the king^s death; second.
Whether he commilled any of the acts which
are stated as overt acts ; u«id» third, Whether
he comnntted them in the prosecution of a
design upon the king's life. I take it, that a
letter written by Thelwall, wilhonl the know-
ledge of Hardy, cannot be evidence of the act
of itartly's mind, namely, compassing the
Jcing*s death ; therefore, it cannot be evidence
upon the first ground.
With respect lo llie existence of the acts
that are laid as overt act% they must be proi-ed
©pecificaUy upon all ihe prisoners in tiic in-
cliclnient. The present trial la only of Mr.
Hardy. The present question is. Whether he '
did any of these acts. Then the declaration |
of another man* whether by word of mouth
or by letter, eannoi prove llie fact upon Mr
Hajdy. j
Then, suppose the acts pro\^, the third
thing to be proved is, ttiat the act wa» done |
in the prosecution of a design npon the king's
life J then, nothing that is said, written, "or i
clone by a third |h rson, without the authority
of Mr. Hardy, can prove that Mr. Hardy meant |
to prvNiuee the en'ect which it is imputed to
him he 'meant to produce; namely, the de-
struction of the kine;. Therefore I submit,
tl^at lhi» letter written by Mr. Thelwall does
not appear to comiuee to the proof of either of
the three thin^^ imputed tvy this indictment;
wamply, That he compassed the king's death; ,
that he in point of fact committed any of Ihe |
I actB stated lu the indictmetit a^ overt arts of |
that design; or Supposing that he commillct!
L tliem, thai ajiy of these acts were directed to I
I VOL. XJtIV, I
the icsi^ of compa^^-in^ the kiug^s death. I
submit, that upon neither of these grounds it
lhi»> letter admissible against Mr Hardy, ai
lhereN»re ought not to be received in evidcno
1 wish to re|>e3t, that it is not from an^
anxiety we feel with restpect lo this leii(?r, buj
because we wiMh that a rule should not be
establisJicd in a case upon perhaps iudiflercnt
for others that may ope-
rate materially in the ea^tse.
}toini5,as a precedent t
Ixird Chief Baron Mncdmiald. — ^To whom ii
the letter ad dresfied ?
Mr. Garrow, — To a person of the name of
Vellnm.
It certainly i» not in mv power to judge of,
the anxiety of my leametl friends about th
consequences of producing this letter, excep
as that anxiety inducers tlTem to obj«ct to i
bem^ read. It appears, that they are apprel
hensive of the eiiect and tendency ot thi^
letter, because they have inade all \\\c obscP
vations tiiat occurred to them on the eff
and tendent y of this letter ; and I am suK
they will do me the justice to believe, that tl
mean no offence to them when I say I cannotl
discern any thing that is not justly, to be des-^
cribcd to be argument upon the etTiect and
tendency o\ the letter, which is arpumont to
be addressed to the jury. We conceive it ii
fit to be received in evidence^ in ortler lo con-
vince the jury that this was done as a part of
the agency of Thehvall. But if we are nol
able to make it out in that way, wc insist thai
the publishing by a larger circle tliat which
was ordered to be printed for general publica-
tion, is clear evidence, being m furlher;uice of
the general conspiracy.
M^y friends seem to suppo«e thai they catt
hmlt the acts of those who are not at present at
the bar, for consideration to things done either
by themselves or their express order. Wt
are very much mistaken if that be the rule of
law. We humbly apprehend, that without
previous conceit as to the particular fact done
by A. A. riot beki» then upon \m trio I, if B*
should have done the act, having been proved
before to be a party to the general couhpiracy^
lo be carried into ctfcct by divers means and
various instruments, that it is fit to receive
evidence of the acts of all the parlies lo tlial
conspiracy, in furtherance of that general
design ; for instance, it is not required that,
in order to give evidence, that a conspirator
hired his horse at a pariiciilar place, the hiring
of which would tonnett him with the general
conspiracy, the ground having been nrade, it
is not necessary to sliow that he, to thft
person then trying, had communicated thai
he meant logo there to hire a horse; butlh
fact of his having done it is an accession
the general purpo-^es of the conspiracy. Al!
the act<i of these persons, limiting it lo th#|
objects of the conspiracy, not extending
to crimes of another dye or charat 1« r, but iij
furtheraiKe of ihe general de*is^ot the gran
conspiracy, we insist, coming from whom thc^l
roav^ whether it be liie party upgu trtal^
2 G
vhelhcr it be in consequence of the orders
given by him, whether conimutiiealcd before
9T ifler, are evideoce receivable, subject un-
tJoubtedly to the observation* to be made
tipgn their greater or lesser effect.
Lord Cliicf Jusitice Eyre.^-^l confess I have
great doubt mvself whether this evidence
ought to be admitted. I agree, that where
wjvcral persons are proved to be engaged la
one general conspiracy, that all the transac-
Uonsot thai coDi^piracy by the difFcrent par-
tits, may and ouvnt to be given in evidence *
juid i% is tnough if the parly accused at this
time can be provett to be privy to that general
canspiracy ; for if that is proved, every thing
tliat IS done by the difi'erent parties concerneil
in it, must be also imputed to him as » nart
of the transaction of that conspiracy. If I
understand this letter, it h nothing more than
Mr. Thelwall*s account to a private friend, of
& part which he had taken respecting this
paper, and of his having compose<l fiongs.
Aa6 I remember another passage in it, which
b very material as against Thelwall, but, in
my mind, should be reserved til] it comes to
tVic lime when ThelwaJTs owa declarations
come to he pro(>er evidence.
I doubl wheiiicr we ought to consider this
jprivate letter as any thing more than Mr
Xhelwairs declaration ; and Thel wallas decla-
ration ought nut tu be evidence of any thing
which, tfiotigli remotely connected with Uiia
|dgt, yet still does not amount to any transac-
tion done in the courbe of the plot, for the
furtherance of the plot^ but is a mere recital
of hiSp a sort of coutcssion of his of some part
that he had taken. It appears tome, that
that is not like the evidence which we before
admitted of a fact done by Mr, Thelwall in
carrying the papers and delivering them lo the
printer^ which is a part of the transaction
Itself* His account nf that transaction seems
lo me lo stand if uite upon a didercnt footine.
It seems Just the same as an act which shsJl
bind a man, because he is connected with
llie person that did the act ; and his declara-
tion, which almll not bind him, because it is
lu) part of the act.
ftlr, G arrow, — He «ays, *• You will also
receive enclosed several copies of Addresses
l^ubhshed by the society.^ It is upon thai
ground I submit it to your lordship.
Lord Chief Justice Ei/re^ — To be sure, &s
tar a» the tninsniissionof these papers go, it
dueji stand upon another footing ; but I should
hn sorry if the letter was to be read for so im-
material a purpose, liS that i^only to introduce
■onicthiuz %vtiu It iu my mind ought not to be
cvi<! .>e.
•^j **r, — I am strongly inclined
to likkkikt iU4t thi^ letter Is evidence, and
OU£lit to hr rf'<:*^iv*'<J, 'i'hrrf lift? two tilings
lo be cvjp- ' ' ■ ' 'iiii iiorL
Fin»tt y ■ next,
VVhai felMM. luc prl^^J4lC^ luOK ID UMt C0«-
#piracy.
It appc«tt> to mc^ that when we te conai-
dcring the first question, any thing that
passed from any person who is proved to be a
parly in the conspiracy ought to be received
as evidence, and it is received for the purpose
of showing what was the extent and natnreof
the conspiracy. Now if the case stood merely
upon this gronnil, that Thcbvall, one of lh#
con?5piraturs, had said thtir object was 90 and
so, that, I lake it, wOttW be evidence ; it has
been admitted, I conceive, in a 'aricty of
ca^irs I liat have happened upon similar ques-
tions With the prtscnt. In Dammarce and
Purchase's caj*s evidence was received of
what some of thr parlies had done whon tha
pristmer was not there. The attorney general
says, I cal^ this witness, not to speak m par*
ticular to the prisoner, but to shew the intent
lion of the mob.* On the trial of lord South-
ampton something said by lord Essex, previoot
lo the prisoner's being there, was i^dmitted as
evidence. In the caecs that have happened
in our own lime, in lord Ccoii r; i.fn*s
case,* evidence of what different 1 ihe
mob had suid, though he was iku inrrr, wa»
admitted. In all the case* at St. Mar^rctV
hill, the same thmg was adnutt*^, and with a
view of showing wnal was the design then on
fool, which is a very distinct qrw lum Crn^%
the qircslion of whether the pi
not concerned to the extent that .
have been. As Mr. Ganow slates thisli
il seems to me lo have ttiat etfett, for itd
what some of the parties at least intcndi.
meetings they had held, and what they _
posed to effect. In that light, therefore,
seems to me to be evidence. But l>o!ore if
can affect the prisoner mater ially, it
sary lo make out anoihe? puint, nani
he consented to the extent Uiat tht l uk r*
did ; but ^till, while we arc upon the quest ion
as to the design, it appears to me that aoy
thing that has been said, slill more any thing
thai has been written by the conspiraters^
ought to be received in evidence, to prora
what that design was.
Mr. Justice Grtwc— I must confess, 1 Mk^
very great doubts tipon this subject, Tb*
majority of the ci»url is for rejecting the cvi«
dcncc. ' It docs seem to me, 1 most eor>fe^%
at least very doubtful whether it oti;
rejected; for it appears to me, th
evidence of what the parties it
was done at a place where boll
were present, and both me^IH)tF^
society, and professedly corMrerned
plan; il is therefure very mat^'^'^l
wliiit either of liicm says rcsper^
fur tlicrc is no «lniiVfi .ilumt
piipers are re>}
eNt' fif r»f the |
Uwhichiir
(' _ these pa[
light, I must confess, wiiai my Uo(L«^ Ik
* See tli€ Trial of Daniel Dttmaiireep ^
13, p. 553,
t Sec his Iti&l Vol. tit f* 4415.
4531
^r ti»gk Treason.
L a n<j^*
[am
hutM^% struck me very rouch* But, en-
he of thalf from Ihe b«giiiiimg Ibc incli*
Dci oi my opiuioa ivas-aod is, tEat it is evi>
Lcird Ciiief Baton Macdmtald.^Jt is ccr*
ttiQly a c^>c that has a great deal of doubt
Btleiiding it; but at the same time 1 can
kiniJ y brin» my own mind to cottsidt^r this as
£dliiig within Mr. Garrow*s own ddioition.
Ufliuftt be something in furtlierancc o( Hie
linuiy. I Aptt^ that any act done by
is, lo a certain eilenl, imputable to
r ; thiitis, it may be given in evidence
' tlie general conspir^f y in which he
<ejiga£«d ; but an act done, apgiears to
we to be uijferent from the mere relation of it
hf another person* ^ mere reJadun of ^vhat
yMitd given by one in a orivate letter to
motibicr. ^I liave much douut whether it is
i^idetice that ought lo be feceivcd. I am^
nyseli^ tficjined lo reject it.
Mr. Baron Httthum, — I 4im of the same
i^ptoion AS my lord chief justice and my lord
oikf baroa. I do not ihiok this is evidence
Ilt6 be recf ived. I do not think it is a part
itf the transaction of the plan to bet:arned
into execution. I consider it as a mere relar
tioo of what has pas^d, which, if it is to aiibct
tile prtftoner, ought to be contined to the real
ta that happened at the time to which this
lelatiao alludes. However, there is no evidence
topfn>%'*' '^^'f ",i..r IV <\y\(u} for a fact in this
mja^ I uer is to be impli-
4icc %re,— After having
I.. iic^f baron and my brothers
Vpoo It, I reaiiv am of opinion that it is too
fucitiofuiblc to be received as evidence, ex-
cept m»on \\\f. gruimd last stated by IMr. Gar*
ftsm^ upon which (if he insists on It) it must
>z0«— Certainly oot.
I I \ .iv^( Justice Eijrc. — In the cases of
DARiui ir. I' awd lord George Gordon, the cry
•' ' * *^ "me made a part of the
ii Ik, therefore I have no
iu--» »..-.L ^..v.. .-. i...,ki^coughttobe received ;
Vul [ confers I have so great a doubt upon
^c- u^!rTll^^^biiily of this letter, that I prefer
'/or GentraL — My lord, I should
have nu idea of pressing this, hut merely
vUh a View to similar questions wiuch may
Ml"* ^nJkiw.— They will be discussed when
diey mlm.
imd Chief Justioe %f«.— Correspondence
fCfTo^n makes a part of the transaction,
lao where correspondence makes a part of
iba 1n&Mct»0D, the correspondenrc of one
i who is a party in a conspiracy, would
'he evidence, correspondence in
; of tlie plot : a correspondence of
affralo oatur«> ^ nicrf relation of what had
^Itli dooe, appcf.i ^ nt thing.
Mr* 0<irmp< — ^i I 1 now propose to
lad A letter upon tLe puiitiple of ns being a
corrcspondencc between one of the per
proved to have been a p&rly in the conspiracy^
and another person al a distant part of thel
kingdom, likewise proved to be a party in thci
consf>irdcy : it is a letter from Mr. MartiOgd
aAer the dinner al the Cflobc tavern, to Mr.l
Mar^rot, who was at that time in custody' mn
the Tol booth, at Edmburgh, having been on«i
of the persons apprehended by the magisitracjfC
at Edinburgh, as a part of that Britis>h Cou*l
veniion whom the magistracy dispersed. Thei
letter is in terms calculated to excite tb6|
spirit of the brethren of the North: it like
wise contains a declaration of the universall
approbation of the conduct of tho^e delegati
in the North, and it states other circumstanc
of a public nature i — the maner in which hiil
majesty had met kit parliament, as it is stated^
— the manner in which his majesty is stated*
by this writer to have been received by the
people, and insulted, aad his life endangcredgf
as this writer states it, still goin^ on with a]
view to excite and encourage them m a distann
part of the kmgdotn, ■ by disseminating ihej
same doctrines, which,* ia London, thesoi
people dbtemioated. \
Mr, ^Erikine. — I apprehend tliat this letterJ
upon no principle, can be evidence ; I shall
not draw the Court at all into the construction
of the statuteof king Edward the third, at thistj
moment; the prisoner is upon liis deliveranc
on the general issue, and I shall address you
lordships and the jury upon that subject iii^
due season: at present, I €liall content myselF
with saying what has been said twice to-daj
already ; first in the morning by myself, afler
wards by my friend who sits by mc, that thii.
is an indictment for compassing and imaginingtj
the death of the king; and that there are
overt-acts stated in the indictment, which ar
laid as acts done in pursuance ot\ and in
compiishmenl of— or to use the language (
the indictment, to fuliil the irailoroHs intend
lion, which is the charge upon th© record.
It is impossible for my friends to go tarthe,^
than to contend, by these acls, that they^i
involve in themselves, as they are pleased tokl
say, a forcible subversion of the govertimcnty
of the country, which would involve in it as I
conseqiienco, the death of the king, and thai
therefore it is an overt-act, or, in other words/'
relevant evidence to prove the criminal tnten^
tion, which is the subject matter of this in*
dictment. But your lordships permit, aiii|.|
ought to permit, I allow, any other acts of tb^I
prisoner, to be given in evidence, which j
decvpher his mind to the jury ; any expression
of his own, any thing that lie has said, an_
thing that he has done, which points d i recti j
and relevantly to the purpose of this indicti«J
mewt ; for I hoj>e your lordships will nevel
cease to recollect, that the crime charged upoi
the record, is the compassing the death of thi
king, and that the overt-act is the means Uk
defendant is charged to have made u^e of i«l
the accomplishment of that criminal agd |J»<»1
testable purpose.
Then let us see Ihc cku^er of allowing the
jctlerot ti man, who i ' j gcd cveini|)ou
tlii% leco/d, as a cojiv ; U the prisoner
at tlie bar: Mr. ^* i^ iiad a bill I'ound
against hin*, wli se wc know nothing
of — vsc oii\si ri:Mi ^-; m .^> Uie uews^^apers ; but
we, who afe of counsel fi^r ihe prisoner, are
counsel for inm as having eng-aged m a cou-
spu-dcy wiLh liic ullitT priHuUfrrs now in New-
gate, ant) with other jMirbons to the jurors un-
JvnovNn, for the purpose ofaccomplbhing thi*
dclcsbible purpose of tle&tro)ing the King ;
and your loraships will see whal a prcUy
piece of work you are cultiug oui ftjr y(mr-
selves, if Ihia e vide nee he admitt4!^(h Any
Uung thai Mr. Martin fjays, or writes, can,
upon no principle of cumnion tien^ve (to leave
law out of ibc q\»€?jlion), be txtohidered as evi-
dence to criminate Jiny hv:\ ; t as he is a
lucajbtr of ihc Corre^poiii i y, which,
b^-lbe-by, be is not yi^t pK- - .a i.- ,.t - ■■
Mr, U arrow, — Davisou proved that he was
a nic other.
Mr* Eriikifii, — We wili tike Mr, Martin,
iiit argument sake, to be a nieuibcr of the
Corre^iponding Society, I shall be glad to
know u)Hjn what principle can your lorrhthips
po out tif llie overt -acts cbnrgcd in the indict-
inent ; upon what principle u^Mjin earth can
you go li» yiind i vkleiice of the direct conspi-
racy rhur^t'd upiin the defeiulant, hut Upon
Ibis wliofesome ground, which we do not
stand here to contradict, natnciy, that any
thing which can decypher the mind of the
primiucr to tiie jwry, from whence they can
collect that he intended the death of the king,
nwiy be evidence a 4»iinsit him; then, according
to tliat* any inemhcri of the Corre?5pooding
Society whom you could have brought together
when Mr. Hardy was not spciikm^ of the
king, when he was not reviling the king, or
attempting any thing that could lead to his
ni^^'^ty'H death, unless^ act ording to the
argument whit h we heard at large, yesterday*
of certiiin con-^tqiuniros whicli were to ari^c
iVoni I he npt esc (I la lion ol the people in par-
lijiinent — it would render that iunurcnl man
at the bar, as I have a right to My Ic him until
the Jury have pninutuiced a contrary verdict —
it %vould make hmi answerable for every
Miy man ha!» f^^iid, or tliat
, li ft 11 ffoin Mr. Harrow,
_ of this letter*
tcral, that Mr,
nur, of«
, upon hig
; ^vUadi, tiy-tb«5*by,
*A the l«w^ for it \h
Mr. \'
lortiTi writes m some i*
fatten being thrown nt f
ctitrn fruio^i
ijhc style aiui
riiiitpcni) » UiL, li
pvff%^ himsch in a contein
'ol if ' ^
lliat i^ to
\Y\y l>fHly, ii i> < >i-»m 1 .
Df Mr. Marlm, uui of ^
^eommonseiiHe, common iu 1.4-,,, „.„. .^ .,.
jui»licC| t^vult ^Iti^e }^\ii} V\ c have got &ame»
Triai of Thomas Hartftf
we cannot help, b«cau<»c Lo a eowt «f fitaliee
we - talk of n ;^/a/ and &IJL of'
at- but i tiuy, that all tl n
lai<i i.tj.i:r yuor Jordships to-duN r-
day, amouots no mutter to what, I ir»
pruiujuncc tlic law, it is the <> ^mv. * — .*u|
anifiimt*. to an assembly of a great number of
fjeopitt m ditfeicnt parts of this hIuuI :ill pur-
suing one purpose. Your Ion I recoi*
Icct, that the coUKpiraey* if it died a
cou>piraey, does not exist in the mem bora of
the Corresponding ijociely uhine, for the ac-
comphhhmciU ot ihiia purpose; they corres-
ponded with 8het!itld— they corrcspoiwlod witk
MancheUcr, with Leeds, with Norwich, with
Dumfcrmhne, with Edinburgh^ and with a
great number of other places, Acconiing to
the doctrine now contended for, th© declm-^
tion of every man, not the dcctaratioa of
wliat hi^ olycctwiis— it has not been slotted
that any of them said, ** the ohjer t of all our
meelingii is to destroy the king ;'* but if any
absurd, intemperate man, drunk or sober,
chooses to utter an exuresiiion contemptuous
of the king, that is to l>e evidence in (hv^ pher
Mn Hardy's mind, I do not staij ^*»
prove of any man's uttering any co* . >tif
expression of tlie sort ; but if Mr» M^niti h«s
uttered such an expression, when Mr. M:iitio
i^ upon his trial, the good sense «f thejfiry
will consider how far such kn espraMioiifts
that will weigh as against hnn ; but I enter
my solemn protest again !st this being ^iven m»
evidence to aftect Mr. Uanly. My lords, I
must needs do so, when I heard an expresaton
imputed yesterday in the opening, by iba
altornev-gencral, in this cause, to another
persron. — Suppfise* for instance, any man of all
that society, siiould say an intern pcratf;, %a
absurd, or a crimhial thing : why now, for
instance, ?nppoie a man takes llic head off a
pot of porter, and says, I slioukl like !«> cut off
the heads oi king^, should ! not know what
the content was? must I not know wh»t kings
they were speakmg of, whclhci - of
those kings whurli he might thi lo*
gelher for a purpon: destructive to in* piiuci-
ples of justice and humanity, or whether b«
meant ;^i '' *' 't lesid even lo an
iileaofi lain.?
But biiyy ' '— ^ f! in a
icheme lor 1 1 1 will
Mippose ii hi [V tvho
meet in a stu r)
lor the purpt - ^ .r
any ibin^j 1 know, it tiie pupersci ly
were laid befotw your lordHhip%, !it
Lie f<jund exprcssic^ns m them ur
h?fdNMp*nHi5r»t think intt*mperrttf aa
'Oa
whuqvrr, |f Uie language ;uid if the u l
ly
,icr
m
fir High IVoA«o»,
' every indjvitliml ' ttmt society
iiiil Lk i'lvtri mcviij^ ._ .libt him.
^k wi*ere ihiii h to slop;
I riglil lo SMty, it Mr. Miifim Is
iioM'd lu lie the dccyp here rot the
Hnnly, lltrn ! rniisl rnlcr ilito a
1 nuisl
L Ltrr f<jr»
ll tiitfi: i^i Jii> ul^iCcUuii tu UuU, 1 lave Ukcn
Ute fiajni m pre|)ariu^ lor this nionieiitoiis
li: ' ■ . ' "'k titJiii rL 'I ' ' r oiif
I, II to ikic I ^ 'all
.i lion of tlipjr setitJ*
ll ..^ .. _u, for the purpos^e of
» >i. Cttn yrxi go Ihe Iciigtii of
iiwtioii o* Mr. Muftiu'iT con-
.vioiir Uiwiirds the kinj^ evi-
o show Uml he thought h^htly
I very other man did, vrho
^ jse, an<l furanulticr end?
ii, U HHitUi Ut in; grtivety siiid here, that tf
p«^f>T>«f meet togcttitr for tiic: jccompli^hmeot
•ji se, winch purpose iippears by the
*:■■ he wh^t I hHie no risht to say,
U ' vour lordbhips and the jury
cW' L It IS to cjbtain a t^iir represcu-
ui Lnr |.x'.jpleio parhamcttt by constltu-
m^^ri^, or whether h is any thing et&e,
qtiality the law stiall annex lo it, la
I will not break io u(toa, for various
.1 iln^ iii.>nuiit. As the pri"4oner
ittfid^ ittg the death of the
king, ' Ifjue hmiself, every
thiO0 dom: in bis presence, every thing said
in his prr^once, to ivhicii he may be suppo&ed
' by cotilinuing to meet the same
I iit. in to be received in evidence,
^^ e, if Mr Martin had ^\d this
1 I I Mr. Hardy, and a tier wards
Mr, Hardy, it might
it be considered as
tiirr «;<.mjur I of Mr. Martin. I
^ I i'l Uiis to he a letter Ibund ; 1 do not
^iit:fe, for Ihiit 15 not even sLited,
Mr. fjomift- — It is a letter a<ldres4ed to
riii at I %] ill burgh, lie bemg a mij*-
i U'ty.
c ii!yf«,^— Where was it
nd ? what is tlic fact?
mtiie. — It was not found among hU
but ^e «hall prove it to be Martin's
ritnig.
Krtkitu. — Suppose, instead of being a
l-> M»Ti^aroi, it liad been a letter to
f*. it wonid not be evidence; I
ian*s writing a letter to me —
t [m1 It maybe tbund in
vore to write a letter
• TnAllcrsI highly
lid not crmn-
iL.i. 1^.^ — L-^ -..i- Iw.L^i ..AS found in ray
wi«t» tlufi to hm considered, id order for
riiirdsbip% to &ec the extent to which this
i 9% o|iened. We arc now inr ad v^nred
01 lli« ittOod day, upou mi iudictinefit for
'» ■ "
A. D- 1794. p»
compnssinq tlic death of the king ; aod, if
^our lurdships Ic^ok tbrongli lljc titate Trials^
trfjni tlie beginning of our history to the
present lime, yoti will find %vhal ha^ been
remarked by the Cotntt^biit it has never l>ecn
necessary to liave recourse to the expedients
employed ki^t night, by tlie indulgence of the
Court, in a ruhv of hi^h treat^^n. In the
case of Kli/,abeth Canning, I understand it
was done. Hut, it this ficTd of evidence h to
t*e gone into, I protest I cannot see when this
willcnil, bee uuso 1 am Mire that your lottl-
ships will do impartial justice, and, therefore,
if this Iplter of Mr, Martin's n* to be read,
Mr. Marti n« of course, must be allowed to
explain it If the crown cao ^ive the letter
in CMdence, because Mr. Martm happened to
be a member of the London Corresponding
Society, every man's letters, who wais a mem-
ber of any of theM; socictie*^^ which were in
correspondence together (for your lordship
will recollect, that the conspirators, if there
are any, are all who have been moving to
this purpose by affiliated societies), their
bureaus might be broken open, their leCter^i
intercepted at the post-oiTice, or be seized
upon by the magistracy, and your lord-
ship might have to read the correspondence of
every man in these societies; I wish to know
that, because it may be material, and I may
withdraw my ohjCLlion. Shall I» in my turn,
be allowed to produce the letters of all tlic
members of ihc'^c societies to their friends?
Certainly not ; it would be absurd and foolish
to expect it t therefore, upon every principle
of law, 1 object to this letter of Mr. Martin's
being read, unless it can be fchown that his
letter is connected with something that Mr.
Uardy and he have done together, and that it
can he brouj^ht home to Mr. Hardy, that he
knew the facts contained in thai letter, and
that it was sometltiiig done in the fijrtherance
and accoujpU^hment of a conspiracy between
tliem» 1 certainly must object to any improper
expressions in this letter being imputed to
Mr. Hardy — I object to its bemg given in
cvulencf^.
Mr. GU*bs. — After this point has been so
ably argued by Mr. Erskine, I can add but
very httle ; but tliis I mu^t say, that il seems
to be ofiering this letter with an endeavour t#
bring betore ^vour lordships precisely the »aine
question agam. It I took what your lordship
said accurately, when the decision was gtveii
upon the last point, tuid that evidence was
rejected, your lordship «aid, that in Dam*
maree's case, and in lord George Gordon^i
case, it was true, that the declarations of
persons when the prisoners were not present
were received in evidence; but they were re-
ceived for this reason, because they had been
present at the collection of the mob, and,
dunug the nots of those mobs, in the trans-
actions of which it was endeavoured to im*
plicate the prisoner! : — what Ihey dcclafed
while they were in action, was admissible
evidence, to thow what Ibo objected thAM&
A
r p"f
35 GEORGE IH.
insurrections was, and therefore it was re-
ceived : but your lordslxips have never delcr-
jDiued, tlul tliat which was declared by a pesr-
9011 unconnected with the prisoner at the bar,
«5xcept as lie tnay, at particular occasions,
have been brought into his company^ could in
any case be received as evidence.
I understand the line to be this 4 when a
man is indicted tor that which is done by a
great collection of men assemblctl together,
^d he h present at some times and absent at
otlicrs, the declarations of other men acting
with him in that very act for which he is in-
dicted, arc admitisiblc evidence to %how what
the object of that assembly was t But why was
the letter last offered, rejected? For this
reason, because it containedf a relation of facts,
of which relation of facts tlie prisoner was not
cognizant : he did not know that these facts
were so related : What is the present letter ?
I asked to see it heiore I addressed your lord-
•hips : I was told I must not see it, that it was
irregular ; from what I have collected of it, it
is no more Uian the last letter ; it contains a
relation of f^icts, and then they would add
to it, that tlie object of this relation ot facts,
was to keep up the spirits uf a person at Edin-
burgh ; if I understood the argument^ that
was the drift of it,
Mr. Carrots. — It was stated to be an excita-
tion in terms.
Mr. Giiybi. — Certainly ; I am arguing imder
great difficulties ; my object was, to show
that this is the same question which yoor
lordships have decided upon the former argu-
ment; I desired to see the letter before I
addressed my argument to your brdships,
which may certainly be all mere air, if I am
mistaken m the fact ; I was told in point of
Regularity, 1 could not see the letter, and
therefore 1 can only argue it upon the recol-
lection of what was lootety stated : it might
be so intended, in the mind of the writer of
it, to keep up the spirits of Mr. Margarot :
But was that object communicated to tlie
jmsoner? Did he mean that those facts
should be so related ? The real object for
producing this letter, is this—that the repre-
sentation of facts contained in that letter, bv
the writer of it (and in the writing of whicii
ielter the prisoner is not in any respect inipli-
ited)» that the narration of facts by the
iter oJ the letter, should be fixed upon the
prifioner; that whatever the writer of that
letter has ira providently, foolishly, rashly, or
I will say u[i law fully extires»>ed in that letter
Ibat rashness, folly, or illegality, may be fixed
upon Mr. Hardy, it f^ecms to me, that thi»
case comes directly withm the spirit ufyow
lordsliips decision upon the last argumi-'nL
Cases were stated u^M^n the last argument.
In which the declarations of third persons
were received against a prisoner; but it was
toitv in cases where the prisoner wns indicted
1 , m the act of .i Urre
1 r sometimes pre S' n nines
fth&^ut; a part of that mulutude, lit the time
that
i
Tnal of Thomas Hardy [460
they were unlawfully collected, for -whi
unlawful collection the prisoner was amo!
others indicted; part of them had dec!
what was their otject. I agree that may
evidence against a prisoner, and he mi
exculpate himself if be can ; but that a let
shouki be evidence against Mr. Hardy, whii
he never saw, and for a purpose to which
never acceded, seems to me again&t all la
and I am sure that it is against all justice]
for the object of this tndiotment is to tr>' \\
mind of Mr, Hardy— to try whether he did i
his mind compass the death of the kin|^
And surely, justice does not require that that
which is proved to pass in the mind of
man should fix a similarity of sentiment
themind of another, who neither directed
letter to be written which is offered in
dence, nor ever afterwards knew that
letter was written, which letter too sever was
received.
^T, Solicitor Genercl — I will trouble yotir
lordship with a very few words upon thlt
point, and, I trust, your Iord<>hip will be d[
opinion that it is unque^Hionably evidence*
Certain persons are indicted for endeavouring
to procure a Convention to be assembled to
subvert the legislature, rule and govcmrocntp
now duly and happ^y c stab lis bed in this
kingdom, and other overt-acts of the same
tendency. Now upon the very principle
wliich h&s been just suted by Mr* Gibbs, it
appears to me that this is evidence. The
principle which is stated by Mr. Gibbs is, that
that which is declared by conspirator^ whili*
in action, is evidence against tnose who were
not present at the time, as well as against tho»e
who were present at the time ^
Mr. Gibht. — I beg your pardon, I wouW
not have you take my argument impropt rl v ;
I did not say conspirators in action, but I
said that where a number of laen are indicteil
for acts of violence in which they unite, and
the prisoner is sometimes present and some->
times absent, that what is stated by some of
those persons who are said to co-operate with
him in some of those acts of violence may be
evidence.
Mr. SoikUor General — I am very little
capable of distinguishing between wliat I
stated and what Mr. Gibbs now says. I take
this to be a declaratioti of conspimtors in the
progress of their conspiracy, and 1 Uike thai
to he exactly the distinction between this
cw^e, and that which your lordi^hips have
determined, with respect to which it is mjr
duty to submit to tlie judgment of theCourU
That was a letter addressed to a per»oii^
whom we have not shown to he, in any
degree, involved in liie conspK^-^ ' > i Mr,
Vcllam; wherf-«is this Is a I i«?8sed
by Mr. Miulin, who is proved i.. um tn
of the meeting on the 20lh uf .* u>
Maurict? MiirLrj.rot, who was llic \\< in
the < « ntiofi
whii- J i '.' i ! M I ; : , ■ ■ I . , , : ] I ., ; _^' . ^ . ^ f , , c /■ ■ Tefoie,
a couvefsatioiSf by Icttcf , bt?twe«ii two pecauii
uriifei
t\ y ctjnspiracy ; for, in all these cases,
t^ titsi (jueslioD jrour lordships and the jury
^iil have to consider, ia the extiteuce of a
cf I and the object of that conspiracy ;
a whell^ier the person charged was
pary lo tkat conspiracy.
Now for the purpose of showing the exist-
^^.-^^. , ronspi racy, and for the purpose of
b\ Si At the views of the conspirators
w^,^, ..-.- far they %vent, conversations of
Ili09e conspirators totally distinct from the
^toDer, have constantly 'l)een admitted to be
pven in evidence. In the case of my lord
StalTord, which was a prosecution, by impeach-
ment in parliament, for high treason, in com-
pusmg the death of the king, and proceeding
m gre^t len^ ; the evidence that was first
gtTtn was simply, and only of the general
pUit,^ by persons who were capable, as they
alterwarda proved by their testimony, of
bringing that treason specifically home to
lord Stai^brd ; they were not examined to
!h-* -^ . ' it first, but were examined simply,
a ' the gencnil plot ; one thing which
U;; , J ...td in the couri^e of that evidence,
with respect to the general plot, I will
Mate to your lordships; it was a discourse
between Anderton, Campion, Creen, and
•fvemil other persons, with whirh lord Staf-
ford had no sort of connexion whatever, in
which those persons told the witness, that
tlier^ would be a great akcnition in Kngland
ere long ; titat the king was an heretic, and
might nc destroyed ; that tlicy industriously
preaclied this doctrine, and that the duke
of York was with them. Evidence was
flirica of ihene uMiverfsalions* Who were
&e p«r«oni that Iield these conversations?
ThcY were not penions included in the im-
IMciunenl of lord StatFurd, but persons to
viNMti it was imputed thai they were in the
cofmnoD and general conspiracy, which was
diargptl to exist, for the purpose of tlie
restoration of the Roman Catholic religion
in ibift country, and for the purpose of
deposing the king, and subverting tlic go-
teraineiit of the country. The manner in
Ithkh Mrjeant Maynard states the evidonce
■"■"^ was to be given, seems to me to be
Jy clear* lie says, ** This is a treason
clion, and of a general party in the
It is not this or that lord, but a great
; it h not this or that lord that is
cd in the articles, but the con*
is ol a great faction. This do we
and this makes us so earnest to press
Ihfi grfiri-.il Ijf furr your lordships, that we
may L j to vour lordships, and
the wi plot Iiath been, and how
cirried uu ever v where.
•* My lonU, the cx>n9equence of that U irery
I) for, my lords, if there were a general
And a general plot, as clearly tlicre
ir ca«e of lord Stafford ill thi5 Col-
^ ?p 13J0,rf •**/»
miloilj
was, ^ome were to act in Spain, and some in
France; some in other places ; some in Ire-
land, Scotland, and England, and a great
number of Jesuits (we have a matter of thirty
in chase about this business) — I say, ray lords,
if it be so, if one action be in one place, and
another in another, yet if there be a convmun
consent to accomplish this plot, then what
the one does is the act of all, ami liie act of
all is the act of every one,
** My lords, the persons were many, and
the places and limes many they acted in, dud
the dcsigas which they were to accomplish
and the means wherewith they ncn? to
accomplish them were many toa.***
My lords, in the ^asc ol lord Lovat, the
same sort of doctrine is laid duwu with
respect to the evidence. — ^The solicitor- ge-
neral of that time savs, ^* It is necessary^
therefore, by general evidence, to <how
that there have been such plots and conspi-
racies as the Commons assert, and tiien to
affect the noble lord at the bar, by proper
evidence, with bein^ concerned in these plots.**
It was so^ he says, in lord Stafford's case, and
at the ** trials at law of the persons accused
of leaving been in the same ploL The same
method was allowed as proper, and liable to
no just objection^ id many trials after the
revulution/'t
This was said upon an objection that was
taken to the evidence of Mr. Murray, of
Broughton, — Mr. Murray proceeded in his
relation of the conspiracy ; and one part of
the evidence which ne then gave was, that
lord Trarjuair had informed him, that a Mr*
Drummond had carried over to f^aiisa memo-
rial, and a list of all the gentlemen iu Scot*
land, who would support the Pretender ; that
he had conversed with Dnimmond; thai
Dnimmond was then in Edinburgh, and pro-
posed that he should have a njeeting with
mm ; that he had a meeting witli Druinmond.
who repeated much the same thing, and said
he had been extfcmely well received by the
cardinal ; that is carciinal Fieury, — Several
other p^rts of his evidence were to the same
tendency. — What was this but giving evidence
of conversations between two conspirators upon
thesubjectof the plot, for the purpose of show-
ing what was the nature, tendenry, and ob-
jects of the plot, and what were the views of
the several pcrsous who were coucrrned in it f
Willi submission to your lurdships» thif
letter b evidence upon the same a;round,— It
is evidence, y«o amnw^ Mr. Martin at led. —
I do not mean to siiy, it is direct evidence,
quo imimit^ Mr. Uardy acted, but it is tlic tia-
lure of all plots tliat this son ol cvidcuc«s
should be given j several pcrstins are con*
cemed ; they are brought into otie engnge-
* See Mr. Serjeant
speech on the trial ol
Maynard's opening
I lord Stafibrd, a«/e, \oU
7, p. iWh
t See the case of lord Lovat in this Crfllcc-
lion, Vol. la, pp. 66tj <»53*
JL^Sk f-^ Mtiii
4651
36 GEORGE III.
Trial of Thomas Hardy
[AG*
i
ent; some of tliem may certainly have
ews lcs& c-iitp.ible itmii uthers, bui t>li)l, fvr
the puq>os« ot a jury delerrotning what !» the
gitilt of the partitiilar persuu charged, the
viewii, the intentionij, declared hy coaversa-
lion, as well as other witCy aft he beveral per*
im>ns conccfDed in the plot, and c.^iHtiiaJly
irhen it hiippen!i to be coover^tion^ lietweeo
wo of Uie persons concerned in the plot,
vhtch| with submission, a letter from one of
the perttoiis engaged in it, to ancjther of those
persons is^ then I submit, thai it is a matter
which may fairly and properly be given in evi-
dence, consistent wiLii the deiermuiatton
your lordships have made, and upon the very
foundation, that it is %hat passes between
personi» engaged in a conspiracy^ while the
consph^acy is m its process towards that con-
clusion, which we submit the consplmtori
.had in view.
Mr. Serjeant Adair^-^-lt i« not on account
©f the iuipoflance of this parliculu- piece of
evidence thai I take the liberty of addre^^i^ing
a very few words to your lordships, ujion the
subject of tlie objection tlial has been made,
but from an impre?sitJti of the very great ini-
nortance of the prmciplc upon which this ob-
jectiun may be occided, and the extensive ap-
plieatioQ of it to other crises that may m
liiture occur.
In order lo understand the objection, it is
necessar)' to state tlie ground upon which tliis
evidence is oftcred; and I conceive that a
great part of tlic argurneni of my learned
friend, who very ingeniously f^lalcd this ob-
jectton at first, is answered by a considera-
tion of the ground upon which this evidence
is offered ; fori do not conceive, and I, for
one, do not offer the evidence to the Court
upon the ground, thai the idle expressions of
Mr. Martui rrspocling the king,— that llie
rtlfttion of an aceidtnlal fact Ihut happened
in the Park, within Mr. Martin's knowledge,
fet>peclin^ the king, is any evidence at all
against the prisoner; but it is upon this
ground, that a part of that letter which we
offer m cvideucc is alleged to n?late, and your
Jordt^hips^ when it is read, will find that it docs
relate to an act done by the conspirators, as
ifb contended, in the furtherance and pro-
secution of that conspiracy which is by Uie in-
dictment imputctl lo the prisoner.
X^rd Chief Junlice Eyre. — Be so goo^l ^
Hate a little more particularly what that is.
Mr. Serjeant Adair. — It isattatement from
one of the conspirators, who had been in the
chair at the meetinp; of those whom we call
the conspimtors, held, as it has been alleged,
for the (Mirposc of furthering the viewi of that
conspiracy^it is a statement of that conspi-
rator lo another person, alleged to be a con*
spirator, of wliat pasfied at that meeting, m
held. — Now the charge egainstthc prisoner is
the compa*<5ing the king's defith, Hy rner^ng of
a y, lo overturn '
tl ^ the ilate, and
Ihc couiiUy, imdcr coJoiir ol a piulc:^:}t:U dc^ j
I-
sign unly to make a relbrm in pn ry
reprtbentation, and to correct ali ne
branch of the legislature ;— a d< li,
pursued by inncM-ent and proprr Hi i^
possibly be eilhrr wljolly innuccul, or amount
to a guilt iiiBnitcly le^^ than that which
is charged hy Hns indictoicnl; but when such
a con^pira£;y as is imputed to the prisoner, is
alleged to he carried *>n under cok" - * •; t|
a pretext^ uvaiiy of the acts of tbn i-
tors iHUst, hi their nature, be cqi <,---,, *.utJ
admik of different con^tructif ins. — How are
these constructions to be colWttd. — linvv i^
Ihiil ambiguity to be removed, — l^ -r?
of the coitduct and declarations ol i , jii
alleged to be in the conspiracy itseit f — ^It i»
upon that ground, and thai alone, that this It
submitted to the Court as tlic statement of
the proceeding* at a meeting, by orte ronspK
rator to another conspirator, impli^ hi?
general design, but not present n
mg. — It seems to me, U '
evidence that can lend i r*
lope the real intcntiou fM um ^iuiU'-n m liie
transaction, than that species of evidenco
which IS now offer rd — I do not mean to con-
tend, ^hut tlie letter, when read, which I lmv«
casi my eye over, will itself go any great
length in cffectuaung thai purpose, but th^
nature of the evidence ij snch as may be im-
portant, perhaps, in oilier instjinces, mucbi
more so than llie prc^rtii ; and the principle
is extensive in its - . not only to Uit
trials upon the pre^ ' >[u hut those that
may Ivereallcr occur ii; ttui» country, aacid at
times when this trial may become a prcco*
dent to posterity. »
The ;>rounds' upon which this evidenetlr
offered to the Court, seem to me lo lisll dt*
rectly within the principle of lord StalfbrtT^
case ; but, even it it could be di^tingiibbed
from other cases, I think it cannot be dblift*
guished from the cases of Dammaree and loni
George Gordon : and the distincuon that lias
been attempted between an act oi M^lr ts <■. of
any other at t, in furtherance of a n I
confess I do not feel much tht- —
I'his cxinies so completely withiu the princi-
ple of lord George Gordon's ca»e^ that it is
imjxissible, withuut holdmg thiitcase no4 to \m
law, to reject this evi(k'nce,
Yaur lordships will pardon me fer havi
made these ob»ervatiuns ; it was merely f
Uie iin^>orlauce of the piirK-iptCi 3Uh1
Irom the least idi*» that the It-ttcf, when n»A,
wdi be thought lo be very much in ilsctf.
Mr. Bearcrvfl. — I make no a|Hilov;y ibr
troubling your lonlships with a f'»*^ .i»Vt^ rvtw
ttoQs upon this point; it is a c y
grrat impottarue : unJ uhtn I - ! in
sure I si J ' 9'lanl
up to siu tn<r f
urn !
bnf ,
IN
caii.^i :»iaU3 m il^Ui^ ilj a^vidlvfc XU^ff
y
465]
fw High Treaion*
A. D. 1794.
[466
I will not attempt to break into, or con-
trovert, tlie rule that has been already laid
down by the Court, as I understand it — I
will not repeat a syllable that has been said bv
the learned gentleman before nie— but I think
I can add another observation upon this
letter, which would entitle it to be read.
When I say I will not controvert the rule
hid down, as I understand it, I wish to state,
io order that i may be corrected if I misunder-
stand it, how I suppose it to have been laid
down, — as I understand it, it was decided, by
the authority of the Court, that a mere nar-
ntion of simple facts that liave passed is not
admissible evidence. — I think that cannot
well be disputed; my humble judgment cer-
tainly eoes with that decision, if it is carried
no wtnier; — but when a question of evidence,
andof great extent and imoortance, is before
the Court, I liave been always taught, that
the way to decide upon the competency and
admissibility of that evidence is to consider, —
What is the question trying ? — Against whom
is the testimony offered ? — What is the na-
ture of it? — ^To what purpose is it adduced ?
Now I understand, or I am grossly mistaken
ia the whole of this proceeding, that the ob-
ieci of it is to show, that the prisoner at the
bar is ffuilty of high treason, of the species
tbamS in this indictment, by the means,
and Dy overt acts, which amount to a conspi-
nejf with many others, to carry that trea-
somle intent into execution ; that is the na-
ture of the charge. — The consequence I con-
ceive most clearly to be this, that though it is
an indkUnent for high treason, yet, Mcause
that high treason is to be carried into execu-
tion by the means of a conspiracy, that all tlie
evidtoce which will, by law, be admissible
uiKm the trial of a minor conspiracy, acon-
niracy not treasonable, will be admissible
likewiae upon the present inquiry.
Now, mv lords, I take it to be a settled rule
in the trial of an indictment for a conspiracy
of every kind, that when once you have cs-
tablbhed, that the prisoner at the bar has
conspired together with others, not then upon
trial, in the indictment— nay I go farther,
not charged in the indictment :— When I sa^
established, I do not mean established deci-
dedly, tliat they are guilty of the conspiracy,
but that there is evidence admissible, and
to belaid before the Jury, upon which they are
to exercise their judgment — then I have a
right to give in evidence the acts of others, so
connectra.
My lord, it cannot be disputed, that some
evidence to prove the conspiracy is in the pos-
lesaion of the Court ; nay, it is in the pos-
aeiaion of the jury ; for it cannot be in
poiaeaaion of the Court, without being in
posflcaaion of the jury ; they have heard it, of
coune, as it has been admitted. — ^We have
got tliua far, that the prisoner at the bar was
iH^agnd in a conspiracy, togetlier with Mar-
Hi iSd Marpuot^they two corresjionded by
hum IIm!J twpconveraed, in writing, as has
been rightly stated by Mr. Solicitor General.
What is the object of the conspiracy ? — We
contend it is to overturn the government, and
depose the king, whereby it is obvious, to any
comnpon understanding, that the life of the
king is in danger. — Now I contend, therefore,
with the utmost deference to the Court, that
this letter is competent evidence^ — no matter
how far it extends, or how short it goes — if it
goes any step at all ; but I confess that I feel,
and I am sanguine enoueh to state, thati
goes pointedly, importantly, and directly to
the matter of high treason charged in the in-
dictment.— I said I would not repeat a sylla-
ble that had been urged by the gentlemen be-
fore me, but I desire to be understood, that
my mind goes with them entirely, and accedes
to every part of their arguments.
I beg leave to advert to another part of this
letter, that, i say, goes pointedly to show,
that the design was for compassing the mis-
chievous, the trautorous, — I had very nearly
said the personal destruction of the king.
What I advert to in this letter, I will read to
your lordships in the very words: — "The
king went yesterday to meet hit parliament."
Your iordsnips will mark the expression; it is
very decent, but —
Mr. Erskine. — I must beg to interrupt my
learned friend ; I beg his pardon ; that part
of the letter has been, within these three mi-
nutes, expressly given up by Mr. Serjeant
Adair, as counsel Tor the crovm, who finished
what he had to say before my friend got up,
by saying, that that part of the letter widen
my friend now chooses to read aloud, in the
hearing of the jivy, he did not mean to con-
tend to be evidence against the prisoner— and,
therefore, if the letter comes to be read, the
letter will be read with the omission of that
part ; or if the omission did not take place,
that part is admitted by Mr. Serjeant Adair,
not to be evidence against the prisoner.
Lord Chief Justice Eyre. — ^The interruption
is not quite proper : because, if it were so, that
my brother Adair had distinctly admitted it in
that manner, yet that could not conclude the
argument of another learned gentleman, i(
he was of opinion he could maintain it.
Mr. Erskine. — Docs your lordship tliink,
that it is consistent with the rules which must
bind us upon this occasion, that, in arguing
the admissibility of a piece of evidence, they
are not merely to state to the Court the
general nature of it, so that the Court may
give its decision before a thing, which, pcr^
haps, is not afterwards to be received in evi-,
donee, should make any thing like an impres-
sion, but to read the paper itself.
Ijord Chief Justice Eyre, — ^No; only so
much of the purport as is necessary to inform
the Court of the nature of it.
Mr. Erskine. — My friend is not merely
reading the letter, in that part which one of
the counsel, at least, admitted not to be evi-
dence, but he is commenting upon it, step by
step.— I apprehend my friend may state, that
U II
467] 35 GEORGE IIL
there is an expression personally reflecting
upon the kine ; but, in order to argue tlie ad-
missibility ofany piece of evidence, it is not
to be read by the counsel for the crown in the
hearing of the jury; because if^ afUr the
counsel has read it, in the hearing of the
jury, the Court say it is not admissible
evidence against the prisoner, it may lead
to affect the prisoner, because it may afiect
the minds of tne jury, in a manner inconsis-
tent with the nature of the testimony re-
ceived on the trial. I am now, I understand,
in possession of your lordships judgment upon
this point.
Mr. Serjeant Adair. — As my friend has
done me the honour to advert more to what
fell from me than the weight of it seemed to
deserve, I beg leave to state and explain what
I did say upon the subject. I did state, and
I do not mean to retract it, that the part of
the letter which I alluded to, when I spoke,
was not the ground upon which we offered it
to vour Iprdshios, and would not, of itself,
make that cviaence against the prisoner;
but I did never state, that if there was that in
the letter, upon the ground of which I con-
tended it was proper evidence, as applicable
evidence to the charge against the prisoner,
that the whole context ot that letter should
not be taken together, in order to show the
intention of the parties who are implicated in
that design. I have never admitted that.
But his lordship has certainly truly said, that
my admission does not preclude any other
gentleman arguing upon that ground. I
wished to repeat what it was that I did state,
that I might not be accused of having admit-
ted that which I never admitted.
Mr. Bearcroft. — I have received this inter-
ruption with tne greatest patience, because it
is made by a counsel for a man now trying for
his life ; if it had been made in any other
place, and in a civil cause, I could not have
forborne instantly to express my astonishment
at the gross irregularity of the interruption ;
because I conceive it is not only the privilege,
but it is absolutely the duty of a counsel,
when he is arguing upon the admissibility of
evidence, to state that evidence to the Court.
If, it can, by any other means, be argued, my
learned friend will be so goiHi as tell me
how that is to be performed, for I really can-
not conceive.
Lord Ciiief Justice Eyre. — ^The counsel is to
open the nature of the evidence.
Mr. Erskine. — I am in possession of the
judgment of the Court on that which Mr.
Bearcrott calls an interruption.
Mr. Bearcroft. — I am certainly aware, that
it may be done in that shape of opening the
nature of the evidence ; but with great sub-
mission to the Court, I conceive that was pre-
cisely what I was going to do. I do conceive,
with gr^t deference, that it would be ex-
treme^ improper in me to be reading the
evidence, from the beginning to the end,
under colour that that Boould be necesBary to
Trial of Thomas Hardy
[468
I do
argue as to the admissibility of it
a(Cnit,that it is sufiBcient; nay, that
ought not to be done tlian to state the naturt
of It ; but I conceive that the nature of that
part of it, which I pouit out as one of the
main grounds of the admissibility of thb lei*
ter, are certain particular expressions made
use of in it. What strikes me, at this mo-
ment, is (contained in two lines and a half :-—
'' Nay, I am told a woman, moved and seduced
by the instigation of the devil, and trutoroudy
intendmg, &c. did, in St. JamesVpark, take
off her patten, and threw it. with all her
force, whereby the glass of the state coach
was broken, and his msqesty put in fear.
God save the king; for, if, &:c. as Genald
says,"—
I do submit to the Court, that this is impor-
tant evidence to the very point of tlic inoici-
ment ; namely, for the purpose of showing a
mischievous intention to the king. Because
this is a letter from one of the conspirators to
another of the conspirators, exulting in the
transaction, enjoy'mg it, and stating it as good
news, for his purpose, to his brother conspi-
rator. That is the light, with great submis-
sion, in which it strikes me. I conceive that
that is an additional ground upon which this
letter is admissible.
Mr. Bower.—l should be ashamed to troiK
blc the court with a word upon this objectiol^
for the sake of the piece of evidence that is
now in my hand, because it does not appeal^
of itself, to be of so much importance as to
demand so much attention ; but it will be of
very considerable consequence in the course
of these trials, if a piece of evidence, oflfered
to the court under the circumstances in which
we offer this letter, should not be considered^as
good evidence.
I will attend to what your lordship sug-
gested, that the duty of counsel is to open ue
tendency of the evidence, at the time it is
oflcrcd and objected to; and, with great
deference to my friends who have gone be-
fore me, I du not think that they have opened
the tendency of that part of this letter, which
appears to me to be material, and to be an
inaisputable ground why it should be received
in evidence.
I must beg your lordships to advert to tlie
state of the present cause. We have already
proved, as against the prisoner, a paper,
signed with the name ot John Martin, as
chairman, at a meeting of the society of whicfa
he himself is secrcUiry. This paper wai
brought home to him by evidence, and by
which he, therefore, admits, that Martin was
the chairman of that meeting ; the date of the
letter, which I hold in my hand, is the 39d ol
January, 1794 ; it is subseouent to the period
of that convention in Scotland, of which we
have heard so much, and it is relative to tlnl
convention. The letter which I want to lead
now is from Mr. Martin, who we have proved
to be so connected with Mr. UardjTp to thdr
delegate in Scotlaodi who was al thai timci^in
Mff]
for High Treason.
A. D. 1794.
[470
oMisequence of the interposition of the ciyil
Biagistratey in confinement, as it appears, to en-
courage him to proceed in these ettbrts, which
he was sent there to attempt, by telling iiim
that subscriptions will now be raised, which
will be an assistance to him, and by informing
kim that it may be thought advisable to
have ajiother meeting here, in a commodious
plaoe^ for the purpose of carrying into effect
the views of the convention, wKich the magis-
tracy of that country intemipted. That is
the tendency of the greatest part of the letter,
which we now offer to the Court ; and if we
have brought ourselves into the situation of
ihowingy as I trust we have, that Mr. Hardy
has admitted Mr. Martin to be chairman of
the Corresponding Society ; if we have proved
that the object of that society was to accom-
plish certain purposes ; when I say we have
proved, I take it we have given evidence to
prove it; if we have proved, that the objects
0f tint society were, to carry certain purposes
into effect, by means of the convention ; if wc
ihov incitement from a person proved to be
connected with the prisoner in the way Mar-
tin has been proved, to proceed in those steps
which are the objects of that convention, and
to persevere in those measures, which were
the measures used to bring about the ultimate
nrposes of that convention, we may prove a
direct act, done in furtherance of that con-
ipincjy by showing a direct incitement, by a
ktter in the very words of the overt act
charged in this indictment, to persevere, and
go on with that conduct, which was to lead
to the ultimate end that the society had in
Lord Chief Justice £yrf.— I understand
that this letter is not proved ever to have
tone to the hands of Marearot ; you call it a
letter; it is, in truth, merely a paper, in Mar-
tffl's hand-writing.
Mr. Bomtr, — ^The argument would, perhaps,
be stronger, if it had come to his hands ; but,
vith great submission to your lordship, it is
eridrace of the intent of this Mr. Martin to
encourage tiie party, who appears to have
ten intended to have been addressed bv this
letter, in the general purposes for which this
society has been established, and which they
wen going to carry into effect ; but it is not
80 strong, to be sure, as if I could prove that
it arrived at Margarot's possession, oecause, I
tike it, that would put it out of all doubt ; but
say letter, written from a conspirator in the
conneiion we have proved Mr. Martin to be,
having proved him to be chairman of that
very meeting, the object of this letter being
toesdte the person to whom it was written,
to persevere in these measures, and to forward
those purposes, which wc have proved the
society had in view, and that Martin, the
■Mn who writes this letter, particularly had
in view, by the transactions at the Glol)c
tsvcm, b not, I conceive, a recital of any
thing that has passed, but a direct incitement
to go on with that act, which we are about to
prove, as being the act intended by this
society to be carried into effect, by the ^oint
or individual efforts of the members ot the
society. It does appear to me to be mate*
rial, that we should now know whether or no,
when we have established an intimate con-,
ncxion between Martin and the prisoner,
that an act done by Martin, in direct further-
ance and prosecution of the main design,
should not be admitted as evidence against
the prisoner, though we have given evidence,
that they were connected in the individual
and particular act which is the subject of the
evidence that has been offered. I submit to
your lordships, that this is evidence which,
in this stage of the cause, ought to be re-
ceived ; and it is not for the materiality of
this piece of evidence, but for the sake of the
principle that we wish to have estabhshed.
Mr. Law. — ^The ground upon which I meant
to address your lordships has been, in a great
degree, anticipated by what has fallen from Mr.
Bower. — In considering whether any written
evidence, in general, is admissible, I will consi-
der, first, what is the relation between the party
who wrote this letter, the person to whom it
is written, and the party to be affected by it,
— ^There has been evidence to prove, that
there existed in the members of this society,
a conspiracy to subvert the government; then
I submit to your lordships, that, having laid
that ground, it is in the ordinary course of
proceeding to give evidence of the detached
acts of any one individual, conducing to the
general end and purpose to be effected by the
general conspiracy.
Then what is this act ? And is it an act
which falls within any of the overt-acts
charged upon the face of the indictment? —
1 thmk it is peculiarly applicable to that
overt-act which states that they composed
and wrote, and caused to be composed and
written, divers books, pamphlets, letters, &c.
containing incitements, encoura^ments, and
exhortations, for the purpose oiaccomplish-
ing this object of holding a convention, for
the purpose of deposing and ultimately pro-
curing the death of his majesty. Now is
this letter in furtherance of that object ? it
contains the common incitements and exhorta-
tions of this sort; it encourages him to per-
severe, and states as a ground why be should
persevere, that the funds of the society were
increasing ; that their numbers were increas-
ing ; and that their prospect of success was
increasing. That being stated (for I am not
i at liberty to detail the particular contents of
I the letter), as the subject and object of the
I letter : the only question is, whctlier such a
letter as that, of which it may be predicated,
that it contains an exhortation and incitement
to this object, is or not to be received in evi-
dence. I conceive there can be no doubt it
is an excitement and exhortation upon this
subject, and if it be that it is admissible.
Mr. Erskine, — My lord, unless I mistake
the cause, and the stage we arc iiu^N axvvi^
47 1 J 35 GEOilGE 111.
at in it, this is novel. I think I may call it a
phenomenon in the history of trials for high
treason, and in the practice of a court of
justice. My lord, standing here towards the
middle of the second day, I must appeal to
the honour of the Court, and to the candour
of the bar, whether we who are of counsel for
the prisoner have not been extremely reader, —
perhaps, readier than we might altogether jus-
tify to our client in a capital case, — ^in permit-
ting the reception of evidence, having troubled
your lordships with no arguments, having
asked hardly a single question of any witness
that has been sworn. I am persuaded, when
your lordships recollect the course that this
cause has taken, that you cannot but see that
we should have made no sort of objection to
tlie reading of this letter, had it contained
nothing more than my learned friend Mr.
(iarrow very decently, in my opinion, and
very properly stated to the Court, considering
and properly considering, that though the
Court might be involved in the difficulty in
reading a part of a letter, which part could
in no mstance be evidence against the pri-
soner, yet that the technicality of the evidence
might unfortunately call upon your lordships
to direct a jury to do that which a judge
cannot direct a jury to do, because human
nature will not permit the accomplishment of
it — to discharge from their minds the recol-
lection of what they have heard. My friend
did, therefore, properly not even open the
generality of that part of the letter ; but what
nave I in this cause to do with any thing that
Mr. Martin micht write, and which may
appear for any uiing I know to be an unpub-
lished letter in Mr. Martin's possession, and
therefore upon no principle of law to be evi-
dence at all. I conceived that we were
debating it as far as related to the prosecution
of what was called a plot and conspiracy;
namely, that which was published in all the
newspapers, and which your lordships have
been cn^«iged two days in hearing read. I nmst
be a fool to btand here and object to reading
a paper which contains nothing more than
what the jury have been employed two days
of their precious time in hearing ; but so it
went on, and at last Mr. Serjeant Adair said,
that, which if it had been said at first, I would
have waved my objection, and the jury should
have heard the letter, and that part would
have been crossed out, or the officer would
liave been desired not to read it; and I defy
any man of common sense to say he could
suppose I should object to it. Do not let any
man explain away that which I did say, and
that which the honourable and learned serjeant
stated, with the sense that belongs to him,
and the humanity which, I trust, will ever
accompany that sense. He stated that he
did not mean to insist upon the jury hearing
those lines read : he thought they ought not
to hear them.
Then comes the next learned counsel, and
he makes not a single observation upon any
Trial of Thomas Hardif
C472
other part of the letter which is stated to be
in furtherance of that which is called the
conspiracy; but he fastens upon that, and
proposes to read that which the counsel who
went before him admitted was no evidence
against my client. I stood up to object, not
to interrupt. I stand here to object when-
ever there is a legal objection open to me. I
had your lordships judgment for the founda-
tion of my objection; but my friend paid no
regard to your lordships iudgment : ror after
I was (Kissessed of vour lordships judgmentt
he went on and read the very words against
the reading of which I objected ; and having
done so, he kindly tells me that as I am coun-
sel in a criminal case, he receives my inter-
ruption with a gentleness with which he
would not receive such an interruption in a
civil cause. He savs this after he has done
that which is illegal, and has not been stop-
ped in the doing it, though I objected to it,
and was in possession of the judgment of the
Court.
My lords, this is no trifling matter, ^ve
me leave to say, I stand here for the lite of
an innocent man ; and I stand here for the
law and constitution of England, and I will
STiffcr nothing to be done while I stand here
that is not consonant to both. Tlien where
arc we got lu now in the debate ? We are
got to that which fills me with alarm and ap-
prehension ; it is an object of a magnitude so
great, so mighty, and what I am so unaccus-
tomed to consider, that I hardly know how to
grapple with it, or how to address myself to
your lordships.
It is truly stated too by the learned Serjeant
that what the crown profess to make out by
the evidence they have been offering to your
lordships for a great season is, that Mr. Hardy
was engaged in a conspiracy. Why is that
unfortunate man at the hur to be the only
victim of a conspiracy ? I do not mean the
only one ; there are eight or ten indicted with
him. How many thousands of his majesty's
subjects are meant to be hruugiit to this place
I cannot tell ; for the conspiracy that is al-
leged goes to the members of every one of
the societies. I say, in my judgment, upon
the evidence that is before tlie Court, every
man who has been a member of these Corres-
ponding Societies ; who has been a member
of this Constitutional Society ; every roan
who has been connected with those acts, if
the arts constitute a conspiracy to subvert the
government, is liable to he put into the same
situation with Mr. Hardy ; and any thing that
is written by any one person belonging to
either of these societies would be equally evi-
dence against him.
The whole distinction seems to be this,
and that distinction seems misunderstood. I
agree with Mr. Solicitor General in what he
said, with regard to lord Stafford's case,
founding itselfas far as relates to acts. Now
if this had been within the scope of the busi-
ness under examination, an act done by Mar-
47J]
fof High Treason*
A. D. 1794.
[474
g^iot and by Martin, I shall admit that such
ict done would be evidence against the pri-
toner ; but I am objecting to a letter, more
especially a letter that never found its way to
the person to whom it was written; that it
was ever intended for Mr. Margarot, as far
as the evidence goes, we do not know ; but
by the contents of which letter we are sought
Id be affected.
Now there b only one thing I am anxious
about. I wish to submit it to the justice and
to the discretion of this Court. Suppose part
Qf this letter is evidence, and part otit is not
evidence, is that part which is not evidence to
be read?
It happens every day that your lordships
direct nart of an answer to an interrogatory to
be read in a court of equity ; but you wall not
allow other parts to be read, because they are
not admissible evidence. Now "M that I ob-
ject to is, the reading this account of an old
woman throwing her patten at the king's
coach ; it is something so perfectly ridiculous ;
that aman's writing such a trumpery anecdote
as that, should afi'ect a man trying for his life
in such a case as this, it would be an insult to
suppose ; but at the saiue time it appears to
lue to be a dangerous precedent, to allow any
thing to be read as evidence which has no
connesion with the transaction before die
Court, but is a mere flippancy, which the
writer of a letter happens to put into it ;
which letter has in it matter that may become
evidence.
Lord Chief Justice Eyre, — ^This question
bu flone into a er^t length of discussion ;
but I blame nobody, as there was some differ-
ence of opinion in the Court upon the former
oocuion ; therefore it required that this ques-
tUm should be more fully discussed.
I agree with Mr. Bearcrofl, that he has
stated truly what the nature of this question
is ; namely, that if this were merely a trial
for a conspiracy, this would be evidence
against one of the parties in that conspiracy,
hMause the question, whether this prisoner is
to be reached upon the specific charge against
bim, is, undoubtedly, a question, whether he
is to be reached by that medium ; and if the
medium is once established, that question
arises, upon which I will say no more at pre-
lent.
It is perfectly clear that in the case of a
conspiracy, the general evidence of the thing
conspired is given in evidence, and tlien the
party who is at present brought before a court
of justice to answer for it is to be affected for
his share in it ; the question then is, whether
a paper under the hand of a person, who is
proved to be one of the conspirators, shall be
received in evidence, where it is nothing more
than a paper under his hand ? For, as 1 take
it, as this case stands, it is not a letter sent to
Margarot. There is no proof tliat Margaret
ever received any such letter. ; and, therefore,
it may be a paper merely written privately by
•Manin, whg is the person in whose hand-
writing it is stated to be, and may ncVer have
gone out of his hands. The question is^ whe-
ther under these circumstances such a paper
j is to be admitted in evidence, in a case in
which another person now stands at the
bar; and, I confess, that this does not ap-
pear to me to be sufficiently distinguished
from the case which we Just now determined,
to satisfy my mind that it ought to be received
in evidence.
It is undoubtedly true, that the general
plot is to he made out by proving the trans-
actions of others, to which the pnsoner at the
bar may not be immediately a party; but
then, how is it to be proved? Is it to be
proved by the mere acknowledgment of these
other parties, and so made use of against the
prisoner now at the bar ^ For instance, here
IS a conspiracy charged. Suppose a witness
should come and say, I heard Thelwall say
that he was ensaged in such a conspiracy ;
and I heard IViartin say he was engaged m
such ia conspiracy ; and I heard Margarot say
he was engaged m such a conspiracy. My
present apprehension is, that that would be
extremely good evidence personally against
the parties, who said it to prove agamst them
individually, that they were concerned in that
conspiracy, but that it would be no evidence
whatever against third persons, as was Uie
case on lord Stafford's trial. A witness prov-
ed that he heard A. B. and C. converse upon
the subject of a conspiracy; that is a direct
proof that these three persons conspired, and
there the conversation of one is evidence
against the other, and so on; that is evidence
of a transaction, a fact, not hear-say evidence;
and not evidence of a party's acknowledg-
ment, only inasmuch as it is an acknowledg-
ment by one in the presence of the others,
they acquiescing, and therefore becomes dis-
tinct ana proper evidence. But I have al-
ways taken it that with regard to these perso-
nal acknowledgments of tutvinjg meant to in-
cite,— for that IS the nature ot this letter-*-I
have always taken it that that was proper
evidence, if the party who was to be affected
by it happened to stand at the bar to answer
for it: but if another person was indicted by
himself, tliat there could be no evidence re-
ceived against that person, but the evidence
of facts proved by the witnesses, who prove
the existence of the facts in rcaular evi-
dence : confessional evidence is aa hominem
only. If it happens that a matter of fact is
evidence against A, by evidence of the truth of
that fact, other than the confession of A, that
does also become evidence against B, from
the circumstance of B being connected in the
plot, and B being bound bv all that A has
done. But the course that lias been observed
in the State Trials that I have read, has been
tiiat confessions have been made evidence
azainst the individuals only who confessed,
lliisisofthe nature of confession, and no-
thing more ; that has been considered as evi-
dence only against the party, and ii mot ^ \s^
rec<
m
recdved i/vbcre that party Is nat the person
fore the Court,
Lord Chief Baron Macdcnald.-^Oa the last
__ leBlion before the Court I confined what I
sakJ to the exact circumstance of the casc^
namely, that the bare relation of acts by one
of several persons to whom the conspiracy is
imputed to a perfect stranger to that conspi-
racy, is no more than an admission which
may possibly afiect himself, but cannot possi-
bly affect any of his co-conspirators, it not be-
ing an act done in the prosecution of that
conspiracy. But, I confess, there appears to
me a material distinction in this case. This
is a paper which is addressed by one of seve-
ral conspirators to another of those conspira-
tors; it ts introduced as subservient to the
proof of the general nature and tendency of
that conspiracy, which is alleged and endea-
voured to be proved as the foundation of af-
fecting the prisoner with a share in that con-
spiracy.
Kow it seems to me that one conspirator
addressing a paper to another conspirator,
having relation to that conspiracy (not merely
a bare ^description to a stranger), that one of
them addressing that paper to the other is an
act complete in that single conspirator, al-
though that paper should be intercepted, or
although it never should reach that person
for whose perusal it was intended ; that dis-
tinguishes this from the other case ; it is a
diflercnt act in one, though it does not reach
the other in that sense ; it is an act by one
of the conspirators, which in order to show
the nature and tendency of that conspiracy
may be read as against any other.
Mr. Baron Hotham, — I remain of opinion
that in the lastcasic, the letter then offered in
evidence ou^ht not to have been suffered to
be read. Tttat letter, however, I consider as
a very different letter from this ; it was en-
closing some songs, supposed to have been
sung at a race ling, sent to a totally indiffe-
rent person, and that was all that it contained.
This letter is written by a man who has been
proved to be the chairman of tiie meeting at
the Globe-tavern ; it is stated to be written
to, though nut received by, Margarot, who
has been proved to be the" delegate sent by
that meeting into Scotland ; and it is stated to
contain matters respectmg his particular mis-
sion to Edinburgh. It Ts stated to contain
matters of incitement, and encouragement to
him to proceed in the cause in which he was
engageo ; namely, in the cause in w hich he
was engaged by llie procurement* by the con-
sent, andljy the direction of that meeting in
London ; and that meeting in London nas
been proved to be composed of the prisoner
at tht: oar, of the writer of this letter, and bis
correspondent to whom it was mtended to be
ient, together with many others.
Now, therefore* I m consider this as
strong evidence, to show that one of that
meetmg so blended together as Uicy ore with
the prijfoner, sending »udi a letter lending to
sJcgate to
tbev haA i
th<^|Ha
ition^j
hidflH
tiof^H
incite and encourage their own delegate to
proceed in the business, upon which tb
particularly sent him, and for which th^
especially commissioned him and erapc
him to act, ought to be admitted as evidencof
to prove the sense of these conspirators, who
were also proved to have been together upon
that day.
Mr. Justice BuKer, — ^The case to which
alluded just now was, that of William loi
Russell/ where my lord Howard, in his e
minalion, goes very much at larjge into c
dence of what passed between him and loi
Shaftesbury; and in parts of that evidence
goes on to say that he supposed these
were told to lord Russell ; that lord '
properly objects to : he says it ishearsL^,
does not affect him,f but it is part of the evi-
dence which is given, and you tind much re-
lied upon by the chief justice:^ in sumoiing
up to the jury, with a view to that question^
which I just now stated^ as the first whii '
presses in point of order, and which qucstii
m my opinion, is always to be distinct froi
the second question ; namely, whether it
or does not immediately aflect the prisom
The evidence given there by lord Howard is,
that in a conversation with lord Shaflesbuiy,
he a&ked him what forces he had, to which
lord Shaftesbury answered, that he had
enough, that ten thousand brisk boys were
ready to follow him whenever he held up his
finger*
When this is summed^up, the chief justice
states it to the jury, repeating these vpon"
as evidence of a consult, but that it does m
affect lord RusselL
Then how stands the case here } The first
question to be ma<le out is, that there was
some conspiracy to affect the life of the kmg^
— ^To make out that question you must
evidence of what was done by other
When established, I agree that that
ntit affect tlie prisoner, but it i&neo
to show that there was such a conspii
foot, and then you go on to the sccon
tion, to see whether there is or is not e
to prove that this prisoner was acting a
that conspiracy. Now it seems to mi
the question will stand a little clearer, If
suppose that a conspiracy of the nature C'
tended for on the part of the prosecution hi
gone on without the intervention ut such
convention, as has been here proved, by
sons who were in Uic habit of committt
their resolutions to writing, if such a com
nation had existed, how in tlte nature
things could it be made out, but by thcdecli
rations and the conversations of those who
were parties to it^ And it seems to nit tbait
the way in which my brother Adair
this question, is a material one^ suppose
• See it in this Collection, Vol 9, p^ 5? 7
t Sec Vol. 9, p. 608,
J Pemberton*
§ See the sumnuog up, Vol* 9, p 635.
J
477]
for High Treason*
A. D. 1794>.
[478
equivocal expression were used, should not I
prove by conversation of persons there how
they understood it : it is evidence that they
meant that their plan should go to such an
eitent, then it becomes a secondary question,
whether the prisoner so understood it or not :
it is an expression equivocal, and if it is proved
on the part of the prosecution that some
meant to go to that extent, it is open to the
prisoner to say it was not so meant by me,
nor did I so understand it. But the question
is now not upon the effect of the evidence, but
whether it ought or not to be received ; and
inasmuch as^it goes to the existence of a con-
sfnn/^, it seems to me that it must be re-
ceived. What effect it will have must be
eonsidered hereafter.
Mr. Justice Gro$^. — I am of opinion this
evidence must be received for the purpose of
showing that there was a conspiracy, and
of what nature that conspiracy was. In this
case the address has just now been produced
and read ; and in that address it appears that
Martin was the chairman, the prisoner the se-
cretary, and that there was a correspondence,
both between the prisoner and Margaret, and
between Martin aud Margaret; that compli-
cates or implicates these three persons in a
business of this sort. Then is it not very ma-
terial for us to hear for the purpose of show-
iog the nature of the conspiracy, the extent
aiu the intention of the parties, what one con-
spintor writes to the other, respecting these
very acts that arc done in the course of trans-
actions relative to this very plan ? And when
itb said that this is merely a confession or a
writing, I think it is more because we know
Tery well that in many circumstances of this
sort it has been determined that, scrihere ett
tgere ; and the writing here is an act, and it
is such an act as may show the extent of the
plan, that there was a plan, it may show for
any thing I know the intention of the parties
to that plan. I confess, therefore, I am of
opinion that this evidence ought to be read.
Lord Chief Justice Eyre— Then now you
will read it.
Mr. William Walker (sworn)— Examined by
Mr. Garrow.
I believe you are an attorney ? — Yes.
Are you acquainted with Mr. John Martin i
—lam.
Are you acquainted with his character of
hand- writing ? — i am.
Be so good as louk at that letter, and tell
me whether the whole of it, in your judgment,
is bis writing, particularly the signature ; do
jou believe that to be Mr. Martin's hand-
wriluig?— I do.
Be so good as louk at the superscription, do
}rou believe that likewise to be his hand- wri-
ting?—I do.
[It was read. J
" mchmond Buildings Jan, 22, 1794.
" My dear sir: — ^I dare say you thiuk I have
ftr^ j0Ui from my not liavmg written to you.
but you know my sentiments so well that it was
unnecessary for me, and would probabl^r have
been improper to say much on the subject of
your mission; and with regard to lord Ed-
ward, I have not been able to get any thing
like a settlement. To-morrow is the first
day of the term, when I shall rule the sheriff
to return the writ of summons.
'' We had a meeting on Monday. I was in
the chair. The newspaper gives our numbm
at 500, but we were nearer 1^500. Every
thing was well conducted, that is to say, regu-
larly ; and the nroceedinss were tolerably uSd.
Mr^ Hardy, I aare sav, has sent you a copy of
the address and resolution.
*' Your conduct receives universal approba-
tion ; and though I at one time dreaded the
want of money, yet that is now over. Those
who opposed the subscription at first, are now
putting their hands to the very bottom of their
pockets, and swear by God you shall be sup»
ported with the last guinea. We must have
another general meetmg in a chapel or some
large pla^e, and declare the purpose of a sub-
scription, and, I think, we shall get plenty of
the needful for that and other purposes. Have
you read my letter to lord Lauderdale ? Do
you incline to try the writ of error ? What
do the Scotch lawyers think of it ? Aind what
do you think of the leeal knowledge of my
countrymen ? I firmly oelieve that the law
is the only science of which they know no-
thing.
" The king went yesterday to meet his par-
liament. They sat till six o'clock this mor-
ning. The papers are not out ; but I am told
only twelve members were for peace. I am
glad the minister has so ereat a majority
within doors for the war« and that the people
have a greater majority without doors against
the war. The swinish rogues had the impu-
dence to write, no war, on all the doors and
corners of the Houses of Lords and Commons;
and they had even the audacity to groan and
hiss while his most sacred majesty was pass*
ing to, and from, tlie House. Nay, I am told,
a woman, moved and seduced bv the instiga-
tion of the devil, and traitorously intending^
&c. did, in St. James's Park, take off her patten
and threw it with all her force at his majesty,
whereby the glass of the state-coach was bro-
ken, and his majesty put in fear. God save
the king, for if, &c. (as Gerrald says),
<' 1 am happy to find you are in good spirits
suffering the mild and just sentence of the
law. You may remember that I told you to
be thankful if you were not hanged.
" The society is increasing rapidly both in
spirit and in numbers; and the rich now be-
gm to come among us, and to sit down with
f pleasure among the honest men with Uie
cathern aprons.
<' I could write to you strange things, but I
know not but this may be rc£ui by somebody
before it comes to your hands, therefore ex-
cuse the nonsense.
*' I think there is a struggle between Mrs.
479]
35 GEOBGB IIL
Trial of T/imas Hardy
[480
Margarot and vou, who shall bear this \vith
greater fortitude, and that those who suffer
Uie least feel the most. When I read your
letter to the ^neral meeUn^ I could^sce the
tear starting in the eyes of Uie honest men to
whom it was addressed, and the succeeding
groans helped to relieve their swoln hearts.
^ I think you should execute a power of at^
tomey to some person, authoriung him to act
for you generally, in case you should be hur-
ried away. And if you think well of the writ
of error, give me an authority, and I will im-
mediately set about it.
<* Between us, Muir and Palmer have put
themselves into the hands of the opposition,
who, I fear, will use their case no farther than
as an argument to help themselves into admi-
nistration.
^ Mrs. Martin desires me to say more fur
her than I have room. Were it not that you
are safe enoueh, and all of us married, I
would almost think her in love ; but it is with
your conduct more than your person, adieu.
Believe me to be, my dear sir, your sincere
friend, and fellow-citizen,
"J.Martin.''
^< Citizen Gay says more than I dare write.
You know the frank sincerity of that citizen,
and if either prayers or any thin^ else in his
power is wantmg it may be depended on.
'^ To Citizen Maurice Marfl;arot, Tolbooth,
Edinburgh"
Mr. John Gurnell. — I found this paper at
Ilardy^s house.
[It was read.]
« Tolbooth Januarif 24, 1794.
" Dear Hardy ; — I liave just received your
letter, dated (by mistake I suppose) the 19th,
giving me an account of the amner, of llam-
say, and inclosing a 10/. note. I thank you,
my valuable friend, for the kind concern you
show ; but I wish the society may not forget
me altogether : however, should they, I am
determined to pursue the same line of conduct
even if I must pursue it alone. I will, how-
ever, remark to you in private, and this letter
is meant as a private one, and you may make
what use you think fit of it, that the Sheflield
Society have behaved far differently from our
own, towards their delec;ate, and even towards
his family. Ifyou publish my trial, it might
be necessary to place a print m( my handsome
figure in front, if so, Mrs. Margarot can fur-
nish you with a miniature, whence an engrav-
ing can be taken ; if that is done, pray let the
engraver put into my hand the papier, con-
taining the questions to the lord justice Clerk,
and let the last of them be legible, viz. Did
3'ou not say, thai the mob would be the bet-
ter for losing a little blood ?
*^ It will have a great effect on the public
mind : I was going to write a preface to the
trial, but on reading tiie account of the meet-
ing at the Globe Uvem^ I thought it might be
better for the society themselves to say some-
thing on that head ; but I must again observi^
that the Sheffield people seem more in earsh
est than the Londoners. Pray write to Nor-t
wich : I hope Sutton has paid that bill; if so
let Mrs. M. send me 15/. of it, and af^er pay-
ing you, keep the remainder : I ask for that
money, because I am in arrears here more
than the socieW has sent me ; I will endea*
vour, if I can collect a few of the extraordinaiy
expenses to send you a list of them. Since
my last, we have nad an additional padlock
?ut upon our door, and the captain of the
'olbooth is not intrusted with the keys at
night, but delivers them to the magistrates,
and calls for them again in the mornine.
Every thing here shows fear on the one hand,
and discontent nearly ripe on the other: here
they make no dinners, but yet they meet. It
appears, that worthy Skirving was unnoticed in
your cups ; the Scotch ladies, however, are
more kmd than the I^ndon Corresponding
Society; and in the effects of their regard for
him, I partake. Gerrald is not yet arrived. I
sent the society (by the way of Sheffield) a copy
ofScott*s indictment; they will make what
use they think proper of it. Has Martin done
any thing for me ? The duke of Portland, now
that he joins ministry, and coalesces with the
landed gentlemen, ought to pa^ that bill for
his brother, lord Ed^^u^ Bentinck, or they
both ought to be exposed to the world, and
the abuse of parliamentary seat-jobbing made
more public. Armed associations are, 1 per-
ceive, now set on foot by the rich, wherefore
should not the poor do the same? Are you
to wait patiently until 90,000 Hessians and
Hanoverians come to cut your throats? — and
will you stretch forth your necks, Uke lambs,
to the butcher's knife, and, like lambs, con-
tent yourselves with bleating? Pray let me
hear from you soon ; remember me to Mof-
fatt, Muir,'^Palmer,and all suffering brethren,
your's, " M. M.
" Pray deliver the inclosed, and show her
this.''
" Mr. Tliomas Hardy, No. 9 Piccadilly,
London."
Mr. John GurnelL — I found this paper at
Hardy's house.
[It ^vas read.]
" Bristol, January 28, J 794.
'* Fellow Citizens ; — I am again authorized
to write to you, signifying the ^gratitude of
our society for your second epistle, which
came to my hands the 3rd instant Aftor
reading its contents, I collected as many of
our friends as I conveniently could that eYen-
ing : — we read — we blushed— we took eaom.
rage ; we did more, for we molved p" •-
sembhng, as %re had ■pt'
determination w> —
intend p
* fit High fVwftHt.
7. this is vffcded^ we
loyou. Framthe
i^itLtc wr havr had In*
uf Mr. Maraarot, and
ti years iraiisj»orUlioR.
l^e nrr ut a los«> in it>rmmg a
nirl^iin I, lie ciiuse Iti which we,
, ;\rc embarked, nor would we b*
: . u such *ienlemci». You sec, citi-
icoa* ^uur secuud ci»i^t)e has quickened oiir
oourmge* iui<l vivified our patriutism, and
iind Bior«, our uum
*• R I7W.
t48«
rouMduato
bcr i» now
€
ty i»>^reased. Perhaps
1 eater Uiing^ stills
-His a virluous—
i! 1 i , . :iub«? in which we
lULtlir^'lv '■■inl':i:'i i:'i ; -.n'liJ thutlgh, fur
In bul a iceble one, yet
s mighty — is energclic ;
I .ni! t.rossper. It IS our
fer * them, that
pal: ; ! 1 ffic majority of
qiir city. We expected to have had the dozen
of the En^lii^hrncn's Hip^ht^^ which yoia men-
tioaed ' — Hope you will
tisul tiw .ic,teJ!ow citizens,
yourf^sLQcereiy,
** The Bristol Society for
Con&titutionai lufurmaiion, 6lcJ^
"Mr. Thomas Hardy,
I»i>, 1», Picc*dilly, London/*
Mr. Gnrrtfit. — Here are a great number of
itcd circular letters.
Edn^rd Lauiun>-^1 found them at
\y*% hou»e.
[One of tliem was read,]
dtJfens! -The critical monjent is ar-
ns must vither assert with
■s their claims to liberty, or
,|i»t>iit rebi stance, to the chains t^iat
"nl usurpation is forging for them.
(operate with us in the only peate-
ry that now pre5ients itself with any
i*cces^? We need nut intimiite
[jolwithslanding the ynparallele<)
1*1 ;s corrupt and overbearing faction,
^hich at present irnniples on Uie righrsand
r^f oplc, our meetings cannot in
lupied wiihuul the previous
iveuti^'n-bill, a measure H is
\i*\e, that the lies of union
imly drawn, and the ^enti-
i;iriews of the different socieiies
he nation be cumpiired, while it
' r, so as to guide and direct
^n-iof the friends to freedom,
riiontnore; and let us
uss of this important
' ' "mi with
iices,wc
t ui liberty/
isi Hes»iana
: ud \ and, if
« arraod bw*
: (I tiipoii ua '
let us form then anoll»er Brili«ih Coftvention ;
we have a centrnl situation in our virw^ whicttl
we believe would he most conveinent for thirl
whole island i hui which we tbrhi'ar to met]
tion (inirej.Uit^ >«iur confidence in thi^ partwl
cular) tiil we have the aoiswer of the >orietie
with which we are in rorrespondenre.
us have your atnswer then, by the "lUth a|j
fartliest — earlier, if pi*ssihle, wfvelher you ap«f
prove of the meaMire^ and how m^ny dei
gates vou can send, with the number also,
possible, ot your 8<jcielie5,- — We remain your%l
in civic affection, the London Correspond ingf
Society, Thomas Ha»DY, secretary." . r
4
•* For the management of this business w^
have appointed a secret committee ; you wii^
judge how far it is necessary for you tu do (he^
same/^
Alcjander Grant said, he believed thi
foUowing letter to be the prisoner's hand^
writing,
[It was read.]
*' London, March 12M, 17^4*
*' Citizen Buckle ;— I have just lime to ia^
form you that I saw our worthy delegate^
citizen Margnrot, lai.t Friday, t>n boarcTih
Surprize Transport, at Spithead^ about fivj
miles from Portsmouth Harbour. -lie is ii|l
good health and high spirits, no ways dM
pressed, although Providence seems tomrwD);]
— he is conscious of having broken no faw in I
this country, hut only doing his doty as evorjpl
good citizen i^ bound to do, for pruauitint; th»l
happiness of his fellow men, by op|>uMng every"
measure, and any man, thai wautmjly viotatea
all laws, human and divine.-^Ile Iiuh the con-
solation in his own brea&t, as tvcry honest
man will have, when he reflects, thnl Ik i^ pot
Hufferin^ for evil doins:, although the enemie*
of nrdukind arc puuii^hing hmi as an evil
doer ;— but, iiccorcling to humnn apjTcarance.
theietgnol the beast of civil and ecclesiastical
power is almost at an end. — Thanks Co tha
supreme kuler of the universe for his great
eutxiness hitherto^ and the bright prospecl
before us,
** I delivered the twenty pounds you gaye
me for his use, into hia hund; it was very
seasonable. — This moment a friend hat
shown me a letter from Muir, in(om»ing him,
that the convoy has hoisted her signal for
sailing; and I am afraid^ by this time, the/
are gone from Portsmouth : jf so, ih«iy are
without many oece^%2l^ies that were preptirinft
for them. — I saw the rapt^im ; he appt nr^ to!
be a very cood kind of man, itnd ht<irs ai
excellent character. — 1 l»opc you will ejtcua
me enterinii mtu detail further, for I have no|
aJiotber minute to spare,— If any friend yoiJ
can trust come to town, I will give him a full
account*— What thiok yoaof a convention^
Faicwcli, TiioMAS Hahj^v/*
Mr. John OumelL^l found thase papers j
Liardy'>> J louse.
2 I
'4&]
35 GEORGE III.
Trial of nomas Wordy
[«*
[They were read.]
'* Fellow Citizens,— The Society in StiStha-
ven received your circular letter some time ago^
respecting another British Convention, to be
held in England; and finding it would be in*
convenient for them to send a delegate for
themselves alone, the cause being much sup-
pressed here by prosecutions, which we are
subjected to from the petty sheriffs in our
neighbourhood, we have united ourselves with
the societies in Kilmarnock, Galston, New-
mills, and Dorvill ; accordingly a meeting of
ilclccates from these societies, and that in
StraUiaven, was convened on the first current,
where the measure met with the fullest appro-
iKition, and a delegate was elected for the ge-
neral convention, and a secret committee ap-
pointed to conduct the business. — You will,
tlterefore, forward your orders to us, when
and where the convention is to meet with any
other instructions or information you may
judge necessary ; we shall instruct our dele-
gate, respecting the number and strength of
our societies, and are happy to fraternize with
you in any thing that may tend to promote
the gcncnu gooclT Wc remain your's, in the
cause of literty, for the united societies as
above,
** Alex. Mi Tcu ELL, secretary.
« Strathaven,
SHh April, 1794.
** For the London Corresponding Society.
^ Direct to Alex. Mitchell, Manufacturer,
Strathaven, coimty of Lanark.
** Mr. T. Hardy, Shoemaker,
No. 9, Piccadilly, London."
•* Natcastle-upon-TynCf 94th April, 1794.
^ By desire of a number of friends to a ra-
dical reform in the constitution here, I make
firee to trouble you — We live in a place where
an aristocrat magistracy endeavours to stop
the genial and benign spirit of national liberty
from spreading, notwithstanding a very great
number are &und here that dare assert the
natural and unalienable rights of man, and ,
bear their testimony against the tyrannical
encroachments of assumed puwer on those
rights. — A good number have formed them-
selves into societies, and meet weekly, admit-
ting none but known friends; and have as-
sumed no name but that of Newspaper-com-
panies; these were in great spirits while the
British Convention contmued to act, but after
their suppression, a damp was cast on the
whole.— -Subscriptions were ready to be sent
off the very night they were suppressed, and
the Gazetteer stoppecL which has since been
remitted to London, for the use of the perse-
cuted worthies, Muir and Palmer. — ^iBeing
charmed with your masterly and k)old appro-
bation of the conduct of your delegate! wad
noble martyrs for truth, Margarot wad
raid, and find your name fogaid SeaH
the Corresponding Society, woiriib.1
your example ; and beg, if you think us worth
your notice, give us your views and intention^
as soon as convenient, which, I hope, will be
a means to stimulate and increase our nnta^
hers. Lest this should not come to you, as I
have an uncertain direction,! forbear troubling
you more at present, in hopes of being fii*.
voured with your future comespondence.r-
Farewell, hoping the hvdra of tyranny and
imposition shall soon fall under the guillotine
of truth and reason. — Your*s, with- all due
respect, &c.
*' Mr. Harding, Na 9, or 19,
Piccadilly, London."
Mr. GarroK. — ^Thi-S which was found in
Hardy's possession, purports to be an answer
to the last.
« \U May, 1794.
** Citizen ; — It is with pleasure the Londoa
Corresponding Society hear that a society on
a similar plan, and with the same patriotic
objects in view, is likely to be established at
Newcastle-upon-Tyne. If ever a crisis ar»
rived that required the exertions of the people*
to stofi the torrent of corruption, infamy, and
despotism that seems likely to overwhelm
them, it is the present. In God's name, then;
let us use these exertions. We are called
upon by every thing that is dear to us, as men
and as Christians. The cause of truth ahd
liberty must finally be omnipotent; thcrefoiQ
doubt not that the glorious reign of liberty
and equality will ere long be cstsu>lished ; and
modern governments, with every appendage
of wickedness and corruption, will flee, m
time, from their genial influence, as beasts of
prey to their dens of rapine and darkness from
the rising sun. The I^ndon Corresponding
Society have beheld with indignation the
rapid advances of despotism in Britain, and
arc ready cordially to unite with every other
society in the three kingdoms, who have for
their object a full and eflcctual representa-
tion of the jjcoplc ; they therefore nave de«
puted six of their members to meet six of the
members of the Society for Constitutional In-
formation, to form a committee of corres^.
pondcnce and co-operation. This committee
meets regularly twice a week, at No. 2, Beau-
fort Buildings, Strand, where any member
delegated by your society will meet with every
information required. *Wc inclose you a few
of our rcbolutions entered into at our general
meeting, on the 14 th of April, which will be
siifTiciently explanatory of our sentiments and.'
views. We heartily unite with you in wish-
ing that the hydra of tyranny and imposidoa;
may soon fall under the guillotine of truth and'
reason." J
^Fellow GitiieB'^^
from our
I
Jhr High Tn<u6n,
\ tiie iNJblic^ iuid us of our
ibic fwraevcranrc in t i-^ cause
of freedom.— This p«^^o ^ i awever, and
Ibwrt? t*^t?rhun*i of m\ i ; ^joctety^ can
t>tj> ' ^^LtclJCb m the dinerenl
|k3.i ire in thetiiHtJves dis-
tttutcd^ or tiu Dut ii other,
^tmeftble lo tlu* ilhropy
tnd fmt*" i* ' II iJirv ^H vvaniny profess.
UtMler I ' c coil cc I V e 01 1 rs*' I ves trca led
^j aUc^i-.- ^M h:^^' 'TT^ tiv your siKielynot
freriug otir J;i tht reasons may
m1 — A I uir " lunchd cnuiigh
lo M (Iocs not a(>-
[if ^ It i>oinlu< vtcw.
0^1 > we send you a few
frij .1 *!innd effect and is
J|l( ' e of many
ffi' pledge there
ttsumcilnu^ vciv iAii Miil fcj.;iunable in the
I»rofluction. This is an absolute victtiry ; and
w»- ' nliitc ourselves on
thif iis to us. With
r saw an ac^
I J 12* Wc !a*
ilibtn should
assertion ol'
r ri joice in
e, and
I Ibrra-
anothcr ;;;rMerHl convention. Utir in-
creajiifig nnmiicrs give ns every reasonable
■^ oi stoon being able more effectually to
i»rtite with you ; while, for the rca**ons
\t\AA yd make a po»i-
..ud. We huf)€ for an
i.ivour us with your oj»i-
% and transmit a sketch of
*' - ' ruuvonlion*
i>t drici^atet
''' rjaf So-
li ire* j
iiununal y
/ vc your re
riieral convention.
<iety, '' I
- Tbamas Hardy, No. 9, i ,
London.''
*^ \<ief i*-*, 29<A Aprii^ 1791*
'Cf* ;— h i^ with great satis-
mduct ofyoii and
Sirn surrounded,
aristocracy,
bluster, are
vvRiiLs?, uur Norfolk
<ii I ing completely foiled
•« iiiT vv-Mnv jML. ,ui^, wrrc dclernnned lo
■faienbr tu support an armed aristocracy.
thUfiuy ten
«i4 an Dill t
tlie meiropofb, that a
i d no more than *iOO/*
ioned lord but 100/.;
Ir-r, and very fierce for
uormous sum ut* 20/. ;
nd
to
sill lake ail
air biUf. We
A. D. 179^* [488
idiould esteem it a favour that you would send
us a few of your late DecJamlions,
** P. S. — Many of otir friends are fully con-
vinced of the necessity^ legality and rationality
of a convenliou ; but| 4|ucryi whettier the
time be expedient ?
** James Baog, chatrroaa.
" I. S^iRT, Becretary*''
« Ihrrjhrd, Matj \1th, 1794.
" Sir ; — I have repeatedly ^een your name'
in the newspapers, as secretary lo a tertaia
institution called the Ijondon Correspondmg
Hocicly. But IVoci ray inquiries in the coun-
try, I have not yet been able to acquire a*
kfujwledge of the rules of the society, nor the
precise purpose for which it has been esta-
blishrd. If ll:j^ir design is to increase the»^
knowledge of the community, I really think'
it laudahle rmd seasonable, and should be glad
to avail myself of their infurmaiion. 1 have^
therefore troubled yon with this letter, re-
questing some account of the rules of the
society, the object they have in view, and iho
means they pursue to obtain it. Any infor-
mation of this sort would be extremely grati-
fying to, sir, ycmr most humble servant,
'' Joseph Poweli,-
" Address to Josrph Powell^ surveyor; to
be left at the Sun Tavern, Hereford.
** Mr. Hardy, No. 9, Piccadilly, Londoo.
** Post paid/'
" Fellow Citiaen;— In answer to yourl<?lter
dated the 13th ult. I am desired to inform
you, the London Corresponding Society have
in view not only the glorious design of in*
creasing the kmmttdge ol* tlu^ community, but '
of rtdretiing their gricimncei. 'i'his tht^y^ <
hope to do by slriiining every nen'e in unronf
with other societies already established^ and
establishing, in every part of \ht kingdom, to
procure umvcnal sitpni^e and annual purlia-
menfi^ as the only likely means to annihilate
the present most abominable system of cor-^^
ruption, and to stop the rapid advances of-.
des^olisTO — a monster whose n id eous feature*'
need only be exposed to render it an object of
universal terruf and detestation, but whose
gaudy trappings have too long dazzled tlie'
eyes of our countrymen. ^
** To expose vice, to paint virtue in its trua .
colours, to acquaint our fellow citizens with ,
their deafest rights, (he rights of man ; and,
by a brotherly imion, give them an opportu-
nity o{ dcmanduig those rights, are the ' wiffliu**
we use; and we doubt not, but in exerting,
those means, wc arc doing our duJy to Coa ,
and our country ; for, as Pope says,
*• Jove fixt it certain, that whatever day
** Made man a slave, took half his worth away.'
** VVe invito you, and your fellow citizcMis, to
join with us in the same glonou*^ cause, Frotti
us you may depend on eviTv infufiuaUon and '
assistance; thtMuod* hich, yoii/
will shortly learn by
" i, liAiLPTj »ccrt!ttiy«
487] S5 GEORGE in.
' « Herewith yoii receive a few of the pro-
ceedings of our last general meeting."
(Iiidt.rsed) " Copy of answer to Hereford/'
Mr. Garrmr. — I now propose to read a letter
from a society at Sheffield, addressed to the
prisoner; it does not appear that any part of it
IS in his hand-writing ; it is found In the pos-
session of Thelwali, who, as your lordship re-
collects, appears to have been in some in-
stances an agent of that London Correspond-
' Society of which Hardy was secretaiV.
xlr. Erskine. The principle upon whicn the
last piece of evidence was admitted was very
distinctly stated by your lordships, that it
might be evidence to show a conspiracy so
called, yet would not go to affect the prisoner,
unless It could be brought home to him. The
only remark I make upon this is, how does it
appear to be the same Sheffield Societv with
which this society was in correspondence?
Is it written in the same hand-writing ? Does
it profess to be written by the same person i
who before corresponded witli the prisoner ? j
Mr. Garrow. We do not state this is the
Sheffield society with which they corre- |
spqnded ; I state it to be from a society at
Sheffield, with which town they were in cor- i
respond ence, signed by a person purporting '
to be a secretary ; but if my friends object to
it, we will not trouble them to argue it.
Mr. Ernkine. — I certainly do object to it.
Lord Chief Justice Kyre. — ^I think this let-
ter is in a ditferent situation from the other, j
It is a letter purportins to come from one of !
these societies ; it is admressed to the prisoner,
and it is found in the hands of a person affect-
ed by the evidence, at least to involve him in
this conspiracy.
Mr. William Tims sworn .^Examined by Mr.
Garrow,
Are you one of his majesty's messengers ?
— ^Yea.
Did you seise any papers at the house of
Thelwall ?— Some tew that were on his per-
son.
You put your name on those that you seiz-
ed?—I did.
Is this one you found upon Thelwall F-^Itit.
[The letter read.]
" Sheffield, Mny IKA, 1794.
^ Friend and Fellow Titizen; — ^The friends
of peace and reform in Halifax, having held a
Sneral public meeting in the open air, on
onday, April 21st, 1794, at which were
manv friends from Leeds, Wakefield, Ilud-
dersncld, Bradford, and the adjacent nci&h-
bourhood, the friends of freedom afler Uie
roeetin;; agreed to hold a general meeting of
delegates at Bristol, in order to consider on
the measures to be adopted by them, prcpa^
ratory to a general convention, after which
our worthy friend, citizen , of Halite,
being ordered to Sheffield^ to get d|e pnK
Acembgs of the meeting pnnted, ud mnidt
OM
Trial qfThomtu Hardy
with us upon the subject, they were \
by us to defer at present the meetiog of diki
gates until Airther information from jo»oa
that subject ; I was, therefore, ordered at ooi
last committee meeting to write to vou» i^i
questing the favour of as early intelligelM
as possible on that important businest. -We
are not in the least intimidated ih Sheffield,
as we can call and hold a public meedDg
whenever circumstances render the stm^M
cessary: besides in the house where I re-
side, we have a large commodious^ roon,
where the society can peaceably meet in Mto-
tion. — By order of the committee^
** William Broombbad, secretafy.**
Mr. Fi7/iaM &af/ again called.
Mr. Garrow. — ^Was this paper found in thi
possession of Mr. Skirviog.— Yes.
[The paper read.]
^ The delegation from Glasgow moveSp thai
the convention take into their consideration,
the nature and extent of a resolution adopted
by their constituents, and by most of the raMi
societies in Scotland, and afterwards ratified
and approved of at the general convention
held at Edinburgh, in DMembeTi 1799 ; the
import of which was, that if any member ol
their society, associated for the purpose, of
obtaining a parUamentary reform, should^
while in the legal prosecution of that object
be oppressed or persecuted by the nrm ol
power, they shoula not only meet with the
assistance of the society to which they beloi^
but also with the united efforts of all their bnre-
thrcn in Scotland.
*^ Since the above period, however, we ars
sorry to say, several of our members have
been persecuted, and that in a most wanton
manner ; and the above resolution (which il
duly put in force, would, we humbly appre-
hend, have the happy effect of emboldening
those who have alr^y come forward, and of
encouraging others who have not yet taken
any active part to unite their efforts in the
general cause) has never yet been attciuled to.
*< We therefore humbly move, that the con«
vention take into consideration the above par«
ticulars, and consider what measures may be
most conducive towards the performance of
tlie obligation we lye under, in consequencs
of that resolution, and thereby show to thfl
world, that we are not unmindful of those who
have already sulfered, or may in future suftr,
in their country's cause. — By order of the de<
legation, Johh Oaetlt.
'• Edinburgh October 80th, 1793.*
Mr. Edward Lanaun again called.
Mr. Garrow. — ^Where did you find this
paper ?— In Mr. flardy's house.
[The paper read.]
« Sir ;—Yoar letter of the 14lhinstenf Mi
dressed to the chMrman of the f
xlf -Ji'Ij4:-tl4i^;c'i
489]
Jw High treason.
kitlnifffittfcted I hiN^ the pleasure! td ftetid
mm their retOhitkMi <lli the tette. I have the
bonour to be^ ur, your most obedient serrant,
" D, Adaus,
'< Secretary to the
^ 8of ietj for Consiitutiooal loforniaUon.
4,Toolu Court»
iane 19, 1798."
' At a meeting held Friday, Juoe 15th, 179S.
M Resolved ;— That the secretory be de^reJ
lo ioibrm the seeretaiy of the London Corres-
ponding ScKriety, that this society receive their
proposal wkh pleasure, and are' willing to ad-
mit such six of the members whom they shall
nomioatei to be associated members of this
society.
" ay direction of the societv you will re-
ceive 800 printed Resolves on the late proda-
matlon.
" London Constitutional Society.''
Addressed •" Mr. Hardy.''
Indorsed *' Receivf>d June 19, J798, with
900 copies of their Resolutions on the procla-
^ And acquainting us they would admit six
efour members.''
[A paper shoMn to Alexander Grant, which
he said ne believed to be the Prisoner's hand^
wriliDgJ
Mr. GarroD*. — This seems the beginning of
the fionnexion of the two societies.
[The letter read.]
* !ftr}-^In the name of the London Corres-
ponding SifCiety, I have to return thanks to
the Society for Cunstitutional Information, for
their prtrnent of '2()0 copies of their Resolutions,
respecting the king's proclamation; as also
far the 800 copies of Mr. Paine*s Letter, &c.
LUkewise Mr. Paine's Letter to Mr. secretary
Dundas : by care, in the distribution of them,
those 600 papers shall be seen by as many
thousand persons.
** We find ourselves highly favoured by
your readiness, to admit six of our members
imons you. I am directed to forward to you
the following six names, as the persons cho-
sen by our society for that honourable pur-
pose; our sense of the favour so conferred,
will be best expressed by their clone attend-
ance at your instructive meetings, and con-
stant endeavours to forwanl the so bcnefirial
tnd so much wanted reform of parliamentary
representation. I am, sir, with great respect,
your very humble servant,
" TuoMAS Uaroy, secretary.
« July 6th, 1792.
« Mr. D. Adams."
''The six persons chosen were Mr. Ilardy,
Mr. Margaret, Mr. Kichter, Mr. Littlejohn,
Mr. Grant, and Mr. Gow."
Mr. Dante/ Adamt sworn. — Examined by Mr.
JBovcr.
time secretary to the
Society ?— Yes,
A. D. 179*. [490
Were these the books in which their pro-
ceedings for some time were entered? — ^Yes.
Arc the entries of the proceedings of the
society regularly made in these oooks?-*.
Yes.
[The following proceedings were read from
one of tlie books.]
At a meeting held at the Crown and An-
chor tavern, Strand, Friday, July ISth, 1798.
" Prestut,
'' Mr. John Martin in the chah-.
" Mr. Tooke, Mr. Frost, Mr. Bonner, Mr-
PaJne, Dr. Maxwell, Mr. Hull, Mr. Sharpe,
Mr. Pearson, Dr. Kentish, Mr. Sturch, Mr.
Constable, Mr. G. Williams, Mr. Riming-
ton, captain Uarwood,Mr. Bush, Mr. Bush,
junior, Mr. Choppin, Mr. Bakeweil, Mr.
Hind, lord Sempiil, Mr. Jennings, Mr. Bal-
manno, Mr. Fitzgerald, Mr. A&ms, Mr. J.
Williams, Mr. Chatfield.
^ The following six gentlemen recommend-
ed by the LoiKlon Corresponding Society, to
bo associated members ot this society, were
unanimously elected."
^ Mr. Hardy, Mr. Margaret, Mr. Richter,
Mr. Littlejohn, Mr. Grant, and Mr. Gow.
<< At a meeting of the society for Constitu-
tional Information, held at the Crown ami
Anchor-tavern, Strand, Friday, July 20th,
1798.
" Present,
" Mr. Frost in the cliair,
" Mr. J.H. Tooke, lord Sempiil, Dr. F^lwards,
Mr. Bonney, Mr. W. Sharpe, Mr. J. Wil-
liams, Mr. G. Williams, Mr. Choppin, Mr.
Bailey, col. Keating, Mr. Bush, Mr. Stiirrh,
Mr. Balmanno, Mr.Aspinal,Mr.Bush,jun.
Mr. Gow, Mr. Hardy, Mr. Grant, Mr.
Moore, Mr. John Martin, capt. Perry, rev.
Dr. Towers.
■** The committee appointed to take into
consideration Mr. Paine's letter, reported that
they tliink it will not be advisable for the
society to undertake the trust.
" Resolved, That the said committee hr
now dissolved.
*' Resolved, That a committee be appointed
to consider of the manner in which the society
shall communicato to Mr. Paine their deter-
mination concerning his offer of 1,000/., in
trust, to be applied as the society shall think
proper.
•* Resolved, That the said committee con*
sist of Mr. Bush, rev. Dr. Towers, capt. Perry,
Mr. J. H. Tooke, lord Sempiil, Mr. M. Bush,
Mr. W. Sharpe. Mr. Cho|)pin, and Mr. Bal-
manno; and that the said committee meet
at six o'clock, at the Crown and Anchor, ta-
vern."
l^lr. fioaer.^Tliese books were among the
papers that were seized at your house by the
messenger ?— Yes.
Were these books open to the inscectkua t^
491]
35 GEORGE III.
C49S
th^ society when the society were sitting ? —
Tiiey were on the table.
. Open to the inspection of the members? —
Jfthey thought proper.
Were ihey ever read ? — ^Thc minutes of the
former meeiing were generally read the first
thing in the proceedings of the next.
[The following entiy was read from one of
- the books of tlie Society fur Constitutional
• Information.]
' <' At a meeting of the society, held at the
Crown and Anchor tavero. Strand, Friday,
July sr, 1798,
PRESENT
Mr. Choppin in the chair,
« Mr. Hull, Mr. Bush, Mr. M. Bush, Mr.
Sturch, Mr. Williams, Mr. G. Williams,
capt. Harwood, Mr. Uarvcy, Mr. Cow, capt.
Perry, Mr. Sinclair, Mr. Geddesi, Mr. As-
ttinal, Mr. Gerard, Mr. Littlejohn, Mr.
llutt, Mr. Sutton, Mr. Moore, Mr. John
Martin, lord Seinpill.
** The committee appointed to take Mr.
Paine*s letter of the 4tn instant into conside-
ration, and to consider of the manner in which
the society shall communicate to Mr. Paine
their determination concerning his offer of
1,000/. in trust, to be'applied as this society
ahall think proper, reported tliat they had
met on Monoay last, when they came to tlie
following resolutions : —
'< That it is the opinion of this committee,
the oftcr of Mr. Paine be respectfully de-
clined.
*• Resolved, That the following letter be
recommended by this committee, to be trans-
mitted by the society to Mr. Paine :
•* Sir ; — I am directed by the Society for
Constitutional Information, to return you
their sincere thanks for the honour you hiave
done them, in requesting tliem to become
trustees of the sum of one thousand poimds,
which has been produced by the profits of
the sale of the Kignts of Man, and leaving it
to them to apply it to such purposes as tliey
should judge proper. They have a just sense
of the confiaence that you have placed in
them, and of the generosity and disinterested-
ness of your offer, but they cannot think that
it is an offer they should accept. The emi-
nent services which have been rendered to
the public by your invaluable writings, have
never yet met with an adequate reward, and
they think that it would be an extreme in-
justice to deprive you of any benefits which
might be derived from tlieir sale ; for it is but
reasonable, that those who arc possessed of
literary talents, and who employ them to
promote the happiness of the community to
which they belong, and to mankind at large,
should receive those advantages which may
be obtained by their writings, and which may
be enjoyed with integrity and honour. But
thouch the society decline the offer which
;rou have been pleased to nuke them, tbey
TridqfThomai Hardy
cannot do it, without, at the tame time, ^
gratulating you upon the conadousDess which
you must possess of having contributed, hf,
your writings, to the illumination of so many
millions of^ human bein^ in this coimtiy,
America, and in other nations, on subjects of
the highest importance to the imiveriud free-
dom and happiness of mankind. I am., with
great esteem, sir^ your most obedient servant,
" D. A. secretary.
" To Mr. Thomas Paine:*
" Resolved, That the said letter be signed
by the secretary, and sent to Mr. Paine.
** Resolved, That the secretary wait On Mr.
Paine, to be informed by him, whether it be
aereeabie to him, that the two resolotions of
the committee appointed to take Mr. Pained
letter of the 4th of July into consideration,
together with tlie answer of the society, be
Sublished iu the papers, and that if Mr. Painer
ocs not disapprove its publication, that it be
forthwith piibhshed in oifferent papers.
** Adjourned to the Last Friday in Sep-
tember."
Mr. Bmccr. — I shall now call thebooksellec
who published Mr. Paine's book.
Jeremiah Samuel Jordan sworn. — Examined by
Mr. Bower.
Do you know Mr. Thomas Paine ? — Yes.
Do you know his hand-writing ? — I tliink
I do.
Look at that letter ; do you believe tliat to
be his hand-writing?— To the best of my re»
collortion this is Rke his writing; I never
saw him write.
Have you corresponded with him ? — I have
received notes from him.
And answered them ?— No.
How do you knuw the notes came from
him? has he af\erward!» told yuu that they
were his notes? — Because I delivered things
according to his order, therefore supposed
them to come from him ; but I never saw
him write, so as to take particular notice.
Have you ever talked with him about those
notes, or of things that were sent in couse*
quencc ? — I do not know that 1 have.
Did you publish, at any time, for Mr. Paine,
a work, intituled, " Rights of Man ?*'— I did.
Look at this, and tell us whether that is
the book that you published ?— Tliis is one like
them ; whether this is one of the same books
I cannot tell ; here is my name to it, and it
is like that which I published.
Do you believe it to be one of the books
that you published ? — I believe it is one of
the books that I might publish.
Mr. Erskine.— V>o you swear to that book,
that it is one you published ? — I cannot swear
that it is ; there were a great number sold
tliat were not sold by me.
Mr. Eou^r.—Look at it, and see whether
it is one of the books vou published }*Uia.
one of the same as 1 punlished for Blr.Fumi^
Is it like the book jf^
49S]
fir Wgl* TrtatM.
•' A. D. 179*.
[49*
Mr.' £rifttnf.-^Is that the hook or not?
irthat is not the hook I object to it.
Lwd Chief Justice Eyre.— Who printed it?
— ^Mr. Chapman printed part of it Of the
first part of the Rii^hts of Man, Mr. Chap-
man* printed the whole. This is the second
part.
Mr. Bmrer, — I thought yon had been the
printer? — No, I am only the publisher.
Mr. White. — ^I'he man is dead that bought
% and I must call a witness to prove his
hand-writing. That was proved in a court of
justice.
Mr. Bover.— I have the record of a con-
Tietion, in which Paine was convicted : this
witness was examined upon his oath there,
iod I can prove what he swore then^ which I
submit will be evidence.
Mr. Erikine, — ^That was the king asainst
Mr. Pdne ; this is the king against Mr. Ilardy.
Mr. Garrow, — I think I am entitled, at
present, to read this as evidence to go to the
jury ; I know it is open to the other side to
show that this is not the Rights of Man re-
cognized by this society.— -We can carry it
frrther.
Lord Chief Justice Eyre, — The nile of
eridence requires that you should carry it
fivther.
Mr. Bower. — Do you know how far Mr.
Chapman printed? — I believe as far as
letter H.
Mr. bower. — I will now read the proceed-
ings of the Constitutional Society, at their
aeit meeting, on the '28th of September.
[The proceedings were read.]
* At a meeting of the Society for Constitu-
tioaal Information, held at the Crown and
Anchor tavern, Strand, Friday, 28th of Sep-
tember, 179«,
" Present,
* Mr. William Sharp in the chair ;
• Mr. J. H. Tooke, Mr. Symonds, Mr. Walsh,
Hr. Bonney, Mr. Merry, Mr. Jennings,
Mr. John Martin, Mr. Williams, Mr. Sturch,
Mr. Moore, captain Perry, Mr. Hickman,
Mr. Gcddes, Mr. Hardy, *Mr. Gow, Mr.
Margarot, Mr. Sinclair, Mr. balmanno.
*Read the following letter from the secre-
tly of the London Corresponding Society :—
*ToD. Adams, secretary to the Society for
Constitutional information.
^•Sir; — The London Corresponding So-
ciety having taken the resolution of transmit-
tiof tothe French National Convention, an
wioress, signed by all the members, or by
Ibe different delegates (each stating for how
BttDy members he signs), to assure that suf-
faing nation, that we sympathise with them
« tiler misfortunes ; that we view their cx-
■ ■in i _-
-'^^•■•W* evidence on the trial of Thomas
lhtjd^,Vol.«,p.400.
ertions with admiration ; that we wish to give
theni all such countenance and support as
individuals, unsupported and oppressefl them-
selves, can aftbrd ; and that should those in
power here— dare (in violation of the nation's
pledged faith of neutrality, and in opposition
to the well-known sentiments of the peopU
at large) to join the German band of despots,
united against liberty, we disclaim all conriir-
rence therein; and will, to a man, exert
every justifiable means for counteracting their
machinations against the freedom and happi-
ness of mankind.
** I am ordered by the committee to ac-
quaint the Society for Constitutional Infor-
mation therewith, in order to be favoured
with their opinion thereon, and in hopes
that, if they approve the idea, and recommend
its adoption to the different societies, the
publication of such a respectable number of -
real names will greatly check the hostile
measures which might otherwise be put in
execution. I am, with great respect, dear
sir, your very humble servant.
(Signed) " Tuomas Habdy, secretary.
« London, Sept. 21, 1792,— No. 9, Piccadilly,
near the top of the Hay market.^
^ Resolved, that the secretary express the
thanks of the society to the London Corres-
ponding Society for their communication, and
acqu:iint them this society do very highly
approve of their intention.
" Ordered, That the said letter be read at
the next meeting, for the purpose of consi-
dering of publishing the same.
" Read a letter from the London Corres-
ponding Society, enclosing a printed address
to tlic inhabitants of Great Britain."
Mr. Bower. — ^There is in the meeting of
the .^th, a confirmation of these minutes.
Mr. Garrow. — I shall now produce a copy
of one of the cheap editions of Painc*s Rights
of Man, and Mr. Paine*s Letter to the People
of France, both found in possession of the
prisoner.
Mr. Edward Lauzun again called.
Mr. Garrow. — Is that one of the papers you
found at the prisoner's house ?— Yes ; there
is my name to it.
Did you find the other there ? — ^^'es,
Mr. Ertkine. — Is your lordship of opimon
that any printed book which is found m the
possession of the prisoner is to be read.
Lord Chief Justice Eyre. — It is evidence to
be left to the jury.
Mr. Garrow. —We do not interrupt the
course of proceedings by reading the passages
out of Painc*s book ; at present we will go on
with other evidence.
Ix}rd Chief Justice Eyre, — When arc we
to take up that } If we arc ever to have if,
we may as well have it now.
Mr. Garrow. — Then we will read Mr,
PaincS Vtter to the people of FvAWt.
495]
S5 GEORGE IIL
Trial // nomas Hardy
[496
[It was read.]
Letter of Thomas Paine, to the People of
France. Published and distributed gratis
by the London Corresponding Society.
" PariSf September 25.
<< (First Year of the Republic.)
''Fellow Citisens; — I receive, with affec-
tionate eratitude, the honour which the late
Nattonu Assemblj^ has conferred upon me,
by adopting me a citizen of France ; and the
additional nonour of being elected by my
fellow-citizens a member of the NationafCon-
vention. Happily impressed, as I am, bv
those testimonies of respect shown towards
me as an individual, I feel mv felicity in-
creased by seeing the barrier broken down
that divided patriotism by spots of earth, and
limited citizenship to the soil, like vegetation.
*^ Had those honours been conferred in an
hour of national tranquillity, they would
have afibrded no other means of siiowing ray
afifection, than to have accepted and enjoyed
them ; but they come accompanied with cir-
cumstances that give me the honourable op-
portunity of commencing my citizenship in
the stormy hour of difficulties. I come not
to enjoy repose. Convinced that the cause
of France is the cause of all mankind,
and that as liberty cannot be purchased by a
wish, I gladly share with you the dangers
and honours necessary to success.
*< I am well aware that the moment of any
great change, such as that accomuUshrd on
the 10th ot August, is unavoidably the mo-
ment of terror and confusion. The mind,
highly agitated by hope, suspicion, and ap-
prehension, continues without rest till the
change be accomplished. But let us now
look calmly and confidently furward, and suc-
cess is certain. It is no longer the paltry
cause of kings, or of this, or of that indivi-
dual, that culls France and her armies into
action. 1 1 is the great cause of a ll. It is the
establishment of a new a;ra, that shall blot des-
potism from the earth, and fix, on the lasting
principles of peace and citizenship, the great
republic of man.
'< It lias been my fate to have borne a share
in the commencement and complete esta-
blishment of one revolution (I meafl the revo-
lution of America). The success and events
of that revolution are encouraging to us. The
orosperity and happiness that have since
flowed to that country, have amply rewarded
her for all the hardships she endured, and for
all the dangers she encountered.
** The principles on which that revolution
began, have extended themselves to Europe ;
ana an over-ruling Providence is re^nerating
the Old World by the principles ot the New.
The distance of America from all the other
parts of the globe, did not admit of her cvry-
ing those principles bevond her own situation.
It is to toe peculiar honour of Fnmce. that
she now nwM the steadiud of lihflrtjWiU
nations; and in fightbiK lier own batllesy
contends for the rights ofall mankind.
** The same spirit of fortitude that insured
success to America, will insure it to France,
for it is impossible to conquer a nation deter-
mined to be free I Tbe military circumstancee
that now unite themselves to France, are such
as the despots of the earth know nothing of,
and can form no calculation upon lliey
know not what it is to fight against a nation.
They have only been acaistemed to make war
upon each otlier, and they know from system
and practice, how to calculate the pmbable
success of despot against despot; and here
their knowledge and their experience ends.
'< But in a contest like the' present, a new
and boundless variety of circumsttmees arises,
that deranges all such customary calculations.
When a whole natif>n acts as an army, the
despot knows not the extent of the power
against which he contends. New armies rise
against him with the necessity of the munientr
It is then that the difficulties of an Invading^
enemy multiply, as in the former case they
diminished ; and he finds them at their height
when he expected them to end
" The only war that has any similarity of
circumstances with the present, is the bte
revolution-war in America. On her part, as
it now is in France, it was a war of the whole
nation. — There it was that the enemy, by be«
ginning to conquer, put himself in a conditioa
of being conquered. His first victories pre-
pared him for defeat. He advanced till he
could not retreat, and found himself in the
midst of a nation of armies.
« Were it now to be proposed to the Aiis-
trians and Prussians to escort them into the
middle of France, and there leave them ta
make the mo^^t of such a situation, they
would see too much into the danger of it to
accept the oft'er, and the same danger^i would
attend them could they arrive there by any
other means. Where then is the military
policy of their attempting to obtain by force^
that which they would refuse by choire > But
to reason with despots is throwing reason
away. The best of arguments is a vigorous
preparation.
" Man is ever a stranger to the ways by
whicl> Providence regulates the order of
things. The interference of foreign despots
may serve to introduce into their own enslaved
countries the principles they come to oppose.
Liberty and equality are blessings too great to
be the inheritance of France alone. It is ho-
nour to her to be their first champion ; and
she may now say to her enemies, with a
mighty voice, * O ! ye Austrians, ye Prus-
' sians ! ye who now turn your liayonets
^ against us ; it is for all Europe ; it is for all
' mankind, and not for France alone, that sh*
' raises the standard of Liberty and Equality.'
''The public cause has hitherto sufiiBied
from the contradictions contained in the
stitutkni of the (brmer Consutuent Assemb^.
Those GOBtmiiictMiii ta»Te aenred to draw
497]
Jar High Treason.
A. D. 1794.
[498
tk^ opinions of individuals at home, and to
objure tbc great principles of the revolution
in other countries. But when those contra-
dictions shall be removed, and the constitu-
tion l« made conformable to the declaration
pTriehts ; wiicn the bagatelles of monarchy,
royalty, regen<^, and hereditary succession,
fihall be exposed, with all their absurdities, a
sew ray of light will be thrown over Uie
world, and tlie revolution will derive new
strength by being universally uuderstood.
*' The scene tliat now opens itself to Trance
extends fax beyond tlie boundaries o( her own
dominions. Every nation is becoming her
colleague, and every C4)urt is become her
enemy. It is now the cause of all nations
ftgynst the cause of all courts. The terror
tbat despotism felt, clandestinely begot a con-
iederatiun of despots ; and their attack upon
France was |)roduced by tlieir fears at home.
" In entering on tliis great scene, greater
than any nation has yet been called to act in,
lat us ^y to the agitated mind, be calm. I^t
us punish by instructing, rather thau by re-
venge. Let us begin the new a'ra by a great-
ness of friendship, and hail the approach of
union and success. Your fellow citizen,
" TuoMAS Paine."
Thomas Chapman sworn. — Examined by
Mr. Garrow.
Wh&t are you by business ?— A bookseller.
Were you acquainted with Mr. Thomas
ftune ? — I was.
Did vou^t any time print any book fur him?
—I dia.
What was it ?— A work intituled Rights of
Han.
Did you print one or two parts of that
node ? — I prmted the first part and part of the
Mcood.
Was it at tJie earlier part of the second part
Myou call it, or the latter part ? — ^Thc earlier
You did not finish it ? — I did not.
Look at these two books, and tell roe whe-
ther you t)elieve these to be copies printed by
70u?^-I nrinted the first part entirely.
How far did yuu proceed in priutii's; the
second part ? — I thiuk I printed as iar as Tetter
K, that is, I fiuibhcd what we call the letter
or lignaturc of sheet I, which includes the
128th page; the larger edition, 1 hud the
copy of almost the whole of the remaining
put, and my people had composed it, or set
U up io the type, but I did not conclude it.
What did you do with that part you did not
finish? — Keturneil it into the hands of Mr.
yuat by a servant ui' mine.
After the book was completed, did you ever
converse with Mr. Paine about it? — I do not
think I saw Mr. Paine upon the business after
the work was quite finbhed.
fXlie following passages were read from
ttsJmtpart of the •* Rights of Man."]
(B%B 579 B^^* ^^ 9HI^ ^f lS">o editions.)
vm^ XXIV.
— <' Can then Mr. Burke produce the English
constitution? If he cannot, we may iairlv
conclude, that though it has been so mucli
talked about, no sudi thing as a constitution
exists, or ever did exist, and consequently
that the people have yet a coublltution to
form.'*
(Page 59, 8vo. and page 25, 15mo. edi-
tions.)— *' A government on the principles on
which constitutional governments arisuig out
of society are established, cannot have tlie
right of altering itself. If it had, it would be
I arbitrary. It might make itself what it
I pleased ; and wherever such a right is set up,
I It shows there is no constitution. The act by
which the Englisli parliament empowered
itself to sit seven years, shows there is no
constitution in England. It might, by the
same self-authority, have sat any greater
number of years, or for life. The Bill which
the present Mr. Pitt brought into parhament
some years ago, to reform parliament, was on
the same erroneous principle. The right of
reform is in the nation in its original charac-
ter, and the coustituUonal method would be
by a general convention elected for the pur-
pose." There is, moreover, a paradox in the
idea of vitiated bodies refonoing themselves."
(Page 63, 8vo. and '27, 12mo. editions.)—
" Mucli is to be learned from the French con-
stitution. Conquest and tyranny transplanted
themselves with William the Conqueror from
Normandy into England, and the country is
yet disfigured with the marks. May tlien the
example of all France contribute to regene-
rate ttie freedom which a province of it de-
stroyed !''
(Page 161, avo. and page 74, 12mo. edi-
tions.y— "The two modes of government
which prevail in the world, are, first, govern-
ment by election and representation : secondly,
government by hcrrtlitary succession. The
former is generally known by the name of
republic ; the latter by that of monarchy and
aristocnicy.
" Those two distinct and opposite forms,
erect tliemselves on the two distinct and op-
posite bases of reason and ignorance. — As the
exercise of government requires talents and
abilities, and as talents and abilities cannot
have hereditary descent, it is evident tljat
hereditary succession requires a helief from
man, to which his reason cannot subscribe,
and which can only be establibhed u\Hin his
ignorance ; and the more ignorant any country
is, the hotter it is fitted for this species of
government.'*
(Page 16:), «vo. and page 76, 12mo edi-
tions.)—" From the revolutions of America
and France, and the symptoms that have
appeared in other countries, it is evident that
the opinion of the world is changed with
respect to systcmis of government, and tliat.
revolutions are not witliin the compass of
political calculations. The progress of time
and cirrumstan«e'>, which men assign to the
accomplishment of great changes, is too
2 K
499]
35 GEORGE III.
mechanical to measure the force of the mind,
and the rapidity of reflecliou, by which revolu-
tions arc generated : all the old governments
have received a shock from those that already
appear, and which were once more improbable,
and are a greater subject of wonder, than a
general revolution in Europe would he now.
" When we survey the wretched condition
of man under the monarchical and hereditary
systems of government, dragged from his
home by one power, or driven by another, and
impoverished by taxes more than by enemies,
it becomes evident that those systems are bad,
and that a general revolution in the principle
and construction of governments is necessary.
" What is government more than the man-
agement of theaAairs of a nation? It is not,
and from its nature cannot be, the properly of
any particular man or family, but of the
whole community, at whose expense it is
supported ; and tliough by force or contrivance
it has been usurped mto an inheritance, the
usurpation cannot alter the right of things.
Sovereignty, as a matter of righ^ appertains to
the nation only, and not to any individual ;
and a nation has at all times an inherent in-
defeasible right to abolish any form of govern-
ment it find« inei^nvenient, and establish such
as accords with its interest, disposition, and
happiness. The romantic and barbarous dis-
tinction of men into kings and subjects, tliough
it may suit the condition of courtiers, cannot
thai of citizens ; and is exploded by the prin-
ciple upon which governments are now
founded. Every citizen is a member of the
sovereignty, and, as such, can acknowledge no
personal subjection ; and his obedience can be
only to the laws.
** When men think of what government is,
they must necessarily suppose it to possess a
knowledge of all the objects and matters upon
vrhicli its authority is to be exercised. In this
view of government, the rciuiblican system, as
established bv America and France, operates
to embrace tlic whole of a nation ; and the
knowledge ncccssarj- to the interest of all the
parts, is to be found in the centre, which the
parts by representation form: but the old
governments are on a construction that ex-
cludes knowledge as well as happiness ; go-
vernment by monks, who know nothing of
the world beyond the walls of a convent, is as
consistent as government by kings.
" What were formerly called revolutions,
were little more than a change of persons, or
an alteration of local circumstances. They
rose and fell like things of course, and had
nothing in their existence or their fate that
could infltience beyond the spot that produced
tlicni. Hut what we now see in the world,
from the revolutions of America and France,
is a renovation of the natural order of things,
a system of princi]>lcs as universal as truth
and the existence of man, and combining
moral with political happiness and natioDU
prosperity.
<' 1. Men are born und aimgfseoiilHiiii^
Trial of Thomas Hardy [500
and equal in respect of their rig%tt. Civil
distinctiontf therefore, can be founded only a^
public utility,
" 2. The end of all political auodations U
the preservation of the natural and impretcrip*
tibte rights of man ; and these rights are liber ty,
property, security, and resistance of oppresiion,-
** 3. The nation is essentially the source of all
sovereignty ; nor can an^ individual, or any
BODY OF MEN, bc entitled to any authority wlUck
is not expressly defivedfrom it**
(Page 171, 8vo. and page 78, 12mo. edi-
tions.^-" As it is not difhcult to perceive,
from the enlightened state of mankind, that
hereditary governments arc verging to their
decline, and that revolutions on the brrad
basis of national sovereignty, and eovemment
by representation, are making their way in
Europe, it would be an act of wisdom to anti-
cipate their approach, and produce revolutions
by reason and accommodation, rather than
commit them to the issue of convulsions.
*' From what we now see, nothing of reform
in the ix>litical world ought to be held impro-
bable. It is an age of revolutions, in which
every thine may be looked for. The intrigue
of courts, by which the system of war is kept
up, may provoke a confederation of nations to
abolish it: and an European congress, to
patronize the pron^ress of free government, and
promote the civilization of nations with each
other, is an event nearer in probability, than
once were the revolutions and alhance of
France and America."
[The following passages were read from the
Second I'art of the " llighU of Man."]
(Page 21, 8vo. edition.) — "All hereditary
government is, in its nature, tyranny. — An
neritable crown, or an heritable throne, or by
what other fanciful name such things may be
called, have no other significant explanation
than that mankind are heritable property.
To inherit a government is to inherit U»e
people, as if they were flocks and herds."
(Page 27, 8vo. edition.) — " How irrational
then is the hereditary system, which establishes
channels of power, in company with which
wisdom refuses to flow. — By continuing this
absurdity, man is perpetually in contraciiction
with himself; he accepts, for a king, or a chief
magistrate, or a legislator, a pcrsoii whom he
would not elect for a constable.*'
(Page 47, Hvo. edition.) — ^'^ This convention
met at Philadelphia, in May, 1787, of which
General Washington was elected president,
lie was not, at that time, connected with any
of tlie state governments, or with congress,
lie delivered up his commission when the
war ended, and since tlieu had lived a iirivate
citizen.
^ The convention went deepljr into all the
subjects; and having, after avanetr Qld'^^^
andinvestisatiop •■*-
upontlv
501]
Jbr High Treason.
** For this purpose they did not, like a cabal
of courtiers, sena for a Dutch stadtholder, or a
German elector ; but they referred the whole
matter to the sense and interest of the country.
** They first directed, that the proposed
constitution should be published. Secondly,
that each state should elect a convention,
expressly for the purpose of taking it into
consideration, and of ratifying or rejecting it ;
and tbat as soon as the approbation and ratifi-
cation of any nine states should be given, that
those states should proceed to the election of
their proportion of members to the new federal
fiovernment, and that the operation of it
SDOuld then begin, and the former federal
government cease."
(Paee 52, 8vo. edition.)—" The history of
the £awards and the Henries, and up to the
commencement of the Stuarts, exhibits as
many instances of tyranny as could be acted
withm the limits to which the nation had
restricted it. The Stuarts endeavoured to
ri those limits, and their fate is well known,
all those instances,* wp see nothing of a
constitution, but only of restrictions, or as-
mmedpower.
^ Alter this another William, descended
from the same stock, and claiming from the
mmt origin, gained possession ; and, of the
two evils, James and William, the nation pre-
fened what it thought the least; since, irom
dmimstances, it must take one. The act,
called the Bill of Rights, comes here into
liew. What is it but a bargain, which the
parts of the government made with each
other, to divide powers, profits, and privileges:
jou uiall have so much, and 1 will have the
lest; and, with respect to the nation, it said,
for your ihare, YOU shall have the right of
Ktkuming. This being the case, the Bill of
Ri^ts is, more properly, a bill of wrongs, and
of insult As to what is called the convention
farliament, it was a thin<; that made itself,
nd then made the authority by which it
icted. A few persons got together, and called
themselves by that name. Several of them
hul never been elected, and none of them for
tbe purpose.
"From the time of William a species of
gvemment arose, issuing out of this coalition
U of Rights ; and more so, since the corrup-
tion introduced at the Hanover succession, by
the agency of Walpole; that can be described
1^ DO other name than a despotic legislation.
11iOU£h the parts may embarrass each other,
the whole has no bounds ; and the only right
it acknowledges, out of itself, is the right of
petitioning. Where then is the constitution,
either that gives, or that restrains power ?
" It is not because a part of tlie government
bdective, that makes it less a dopotism, if
*• venons 80 elected possess afterward, as a
icnty unlimited powers. Election, in
**eoomea leparated from reprcsenta-
i candioaies are candidates for
:l|iit aiqr nation, reason-
A. D. 1794. [509
ins on its own rights, would have thought of
calling those things a contliiution, if tt>c cry
of constitution hs^ not been set up by the
government."
(Page 63, 8vo. edition— a note.)-^« • With
respect to the two houses of which the English
parliament is composed, they appear to be
eflPectually influenced into one; and, as a
legislature, to have no temper of its own.
The minister, whoever he at any time may be,
touches it as with an opium wand, and it
sleeps obedience.
'' But if we look at the distinct abilities of
the two houses, the difference will appear so
great, as to shew the inconsistency oi placing
power where there can be no certainly of the
judgment to use it. W^retched as the stale of
representation is in England, it is manhood
compared with what is called the House of
Lords ; and so little is this nick-named house
regarded, that the people scarcely inquire, at
any time, what it is doing. It appears also to
be most under influence, and the furthest
removed from the general interest of the na-
tion. In the debate on engaging in the
Russian and Turkish war, the majority in the
House of Peers, in favour of it, was upwards of
ninety ; when in the other house, which is
more than double its numbers, the majority
was sixty-three."
(Page 65, 8vo. edition.) — " But in whatever
manner the separate parts of a constitution
mav be arranged, there is one eeneral prin-
ciple that distinsuishes freedom from slavery,
which b, that all hereditary governtnent over
a people is to them a species of ^slavery ^ and
representative government is/reedom,\
(Page 107, 8vo. edition.)—" Having thus
danced at some of the defects of the two
nouses of parliament, I proceed to what is
called the crown, upon which I shall he very
concise.
" It signifies a nominal office of a million
sterling a year, the business of which consists
in receiving the money. — Whether the person
be wise or foolish, sane or insane, a native or
a foreigner, matters not. Every ministry acts
upon tlie same irlea that Mr. Burke writes ;
namely, that the people must be hood-winked,
and held in superstitious ignorance by some
bugbear or other; and wnat is called the
crown answers this purpose, and therefore it
answers all the purposes to be expected from
it. This is more than can be said of the other
two branches."
Mr. Erskine,-^! desire the preface to bo
read.
Mr. Attorney Gc/i<rra/.— Read the dedica-
tion first, and then the preface.
Mr. Erskine.-^You may read the whole
book, if you please.
[The Dedication and Preface read.]
« To M. Dc La Fayette.
" After an acquaintance of nearly' fifteen
years, m dilUcult situations in America, and
various consultations in Europey I feel a ^ka
SOS]
S5 GfiOUGE 111.
sure in presenting to you this small treatise,
in gratitude for your services to my beloved
America, and as a testimony of my esteem
for the virtues, public and private, which I
know vou to possess.
" The only point upon which I could ever
discover that we differed, was not as to prin-
ciples of government, but as to time. For
my own part, I think it equally as injurious
to good principles to permit them to linger, as
to push them on too fast. That Which you
suppose accomplishable in fourteen or fifteen
years, I may believe practicable in a much
shorter period. Mankmd, as it appears to
me, are always ripe enough to undrrstand
their true interest, provided it be presented
clearly to their understanding, and that in a
manner not to create suspicion by any thing
like self-design, nor offend bv assuming too
much. Where we would wish to reform we
must not reproach.
" When the American revolution was esta-
blisheil, I felt a disposition to sit serenely
down and enjoy the calm. It did not appear
to me that any object could afterwards arise
great enough to make me quit tranquillity,
and feel as 1 had felt before. But when prin-
ciple, and not place, is the energetic cause of
action, a man, I find, is every where the same.
" I am now once more in the public world ;
and as I have not a riijht to contemplate on
to many vears of remaining life as you have,
I am resolved to labour as fast as I can ; and
as I am anxious for your aid and your com-
pany, I wish you to hasten your principles and
overtake me.
" If you make a campaign the ensuing
spring, which it is most probable there will be
no occasion for, I will come and join you.
Should the campaign commence, 1 hope it
will terminate in the extinction of German
despotism, and in eslabli«ihing the freedom of
all Germany. When France shall be sur-
rounded with revolutions, she will be in peace
and safety, and her taxes, as well as those of
Germany, will consequently become less.
Your sincere, aflTectionutc friend,
" TuoMAS Paine."
*< London, Feb. 9, 1792."
" Preface.
" When I began the chapter intituled the
•' Conclusion'* m the former part of the
RIGHTS OF MAN, published last year, it
was my intention to have extended it to a
greater length ; but in casting the whole
matter in my mind which I wished to add, I
I found that 1 must either make the work too
bulky, or contract my plan too much. I
therefore brought it to a close as soon as the
subject would admit, and reserved what I had
further to say to another opportunity.
" Several other reasons contributed to pro-
duce this determination. I wished to know
the manner In which a work, written in a
style of thinkiiig and eiprcssion difTerent to
^'' 'd been customary in England, would
Trial of Thomas Hardy {5^
be received before I ventared farther. A
freat field was opening to the view of man-
ind by means of the Freneh Revolutkm.
Mr. Burke's outrageous opposition thereto
brousht the controversy into England. He
attacked principles which he knew (from in-
formation) I would contest with him, became
they are principles I believe to be ^ood, and
which I nave contributed to establish, and
conceive myself bound to defend. lAaA he
not ur^ed the controversy, I bad most pro-
bably been a silent man.
" Another reason for deferring the re-
mainder of the work wa<, that Mr. Burke
promised in his finrt publication to renew the
subject at another opportunity, and to make a
' comparison of what he called the English and
French constitutions. I therefore held myself
i in reserve for him. He has published two
works since, without doing this ; which he
certainly would not have omitted, had the
comparison been in hii favour.
** In his last work,^" HU Appeal from the
* New to the Old li^ig's,' he has quoted about
ten pai;es from the Rights of MaH,2in6 having
given himself the trouble of doing t!iis, says,
he shall not attempt in the smallest degree to
refute them, meaning the principles therehk
containefl. I am enough acquainted with
Mr. Burke to know, that he would if he coirid.
But instead of contesting them, he imme-
diately after c<msoles himself with saying,
that *'he has done his part.'— lie has not done
his part— He has not performed his promise
of a comparison of constitutions. He started
the controversy, he gave the challenge, and
has fle«l from it; and he is now a case in
point with his own opinion, that, * the age of
* chivahy ix fione .'*
I " The title, as well as the substance of his
' last work, his * Appeal/ is his condemnation.
Principles mu^t stand on their own merits,
'■■ and if they are gDod they certainly will. To
put them "under the shelter of other men's
authority, as Mr. Burke has done, serves to
bring them into suspicion. Mr. Burke is
not very fond of dividrnj: his honours, but in
this case he is arirully dividing the disgrace,
liut who are those to whom Mr. Burke has
made his appeal r A set of childish thiukers
and halt-way politicians bom in the last
century ; men who went no farther with any
principle than as it suited their purpose as a
party ; the nation was always left out of the
c(ucstion ; and this has been the charatter of
evcrj' party from that day to this. The nation
sees nothing in such works, or such politics
worthy its attention. A little matter will
move a party, but it must be something great
that n»oves a nation.
** Though I see nothing in Mr. Burke'i
^ Appeal worth taking niuch notice of, there is,
however, one expression upon which I shall
offer a few remarks. — ^After quoting largely
fVom tlie Rights of Jlfdii, and decntimg to
contest the principles contained in that work,
Re says, ' This infl most probably be done
505]
for High Treason*
' (if inch ariiingi tkall be thought to deserve
* any other refutntion than that of criminal jwh
* tke) by others who may think with Mr.
' Burke, and with the same zeal/
''In the first place, it has not yet been done
by any body. Not less, I believe, than eight
or ten pamphlets intended as answers to tne
former part of the ^ Rights of Man* have been
published by different persons, and not one of
them, to my knowleage, has C3(tended to a
second edition, nor are even the titles of them
so much as generally remembered. As I am
averse to unnecessarily multiplying publica-
tions, I have answered none of them. And
as I beKere that a man may write himself out
of reputation when nobody else can do it, I
am careful to avoid that rock.
" Bui as I would decline unnecessary publi-
cations on the one hand, so woukl I avoidf every
thing that might appear like sullen pride on the
other. If Mr. Birrice, or any person on his side
the question, will produce an answer to the
' Rights of Man,' that shall extend to an half, or
even to a fourth part of the number of copies
to which the Riehts of Man extended, I will
reply to his work. Bnt until this be done, I
shall so far take the sense of the public for
mj guide (and the world knows I am not a
flatterer) that what they do not think worth
while to read, is not worth mine to answer. I
suppose the number of copies to which the
first part of the Riphtt of Man extended,
taking England, Scotland,'and Ireland, is not
lesstfian l^tween forty and fifty thousand.
*■ I now come to remark on the remaining
part of the quotation I have made from Mr.
" * If,' says he, * such writings shall be
* thought to deserve any other remtation tlian
' that of crimi/ia/ justice.''
•' Pardoning the nun, it must be criminal
justice indeed that snauld condemn a work as
t substitute for not bein^ able to refute it.
The matcst condemnation that could be
passer! upon it would be a refutation. But
•in proceeding by the methoil Mr. Burke
alhides to, the condemnation would, in the
final event, pass upon the criminulitv of the
process and not upon the w*ork, and in this
case, I had rather be the author, th;in be
either the judge, or the jury, that should con-
demn it.
** But to come at once to the point. I have
(!iffered from some professional Eenllemcn on |
the subject of prosecutions, and I since find
they are fallinc; into my opinion, whicli I will
here state as fully, hutas concisely as I can.
** 1 will firht jnit a case with respect to any
law, ami then compare it with a government,
or with what in Kngland is, or has been called
a constitution.
" It would be an act of despotism, or whiit
in Enghind is called arbitrary powr r, to makp
a law to prohibit investi^ting the principles,
good or bad, on which such a law, or any other
n founded.
" If a law be bad, it is one thing to oppose
A. D. l?9i. r.5^
the practice of it, but it is quite a different
thing to expose its errors, to reason on it»
defects, and to show cause why it should be
repealed, or why another ought to be substi^
tuted in its place. I have always held it an
opinion (making it also my practice) that it is
better to obey a bad law," making use at the
satnc time of every argument to show its
errors and procure its repeal, than forcibly to
violate it; oecau^e the precedent of breaking
a bad law might weaken the force, and lead
to a discretionary violation, of those which
are good.
'' The case is the same with respect to prin->
ciples and forms of government, or to what
are called constitutions and the parts of which
they are composed.
" It is for the good of nations^ and not for
the emolument or aggrandizement of par-
ticular individuals, that government oughf f6
he established, and that mankind are at the
eTpence of supporting it. Tlie defects of
every covcrnmcnt and constitution, both a»t6
principle and form must, on a parity of rea-
soning, be as open to discussion as the defects
of a law, and it is a duty which every man
owes to society to point them out. When
those defects, and the means of remedying
them are generally seen by a nation, that
nation wilfreform its government or its con-
stitution in the one case, as the government
repealed or reformed the law in the other.
The operation of government is restricted to
the making and the administering of laws ;
hut it is to a nation that the right of forming
or reforming, generating or regenerating coft*
stitutions and governments belong ; and con-
sequently those subjects, as subjects of in-
vestigation, are always before a country as a
matter ofri^ht. and cannot, without invading
the general rights of that cotmtry, be made
stibjects for prosecution. On this ground I
will meet Mr. Burke whenever he please. It
is better that the whole argument should come
out, than to seek to stifle it. It was himself
that opened the controversy, and he ought
not t<» fle>ert it.
" I do not believe that monarchy and aris-
torrary will continue seven years longer in
«nyoflhc enlightened cout^tries in Europe.
If better reasons can be shown for them than
a;::iinst thcin, they will stand ; if the con-
trary, they will not. Mankind arc not now
to lie told they shall not think, or they shall
not read ; and publications that go no farther
than to investigate principles of government,
to invite men to reason and to rellect, and to
shew the errors and excellencies of different
systems, have a right to appear. If they do
not excite attention, they are not worth the
trotible of a prosecution; and if they do, the
prosecution will amount to nothing, since it
cannot amount to a prohibition of reading.
This would be a sentence on the public, in-
stead of the author, and would also be the
most effectual mode of making or liastefiing
revolutions.
607]
35 GEORGE lU.
Trial of Thomas Hardy
[508
^ On al] cases that apply universally to a
nation, with respect to systems of government,
a jury of twelve men is not competent to de-
cide. Where there are no witnesses to be ex-
amined, no facts to be proved, and where the
whole matter is before the whole public, and
the merits or demerits of it resting on their
opinion ; and where tiiere is nothmg to be
known in a court, but what every body knows
out of it, every twelve men is equally as good
a jury as the other, and would most probably
reverse each other's verdict; or fipom the va-
riety of their opinions, not be able to form one.
It is one case, whether the nation approve a
work, or a plan ; but is quite another case,
whether it will commit to anv such jury the
power of detcnniniDc whether that nation
nave a right to, or shaO reform its government
or not. I mention those cases, that Mr.
Burke may see I have not written on govern-
ment without reflecting on what is law, as
well as on what are rights. — The only eflPectual
jury in such cases would be, a convention of
the whole nation fairly elected ; for in all such
cases the whole nation is the vicinage. If
Mr. Burke will propose such a jury, I will
wave all privileges of being the citizen of
another country, and, defendmc; its principles,
abide the issue, provided he will do the same ;
for my opinion is, that his work and his prin-
ciples would be condemned instead of mine.
'^As to the prejudices which men have
from education and habit, in favour of any
particular form or system of government, those
preiudices have yet to stand the test of reason
and reflection. In fact, such prejudices arc no-
thing. No man is prejudiced in favour of a
thing, knowing it to be wrong. He is at-
tached to it on the belief of its being right;
and when he sees it is not so, the prejudice
will be gone. We have but a defective idea
of what prejudice is. It misht be said, that
until men think for themselves the whole is
prejudice, and not opinion ; for that only is
opinion which is the result of reason and re-
flection. I offer this remark, that Mr Burke
may not confide too much in what has been
the customarv prejudices of the country.
'* I do not Relieve that the people of Eng-
land have ever been fairly and candidly desut
by. They have been imposed upon by parties,
and by men assuming the character uf lead-
ers. It is time that the nation should rise
above those trifles. It is time to dismiss that
inattention which has so long been the en-
couraging cause of stretchiug taxation to ex-
cess. It is time to dismiss all those songs
and toasts which arc calculated to enslave,
and operate to suffocate reflection. On all
such subiects men have but to think, and they
will neither act wrong nor be misled. To say
that any people are not fit for freedom, is to
make poverty their choice, and to say they
had rather be loaded with taxes than not. If
such a case could be proved, it would equally
prove, that those who govern are not nt to
govern them, for they arc a part of the same
national mass.
" But admitting governments to be changed
all over Europe ; it certainly may be done
without convulsion or revenze. It is not
worth making changes or revolutions^ unless
it be for some great national benefit; and
when this shall appear to a nation, the danger
will be, as in America and France, to those
who oppose ; and with this reflection I close
my preface.
"Thomas Painb.'
« London, Feb. 9, 1792."
Mr. Ctarrow.-^l liad dismissed this book,
but the reading of the preface has reminded
me of some passages I nad overlooked.
[The following passages were read.]
(Page J61.8VO. edition.)— "The fraud hy-
pocrisy, and imposition of governments are
now beginning to be too well understood to
promise them any long career. The farce of
monarchy and aristocracy, in all countries is
following that of chivalrv, and Bf r. Burke is
dressing for the fimerai. Let it tlien pass
quietly to the tomb of all olher follies and the
mourners be comforted.
" The time is not vety distant when £ng«
land will laugh at itself for sending to Holland
Hanover, ZeD, or Brunswick for men, at the
expense of a million a year, who understood
neither her laws, her langjuage, nor her in*
terest, and whose capacities would scarcely
have fitted them for the office of a parish con-
stable. If government could be trusted to
such hands, it must be some easy and simple
thing indeed, and materials fit for all tlie pur-
poses may be found in every town and village
in England.''
(Page 161, 8vo. edition.)— " Within tlie
space of a few years we have seen two revolu-
tions, those of America and France. In the
former, the contest was long, and the conflict
severe ; in the latter, the nation acted with
such a consolidated impulse, that having no
foreign enemy to contend with, the revolution
was complete in power the moment it ap-.
peared. From both those instances it is evi-
dent, that the greatest forces that can be
brought into the Bold of revolutions, are rea-
son and common interest. Where these can
have the opportunity of acting, oppof^ition dies
with fear, or crumbles away by conviction. It
is a great standing which they have now imi-
versally obtained; and we may hereafter liopc
to see revolutions, or changes* in governments
produced witli the same quiet operation by
which any measure, determinable by reason
and discussion, is accomplished.
"When a nation changes its opinion and
habits of tliinking, it is no longer to be go-
verned as before ; but it would not only be
wrong, but bad policy, to attempt by force
what ought to be accomplished oy reason.
Rebellion consists in forcibly opposing the
general will of a nation whetner oy a party
or by a government. There ought, therefore,
to he in every nation a method ofoccasJopaDy
BOB]
Jbr High Treason.
ucertaiiung the state of public opinion with
leipect to government On this point the old
goi^ernment of France was superior to the pre-
teot eovemnient of England, because, on ex-
tnoroinary occasions, recourse could be had
to what was then called the States-general.
Bnt in England Hhere are no such occasional
bodies ; and as to those who are now called
representatives, a great part of them are mere
mtehines of the court, placemen, and depen-
([Page 170, 8vo. edition— a note.) — " I know
it is the opinion of many of the most enlight-
ened characters in France, (there always will
be those who see farther into events than
others) not onl v among the general mass of
citizens but of many of the principal mem-
bers of the former National Assembly,
that the monarchical plan will not continue
muiy years in that rountry. They have found
out, that as wisdom cannot be made hereditary,
power ou^ht not; and that, for a man to
merit a million sterling a year from a nation,
he ought to have a mind capable of compre-
heoding from an atom to a universe ; which,
if he had, he would be above receiving the
pay. But they wished not to appear to lead
the nation faster than its own reason and in-
terest dictated. In all the conversations where
I have been present upon this subject, the
idea always wa:$,that when such a time, from
the general opinion of the nation, shall arrive,
that the honourable and liberal method would
be, to m^ke a handsome present, in fee sim-
ple, to the person, whoever he may be, that
ibill then be in the monarchical office, and
for him to retire to the enjoyment of private
Tife, possessing his share of general rights and
privileges, and to be no more accountable
U) the public for his time and his conduct than
my other citizen.*'
Mr. Garrow. — I shall now return to the
proceedings of the Constitutional Society ; read
•n entry at a meeting of the 5th of October,
[It was read.]
" At a meeting of the society held at the
Ciown and A nchor- tavern, Strand, on Friday,
October 6th, 1792.
« Mr. J. F. Tuffin in the chair.
"Mr.J. H. Tooke, Mr. Sharpc, Mr. Sturch,
Dr. Maxwell, Mr. Bonny, Mr. John Martin,
Mr, Symontls, Mr. Joyce, Mr. Chatfield,
BIr.Walford, Mr. Balmauno, Mr. Walsh,
Dr. Edwards, Mr. J. Adams, Mr. J. Wil-
liams, Mr. Hardy, Mr. Sinclair.
"Ordered, That the letter from the London
Cotresponding Society, entered on the minutes
of the last meeting, together with the resolu-
tion of the society thereon, be published in the
newspapers.
" Bead the following letter from Mr. Joel
Btilow, to the Society for Constitutional In-
famaliony liondon :
A. D. 1794w [510
^'Gentlemen;— I have just published a
small treatise, in a letter to the National
Convention of France, on the defects of the
constitution of 1701, and the extent of the
amendments which ou^ht to be applied. As
the true principles of government are the
same in all countries, bemg founded on the
Rights of Man, which are universal and im-
prescriptible, I conceive the subject of this
treatise cannot be foreign to the great object
of your association, of which you have ^ne
me the fat our to make me an honorary mem-
ber ; I, therefore, present a copy of it to you^
with the same confidence that I have done to
the National Convention, a confidence arisine
from a full conviction that the work is
founded in truth and reason, although these
principles seem not so immediately reducible
to practice in the government of this country
as m that of France, yet Uieir examination,
can never be unseasonable.
" A great revolution in the management of
the afiairs of nations, is, doubtless, soon to be
expected through all Europe ; and, in the pro-
gress of mankind towards this attainment, it
IS greatly to be desired that the convictions to
be acauired from rational discussion, should
precede and preclude those which must result
from physical exertion.
" Such is certainly the ardent wish of your
friend and adopted brother.
(Signed) •' Joel Bablow.*'
" London, October 4, 1792."
" Resolved, That the said letter be taken
into consideration at the next meeting."
Mr. Garrow. — We will read the thanks vo-
ted to Mr. Barlow for this letter at the next
meeting of the society, which was on the 12th
of October.
[The entry read.]
'< Ata meetingof tlie society held at the
Crown and Anchor tavern. Strand, Fridayj^
12th October, 1792,
" PRESENT
** Mr. Bush in the chair:
"Mr. J. 11. Tooke, Mr. Bonncy, Mr. W.
Sharpc, Mr. Symonds, Mr. J. Martin^
Mr. Moore, Mr. Merr}-, Mr. Williams, Mr,
Sturch, Mr. Banks, Mr. llolcroft, Mr. G«
Williams, Mr. Bailey, Mr. Tuffin, Mr,
Satchell, Mr. Watts, Mr. Kutt, Mr. Hull,
Mr. Joyce, Mr. Littlejohn, Mr. Balmanno,
Mr. Asphial,Mr. Hardy, Mr. Walford, Mr.
Richter, Dr. Maxwell, Mr. M. Pearson.
" Read Mr. Joel Barlow's letter to the Na^
tional Convention of France, on the defects in
the constitution of 1791, and the extent of the
amendments which ought to be applied.
" Resolved, That Mr. Sturch be requested
to draw up an answer to the letter of Mr. Bar-
low read at the last meeting, expressing how
much pride this society feel at having elected
him an honorary n^etnbcr."
«II] 35 GEORGE m.
Mr. Joteph JoAnson.'Examined by
Mr. G arrow,
I believe you are a bookseller in St Paul's
Churcb Yard ? — I am.
And a pnbliaher? — I am.
Be so good as look at that pamphlet which
you have in your hand, and tell me whether
that is of your publishing?— I really cannot
answer that question.
Do you know the person who appears to
he the author, Joel Barlow ? — ^Yes, I do.
It appears to be published by you, does it
Doii— It does, I published such a pamphlet.
I am not askmg you at present whether
these sheets of paper came out of your shop,
have the goodness to attend to the question,
you know Mr. Barlow you say ? — Yes, I do.
Did you publish for him at any time a
work with the title of that pamphlet.— I did.
Had you communication with him upon
the subject of that publication P-^I had.
Did you from him receive the manuscript?
•^ think I did.
Have you any doubt of it ?t- Whether he
gave it to nie or the printer I am not sure.
Who paid you for it? — The sale paid for it.
Be so good as look at it, and tell me whe-
ther you have any doubt that it was published
by you for Joel Barlow ? — I cannot recollect
the contents of pamphlets I publish.
I suppose not, you publish a good many ? —
I believe it to be that.
Have you anv doubt about it ? — I cannot
say I have any doubt about it.
You publish a great many books, and you
do not always recollect the contents — did it
happen to you to publish the Rights of Man?
Did yon sell any? — Yes.
How many copies — I do not ask you to
within a thousand, — but about how many do
you think you sold ? — I cannot tell.
Did you sell many or few ? — I cannot tell
what vou mean by many.
Di(f you sell some dozens ? — Certainly I did
^when that pamphlet was published it was
sup{>oscd not to be a lihcl, afterwards it was
proved to be one. 1 beg to ask the Court
whether I am obliged to answer that ques-
tion?
Lord Chief Justice Eyre. — It will not ex-
pose you to any hazartl to say wlietlicr you
tiappcn to know how many copies were pub-
lisned. The witness ought not to be asked
how many be published himself.
Mr. Garrow, — Do you know of your own
knowledge whether the sale of the book called
the Rights of Man was extensive or not? I
do not ask you whether you sold one yourself.
— Yes, I tliink I can say Uiat the sale was large.
Do you recollect receiving any number of
a puhlicatkm called a Letter to Mr. Dundas
from Mr. Paine?— I did not publish it
X did not ask if you published it, or .whe-
ther you distributed any cf it, .but whelber
any certain number of oopiet4U that iMihttcft-
Trial qf Thomas Hardy
[51S
lion were sent to you by any body — I will
assist your meviory, were there not wevtn
hundred sent to you?— I think there were
some sent to me and forwarded into the
country— a parcel was sent to mc to convej
to the coach, I believe.
Wliere from ?— I do not know, but I sup*
pose, from the printer's.
Do not you know of your own knowledge
by whose order they were sent, or from
whom they came?— No.
You said the sale of Mr. Barlow's Letter
paid for the expense — what quantity might
be sold? — Perhaps five or six hundredr^I
really do not know.
[Extracts read from— '^ A Letter to the Na«
tjonal Convention of France, on the De-
fects of the Constitution of 1791, and the
extent of the amendments which ought
to be applied, by Joel Barlow, esq.autSor
of Advice to Privileged Orders.*']
(From page 1, to the uiiddle of page i2.>—
'< Gentlemen the time is at last arrived when
the people of France, by resorting to their
own proper dignity, feel themselves at liberty
to exercise their unembarrassed reason, in
establishing an equal government. The
present crisis in your affairs, marked by
the assembling of a National Convention,
bears nearly the same relation to the last
four years of your history, as your whole
revolution bears to the great accumulated
mass of modem improvement; compared*
therefore, with all that is past, it is perhaps
the most interesting portion of the most im-
portant period that Europe has hitherto seen.
'^ Under this impression, and with the
deepest sense of the magnitude of the subject
which engages- your attention, I take a liberty
which no slight motives could warrant in a
stranger, the liberty of offering a few obser-
vations ou the business that lies before you.
Could I suppose, however, that any apology
were necessary for tliis intrusion, I should not
rely upon the one here mentioned, but my
intentions require no apology ; I demand to
be heard, as a right. Your cause is that of
human nature at large ; you are the represen-
tatives of mankind; and though I am not
literally one of your constituents, yet I must
be hound hy your decrees. My happiness
\yill he seriously affected by your delibera-
tions ; and in them I have an interest, which
nothing can destroy. I not only consider all
mankind as forming but one great family,
and therefore bound by a natural sjTnpatliy
to regard each other's happiness as making
part of their own; but I contemplate the
French nation at this moment as standing in
the place of the whole, you have stepped for-
ward with a gigantic stride to an enterprise
which involves the interests of every sur«
rounding nation; and what you began as
justice to yourselves, you are called upon to
finish as a duty to the human race.
*' I believe no man cherisheB a graaler
reueratlon than I have umformly done, for
519]
^r High Tfeatoih
A. D. nm.
[514
fhe National Assembly who framed that con-
sthution, which. I now presume your consti-
tnents expect you to revise:. Perhaps the
inerits of that body of men will netrer
be properly appreciated. The greatest
part ot their exertions were necessarily
spent on objects which cannot be de-
scribed; and which from their nature can
fnske uo fi^ire in history. The enormous
"Weight of abuses they had to overturn, the
quantity of prejudice with which their func-
tions called tnem to contend, as well in their
own minds as in tliose of all the European
world, the open opposition of interests, the
secret weapons ot corruption, and the un-
brkUed furv of despairing faction^these arc
rabjects which escape our common observa-
tbn, when we contemplate the labours of
that assembly. But the legacy they have
left to their country in their deliberative ca-
pacity will remain a lasting monument to
their praise; and though whne searching out
the defective parts of their work, without
losing sight of the difficulties under which it
wasTonned, we may find more occasion to
tdmire its wisdom, than to murmur at its
&ult8; yet this consideration ought not to
teer lis from the attempt.
*The great leading principle, on which
^r constitution was meant to be founded,
hike tgualitif of rights. This principle hcing
luddown with such clearness, and asserted with
tomdch dignity in the beginning of the code,
it is strange that men of clear \mdcrstandings
ihoiild fail to be charmed with the beauty of
the system which nature must have taught
them to build on that foundation. It shows
a disposition to counteract the analogy of
oaturey to see them at one moment impress-
Idj; this indelible principle on our minds and
vith the next breath declaring, that France
ihtll remain a monarchy, that it shall have a
king, hereditary, inviolable, clothed with all
the executive, and much of the legislative
power, commander in chief of all the national
mce by land and sea, having the initiative of
wir, and the power of concluding peace ; —
md above all, to hear them declare that,
'The nation will provide for the splendour of
'the throne,* granting in their legislative
opacity to that throne more than a million
iterlinz a year, from the national purse, be-
sides Uie rents of estates which arc said to
tmount to half as much more.
** We must be astonished at the paradoxical
organization of the minds of men who could
see no discordance in these i<leas, they be^in
wHh the open simplicity of a rational republic,
and immeniateW plunge into all the labyrinths
0f rovaltv ; and a great part of the constitu-
fiODal rocke is a practical attempt to reconcile
these two discordant theories It. is a perpe-
tual conflict between principle and precedent,
—between the manl v truths of nature, which
ve all must fieel, and the learned subtilties of
tfMfismen, about which we have been taught
to reason.
VOL. XXIV.
( "In reviewing the history of human opi-
nions, it is an unpleasant consideration to
remark lujw slow the mind has always been
in seizing the most interesting tniths; al-
though, when disf()vere<l, they appear to have
been the mo>t obvious. This rc.n.trk is no
. where x'erified with more circumstances of
; regret, than in the projrress «>f your ideas in
i France relative to the inutility of the kingly
I office. It was not enough that you toot
I your first stand upon the high ground of
1 natural right; where, enlightened by the sun
of reason, you mi^ht have seen the clouds of
prejudice roll far oeneath your feet, it was
not enough that you began by considering
J^ya^ty, with its well known scour^s as beinz
the cause of all your evils, that trie kings of
modern Europe are the authors of war and
misery, that their mutual intercourse is a
a>mmerce of human slaughter— that public
debts and private oppressions, with all the
degrading vices that tarnish the fare of nature,
had their origin in that species of government
which offers a premuim for wickedness, and
teaches the few to trample on the many; it
was not enough that you saw the means of a
regeneration of mankind in the system of
equal rights, and that in a wealthy and pow-
erful nation you possessed the advantage of
reducing tha*t system to immediate practice
as an example to the world, and a consolation
to human natute. AH these arguments,
with a variety of others, which your repub-
lican orators placed in the strongest point of
light, were insufficient to raise the public
mind to a proper view of the subject.
<' It seems that some of your own philoso-
phers had previously taught, that royalty was
necessary to a great nation. Montesquieu,
among his whimsical maxims about laws ana
goverument, had informed the world that a
fimited monarchy was the best possible SNstem,
and that a democracy could i^ever flourish
but in a small tract of country. How many
of your legislators believed in this doctrine ;
how many acted from temporising motives,
wishing to banish royaltv by slow degrees;
and how many were led by principles less
pardonable tlian cither, it is impossible lo
determine. Certain it is, tliat republican ideas
gained no ground upon the monarchical in
your constituting assembly, during the last
six months of their deliberations. It is like-
wise certain, that the majority of that assembly
took much pains to prevent the people from
discovering the cheat of royalty, and lo con-
tinue their ancient veneration, at least for a
whHe, in favour of certain principles in go-
vernment, which reason could not approve.
" It is remarkable, that all the perfidy of
your king, at the time of his Hight, >hould
have had so little effect in opening i lie eyes
of so enlightened a people as the Irench.
His flight, and the insulting declaration which
he le^ behind him, were sufficient not only
to give the lie to the fiction, with which
common sense has always bccu put to tho
^ L
L
blush, and to which your assembiy had at-
templed to give a sanclioii, That Kings can do
no wrong ; But ihey were s\iflicici*t to show,
at least to all who would open their eyes, that
the busine&s of government required no such
officer. There is no period, during your re vo-
lution, if Uiere is any to be found in the his*
tory of France, when businci^ went on wiih
more alacrity and good order, than during the
suspension of fhe royal functions, in the in-
terval, from the time tliat the king was
brought back to the capital, in June, till the
completion of the constitution in September,
Every thing went right in the kingdom, ex-
cept within the walls of the assembly* A
majority of that body was determined to'make
an experiment of a limited monarchy. The
exBentnent has been made. Its duration has,
incteed, been short, being less than eleven
months; but, although in some respects it
has been almost as fatal to the cause of liberty
as any system could have been within the
time, yet, in other respects, it has done more
good than all tlic reasonings of all the philo-
sophers of the age could have done in a much
longer time: it has taught ihein a new doc-
trine, which no experience can shake, and
which reason must confinrii That Kingi can
do no good,**
(Page 14 and pari of 15).—" Among the
prohabie evils resulting from the kingly olBcc,
the principal one, and indeed the only one
that need to be mentioned, is tlie chance of
its being held by 1/ u:eak or a wUkcd man*
When the office is hereditary, it is scarcely to
be expected but that this should always be the
case. Considering the birth and education of
princes, the cliancc of finding one with nratll-
cal common sense, is hardly to be recltoned
among possible events ; nor is the probability
Jess strong against their having virtue. The
temptations to wickedness arising from their
situation, are too powerful to be resisted. The
persuasive arts ot all their flatterers, the com-
panions of their youth, the ministers of their
pleasures, aiid every person with whom they
ever converse, arc necessarily^ employed to in-
duce Ihcm to increase ihejr revenue, by op-
pressing the people, whom they are taught from
their crudle, to consider as beasts of burthen ;
and what must almost insure the triumph of
wickedness in their tempers, is, the idea that
they act totally and for ever without restraint.
This is an allurement to %*ice, that even men
of sense could scarcely resist. Impress it on
the mind of any man, that ho can do m wrong,
and he will $oan convince you of your mis-
take.
** Take this general summary of ihc evils
arising fron» hereditary mo n arc by ^ under any
restrii tjons that c>in t' 1 " ud place ft
on one Mdc of the at; *, on the
ofi.r--^^^ ihr tnith wuitji i t - - .
«' n will hereatler t::j
2..-.; .-^.-,,> '«" '/'I ".. -..'-/ ■•■'^
liberty wili
you will (If . ^ .
part of ^our constitution
(Page S9 to 36).—'' But it will be sakT, I am
too late, with all these observations, on the
necessity of proscribing royalty from your
constitution. 1'he cause is already judged in
the minds of the whole people o( France; and
their wishes will surely be the rule of your
conduct. I suppose that, without being r«^
minded of yovjr duty by a stranger, one ofyour
first resolutions would be, to ^x a national
anathema on every vestige of regaJ power,
and endeavour to wipe out from the human
character the stain which it received with its
veneration tor kings and hereditary claims.
But it requires much reflection, to be well
aware to what extent tliis duty should carry
you. There are many vices in your constitu-
tion, which though not apparently connected
with the kingjhiwl their origin in regal ideas.
To purify the whole code from these vices,
and lo purge human nature from their effects,
it will be necessary to resort to many princi-
ples which appear not to have iUuck the
minds of the hrst assembly.
** You will permit me to hint at some of the
great outlines of what may be expected from
you under llic peculiar advantages with wlucli»
you meet to tbrm a glorious republic. AI*
though many of my ideas may be perfectly
superAuous, bein^ the same as will occur to
every member ofyour bod^v, yet it is possibU
that some of tlicm may strike the mind in
new point of light, and lead Co rcUectK
which would not rise from any other quarleft
Should this be the case in the smallest degree^
it ought to be considered, both b^ you and
me, as an ample reward fur our pams in writ-
ing and in reading this letter.
*' Go considering the subject of go vrrnmcnt^
when the mind is once set loose from the
shackles of royally, it finds itself lu a new
world : it rises to a more extensive view ef
every circumstance of the social stale. Hu-
man nature assumes anew and moreelcvatc4
shape, and displays many mo ml fe-ature*,
which, from iiaving been always disguised,
were not known to exist. In this case, it b
a long time before we acquire a habit of trac-
ing efiecls to their proper causes, and of ap-
plying the easy and simple remedy lo those
vices of our nature which society rctiuircs \i%
to restrain. Ihis, I apprehend, is the source
of by far the greatest difficulties with which
j'ou have lo contend We are so much nM)d»
m government, to the most complicnteil sys-
tems, as bcinj; necessary to f^v^j^pcul those im-
poj-itions. without which it has been ^uppr»»ed_
un possible for men to hcgoverm il
an unusual task to conceive of th^
to which the busines% of governnn *«
reduced, and to which it must be if
" ' vc it answer the purpose; ot pro-
i t CSS,
ibl^
pendagc^
-hi I
517]
fij^T High Treason.
prderrod to tbe cloak of imposition. Should
Uib be Ibe case, yoti will conceive it no Ion-
tcr necessary to maintain a naiional church.
This cstibUsnment is so manifestly an inipo-
iii ibe judgment of mankind, tljat
til' uiiog as&embl^v must have consi-
dcfed U m that Tight. It is one of those mo-
narchical ideas, which pay us the wretched
comulimeiit of supposing, that we are not
cspaolc of being ^ovi-rned by our own reason.
To suppose thiit tiic people of France are to
learn the mo<k o^ worsliipping God from the
decfees of the council of Trent, is certainly as
thwrdi a9 it woiild be to appeal to such a
council, to learn how to breathe, or to open
their eyeA. Neither is it true, as is arc;ued by
tbc advocates of thii» part of your constitution,
that the prct'ercncc there given to one mode
of worNiiip. liv the payment of the CatboUc
pr iial p\»r6e, to the exclu-
*3« ijudrd on the idea of the
pr |>us£d to have been possessed by
il^ , and which, by the assembly, was
KUrLd to be theaccfof ward the property of
I nation.
■ Tbc church, in this sense of the word,
Bifies nothitij; but «i mode of u^onhip ; and
,. ..„*i. . ......I,. ... f, i^ ., proprietor of
ic that I shall
, „.^„,| I .^ ;;„.i,u.. ;... .^.L 1-5, the church,
isiderca as an hierarchy^ was always neccs-
J to the support of royalty ; and your as-
w^M^^ with great consistency of design,
trilfailig to preserve something of the old fa-
btk^ pittKsrved something of this necessary
pfQfL But as the fabric is how overturned,
te fwop may be safely taken away. I am
coo£ifctitthHt monarchy and hierarchy will be
bunol tve, and that tn Fraqce
Ihcj 1A Ue present year."
(Wgec^ij — '" .\Jier laying down the great
filMimental principle, that all men are equal
im iktir - r: ^ * • ir ou»ht lobe the invariable
glpe^ ML i ill compact to insure the
CSJSfdt^ ^, ..,«; equality, by rendering them
m^ ^fi^ *<^ oJl ^^^* ^1 enjoyments, as can
pOMmly be consi*)tent with j^ood order, indus*
nj^aiiatlie reward of racnt. Every indivi-
m«i tm^l to he rendered as indcpcndeni of
streqriimr r as possible; and, at the
«nA yme, iaU as posbibie oo the
wMIe cpfBiiiunity.
- •* Oo this imcfeniahlc maxim, I think the
M/Bmmg petitions uu^hi to be fouiuled and
ia the consittuttonal code t
i;
Mr.
rifji. — [ (bund thU ktter in
1.^ itinong hia otl)er papers.
[It was read.]
•* To the Loudon Corresj>ouding Society.
*♦ Geotktnen ;— 'I !iiivt^ lately published a
di tT«lis^ un Ic of * A Letter to
^ NtttiooJil tA 1 , I of France, on ihp
• Delect! ill the cumtitution of 1791, and the
' calaat ol lb# Ameudmcnts which ought to
' bt ifplM** Allhougb t)w Q))trrvatiou« c«rn«
tained in tins letter are more particularly ap«
plicable to the French nation in the prescnifj
crisis of its government, yet, as the true prin*'j
ciples of society are every where the samcsf
their examination cannot be unseasonable
any nation or at any time. Believing, ihero^
fore, that the subject of this treatise will no"
be thought foreign to the great object of youii
association, I present a copy of it to you, wit' '
the same conRdence as 1 have done to th
National Convention^ and to the Constiti
tional Society in London : a confidence arisin|
from the full persuasion that the work
founded in truth and reason.
** I take the liberty at the same time to send
you a copy of another publication, intituled J
* Advice to the Privileged Orders/
** The present disposuiou in Europe lowardi
a general revolution in the principle of govern J
ment, is founded in a current of opintun to~
powerful to be resisted, as well as too sacred X
DC treated with neglect. It is the duly of evcryi
individual to assist, not only in removing Ibaj
obstructions that are found in the wiiy at tbi^
revolution, but in ascertaining with as mue'
precision as possible the nature of the obje
to be aimed at, and the consequences to
expected from the attainment. It is abov
all things to be desired that the convictions t
he acquired from rational discussion, sbouli
precede and preclude those which must
from physical exertion.
'• Such, I believe, is the object of your
ciety, and such is certainly that of your frien
and servant, Joel Baalow.*'
** London, Oct. 6th, 179i.
Addressed '^Tu the London Cor-
responding Society, care of Mr.
Thomas Uardy, No. 9, Piccadilly."
Mr. C arrow to Mr Johnson^ — Who was lhe„
author of this pamphlet, which appears
have been published by you, inlituleu ** Ad
vice to the Privileged Order* ?*'— 1 published i
t pamphlet with that title for Mr. Barlow:
lelievc this is it.
Do you know whether he was tlie sole
thor of it, or were there any other person
concerned in it.^ — I cannot tell ; but t reallyf
believe be was the sole author.
Which you published in the same way, I
suppose, as you did the other — Had it a large
safe ? — ^Not a very lar^e sale ; not many moie
than a thousand, I believe.
[Extracts read from ** Advice to. the Privi-
leged Orders ol the several States of Europe,
resulting from the Necessity ^nd Propriety of
a General Revolution in the Principles of Go-
vernment, Part 1. tlie Thu^d l^iiiion, by Joel
Barlow/*]
(From jmgc 17 to page SO).— •* Mr. Burke,
however, in liis defence of royalty, does not
rely on this argucnent of the con)pact. Whe-
ther it be that lie is conscious ol us futility.
or that in bis rage he forgets that he haa %iaed
it, he is perpetually iccuit\xv% \o ^CtiLXutft
.«s^ i
619] 35 GEORGE IlL
ground that has yet hcen heard of on which
we are called upon to consider kings, even as
a toleralilc nuisance, and lo support the exist-
ing forms ut government ; this ground is the
fentrul fitxtd of tht omumnUtf, It is said to
e daniieruus to pull down systems that arc
already tuiincd, or even to attempt to im-
prove them ; and it is likewise said, that,
-were they peaceably destroyed, and we had
society to build up anew, it would be best to
create hereditary Kings, hereditary orders, and
£xclu.sive |)riv ilexes.
'' These are sober opinions, uniting a class
of reasuiicrs too numerous and too respect-
able to be treated with contempt. I believe,
however, that their number is every day di-
minishing ; and 1 believe the exanplc which
France will .soon be obliged to obibit to the
world on this subject, will induce "every man
to rf jcct them who is not personally and ex-
clusively interested in their support.
" The inconsistency of the Constituent As-
sembly, in retainini; an hereditary king, armed
witli an enormous civil list, to wage war with
a popular guvernmenl, has iuduc^^il some per-
sons to pr^irt the downfall of their constitu-
tion ; but this measure had a dilfercnt origin
from what i^ commonly assigned to it, and
will probably h«:vc a diflerent issue; it was
the result rather of local and temporary cir-
cumstances, than of any general belief in the
utility of kintrs, under any modiiications or
limitations that could be attached to the
pffice.
. " It is to be obscrvcd,/r5^ that the French
had a king upon their hands : this king had
always been con'^idcrcd as a well-disposed
man ; so that, by a fatality somewhat singular,
though not unexampled in regal hisioryj he
gained the love of the people almost in pro-
portion to the mischief wliich he did them.
Secondly t their king had very powerful family
connexions in the sovereigns of Spain, Aus-
tria, Naples, and Sardinia, besides his relations
within the kingdom, whom it was necessary
to attach, if possible, to the interests of the
community. Thirdlif, the Revolution was
Qonsiderrd by all Kurope as a high and dan-
gerous experiment; it was necessary to hide,
as much as posbihlc, the appearance of its
magnitude from the eye ot the distant ob-
berver The rel'urmers considered it as their
duty to produce an internal regeneration of
society, ratiirr than an external change in the
appeaniuce of the court ; to set in order the
count ini;-hoii:>c uml the kitchen, before ar-
ranging the drawing-room. This would leave
the Sovereign^ of Europe toUilly without a
pretext for interfering, while it would be
conjioliiii; to that class of philosophers who !
still believed iti the compatibihty of royalty
and liberty, fourthly, this decree tliat France
skould hute ft kiiu, and tliat he could do no
wrong J ^v.is p.t^»ed nt an early period of tlieir
operations, when ttta above reasons were ap-
parently luure urgent than they were after-
irards^ or prubabl/ will ever Iw ifuiiii
Trial of Thomas Hardg
fsao
'* From these considerations we may con-
clude that royalty is preserved in France for
reasons which are fugitive ; that a m^yority of
the Constituent Assembly did not believe in
it as an abstract principle; that a m^ority of
the people will learn to be disgusted with so
unnatural and ponderous a deformity in their
new edifice, and will soon hew it off.
<' After this improvement shall have been
made, a few years experience in the face of
Europe, and on so great a theatre as that of
France, will probably leave but one opinion,
in the minds of honest men, relative to the
republican principle, or the great simplicity of
nature, applied to the organization of society."
(Page 21 Y^^^ It depends on a much more
important class of , men, the class that cannot
write, and in a great measure on those who
cannot read ; it is to be decided by men who
reason better without books, than we do with
all the books in the world : takine it for
granted, therefore, that a general revolution is
at hand, whose progress is irrttUtilUCf my ob-
ject is to contemplate its probable effects, and
to comfort those who are afflicted at the
prosjwct."
Mr. Garrow to Mr. JoAnson.— Did you pub-
lish the former editions of this work ? — I did.
Perhaps you mean that the sale of each
edition was not more than you mentioned ?—
There were three editions, five hundred each
edition, and there were a considerable number
left.
Was this first published before the death of
the hue king of the French, or not?
Mr. Johmon. — What is the date in the title-
page ?
Mr. Gurrow. — ^This is the third edition — Do
you know whether this was published before,
or after that event ? — I cannot tell ; I think it
was published in 17 9«, or 17U1.
Mr. Gar row to Mr. J<>AnM)R. — Be so good
as look at that pamphlet: it is called "A
Letter to the Addressers, by Thomas Paine.*'
Do you know whether nny pamphlet of that
sort was publi>hcd by Thomas Paine ? — Cer-
tainly there was.
Do you believe this to be one of the copies
that were so published.? — I believe it is.
I do not know whether you know any thing
of the cheap edition or not ; do you know
how soon the cheap edition came out alter the
first edition?— No.
Have you seen any of the cheap edition ? —
Yes.
Do you know whether that was published
about the same time ? — It was (Hiblished after
the large edition; 1 do not know how long.
Look at that ropy of the cheap edition, and
say whether you believe that to l»e one of the
copies that were published?— 1 cauuot say,
because any printer may copy this.
Mr. Erskine — ho you mean to swear that
tlie laree editran is; tliat cither is?— No. I
only believe it from the appearance of it ; auy
printer nugr cop^ it
581] Jot High Treason.
Mr. Garrow, — ^You have alreadr said, that
\ou believe that to be one of the copies of the
large edilion which was published by Mr.
Paine ?~Il has all the appearance of it ; any
printer may take a fac simile copy of it.
Upon looking at it, do you believe it to be
one, or have }rou any doubt on the subject ? —
I cannot positively say ; a printer may print
a fac simile of it.
Do yuu believe that to have been printed
hy a printer making a fitc simile without au>
thority, or to be one of the original edition ?
} ask ywi upon your oath. — I cannot any, be-
cause a printer can make a fac simile.
Lord Chief Justice /!)yre.—Uoless he ca^
sp^ from the type, or the intrinsic circum*
stances, it is nothing. — I really cannot so
speak.
Mr. G arrow, — Whom does that appear in
die tille-page to lie printed by f — Symonds.
Is there any other person named as tlie
fublisher } — And Cho Rickman.
Had you communications with the author
opon the subject of an edition of the Address
to tlie Addressers? — I bejg leave to address
the Court — Mv lord, this publication has
been deemed a libel
Mr. Garraw. — I am not asking the witness
whether he published or told any of them, or
whether he lent any one, but whether he had
uiv communication with the author upon the
subject?— The author printed it, to the best
of my knowledge, when I was in the country ;
I was at Margate, I believe, at the time wheo
be printed this pamphlet.
Lord Chief Justice £yr«. —Hitherto I do
not observe, that you have laid a eround for
asking any question about this book.
Mr. Attorney General. — We will postpone
the examination of Mr. Johuson at present.
Mr. Garnac. — We will now read the rest of
the Minute of the Constitutional Society of
the Wth of October, which your lordship re-
collects we postponed in order to read Mr.
Barlow's book.
[It was read.]
^ Ordered, That the secretary be directed
to transmit a copy of the Ar^s of to-morrow
to each of the members of this society.
" Rc»d, The ibllowing letter, and inclosed
address to the National Convention of France,
from the London Corresponding Society.
" To D. Adams, secretary to the Society for
Constitutional Information.
"Sir; — Your favour of the third instant,
mfomiing us, I hat our proposal for addressing
tiie French National Convention, had met
with the approbation of the Society for Con-
stitutional Informatk)n, we have enclosed you
a copy of the address we have drawn uj>, and
mean to send, the society at large having ap-
proved of it.
** Not in the least presuming to propose it
6k Ibe adoption of your society, ourselvea will
jgyfuUy throw it aside, and as rc»dilj sub-
A. D. 1704. [5*8
scribe to any production of your's, better cal-
culated to answer the purpose, and less un*
worthy being presented to so augubt an aa«
sembly.
** Should no other be produced, we imagine
this plain, but honest aildress, will be adopted
by some other societies, in concurrence witU
our own i and respecting tlie manner of sign-
ing, of conveying, and of presenting it, your
better experienced advice will greatly oblige,
gentlemen, your very humble servants, for the
committee of the iLndou Corresponding So*
ciety, (Signed)
'* Maurice AIargarot, chairmaiu
" Thomas Hardy, secretary."
•* Thursday, 11th October, 1792."
" Frenchmen ! —While foreign robbers ar#
ravaging your territories, under the specious
Iiretcit'of justice; cnieltv and desolatuxn
eading on their van, per^y with treachery
bringing un their rear, ^et mercy and frieiiQ«
ship' inipuclently held forth to the world aa
the sole motives of tlieir incursions, the op-
pressed part of mankind forgetting, for awhile,
their own sufferings feel only for yours, and
with an anxious eye watch the event, tew*
vently supplicating the Almighty Ruler of the
Universe to be favourable to your cause, so
intimately blendetl with their own.
" Frowned upon by an oppressive system
of control, whose gradual, but continued en
croachments, have denrived this nation of
nearly all its boasted Aberty, and brought us
almost to that abject state of slavery, from
which you have so emerged, 6,000 British
citizens, indignant, manfully step forth to
rescue their country from the opprohrhim
brought upon it, by the supine conduct of
those in |>ower. Tliey conceive it to be tht
duty of Britons to countenance and assist, to
the utmost of their power, the champions of
human happiness, ^nd to swear to a natk>D,
proceeding on the plan you have adopted^ an
mviolable friendship. Sacred from this day
be that friendship between us ! And may von-*
gcance to the uttermost, overtake the man
who hereafter shall attempt to cause a rupture,
'* Though we appear so few at present, be
assured, Frenchmen, that our number iu«
creases daily ; it is true, tliat the stern up-
lifted arm of authoritv at present keeps back
the timid, that busily circulated impostors
hourly mislead the credulous, and that court
intimacy, with avowed French traitors, has
some enoct on the unwary-, and on the am-
bitious. But, with certainty, we can inform
you, friends and freemen, that information
makes a rapid progress among us. Curiosity
has taken possession of the public mind; the
conjoint reign of ignorance and despotism
passes away. Men now ask each other, what
IS freedom ? what are our rights f Frcnchmcni
you are already free, and Bntous are preparing
to become so !
<< Castine far from us the criminal preji|>^
dices artfuUy iactd/caisd by evil-nanded mei^
623] 35 GEORGE III.
and wily courtiers ; we, instead of naturd
enemies, at length discover in Frenchmen,
our fellow citizens of the world, and our
brethren by the same Heavenly Father, who
created us for the purpose of loving and mu-
tually assisting each other ; but not to hale,
and to be ever ready to cut each others throats,
at the command of weak or ambitious kings,
and corrupt ministers.
^ Seeking our real enemies, we find them
in our bosoms ; we feel ourselves^ inwardly
torn by, and ever the victims of a restless,
all-consuming aristocracy, hitherto thc4iane
of every nation under the sun ! Wisely have
you acled in expelling it from France..
** Warm as are our wishes for your success,
eager as we are to behold freedom triumphant,
and man every where restored to the enjoy-
ment of his just rights, a sense of our duty, as
orderly citizens, forbids our flying in arms to
your assistance; our government nas pledged
the national faith to remain neutral:— in a
siniggle of liberty against despotism, Britons
remam neutral ! O shame ! But we have
entrusted our king with discretionary powers;
—we therefore must obey; — our hands are
bound, but our hearts are free, and they are
with you.
** Let German desnots act as they please.
We shall rejoice at tneir fall, compassionating
however their enslaved subjects. We hope
this tyranny of their masters will prove the
faeana of reinstating, iq the full enjoyment of
their rights and liberties, millions ot our fel-
low creatures.
•* With unconcern, therefore, we view the
elector of Hanover join his troops to traitors
ar.d robbers ; but the king of Great Britain
Mrill do well to remember, that this country is
not Hanover. — Should he forget this distmc-
tion, wo will not.
" While you enjoy the envied ^lory of be-
ing the unaided defenders of freedom, we
fondly anticipate, in idea, the numerous bles-
sings mankind will enjoy, if you succeed, as
yrc ardently wish, the triple alliance (not of
crowns, but) of the people of America, France,
and Britain, will civc freedom to Europe, and
peace to the whole world. Dear friends, you
combat for the advantage Of the human race.
How well purchased will be, though at tlie
expense of much blood, the glorious, the un-
precedented privilege of saying, mankind is
Iree ! Tyrants and tyranny are no more !
Peace reigns on the earth ! And this is the
work of Frenchmen."
*• Resolved ; — ^I'hal the thanks of this so-
ciety be given to the London Corresponding
Society, tor the above address transmitted by
them ; and that the secretary acquaint them,
this society do highly approve ot the spirit of
the same."
[The following entries were read firom the
books of the Sociely for Constttutioiul
InformatioiL] .
: ^AlaiMetiiigor
Trial of Thmiuu Hardy
[SS4
Crown and Anchor-ttvem, Strand, Eridayy
October 19, 1793,
•^ passBin-y
<< Mr. J. H. Tooke in the chair.
'' Mr Sturch, Mr. Hull, Mr. Frost, Mr. Wil-
liams, Mr. Merry, Dr. Edwards, Mr.
Pearson, Mr. Ausell, Mr. Sbarpe, Mr.
Brookbank;, Mr. Walsh, Mr. fiankt, Mr.
Bonney, Mr. Peacock, Mr. Walford, Mr.
Chatfield, Mr. Joyce, Mr. HoIcroA, Mr.
Balmanno, Mr. Richter, lord Edward Fits*
gerald, Mr. Sinclair.
'^ Mr. Sturch produced and read to the lo-
ciety the following answer he was directed to
prepare to Mr. Joel Barlow, which was ap-
proved of and published together Mrith Mr.
Barlow's letter to this society in the papers.
''Sir; — your manly and energetic address
to -the National Convention in France, having
been received b^ the Society for Constitu-
tional Information, and read at their last
meeting, they cannot hesitate to return yo«
their unanimous thanks for so valuable a prc*-
sent, and to express in the warmest teroas
their hearty approbation of its spirit and ten-
dency : your little treatise, by exhibiting the
most important political truths in a new and
striking point of view, is, in their opinioi^
happily calculated to inform the inquiring
mind, and to inspire an ardent and enlighten-
ed zeal for the freedom and happiness of
mankind. In this opinion, they doubt not^
the public voice will concur, when the pam-
Irhlct shall hav.e obtained that general circu-
ation to which its merits entitle it.
*' It is with reason that you think the sub-
ject of your book not foreign to the great ob-
ject of the society, which has invariably been,
to lead their countrymen to think for them-
selves on the momentous subject of govera-
ment^ and thus to produce an universal and
practical conviction of one great truth, that
without a real representation of the people,
frequently renewed, there can be no eitectuai
check to that system of corruption, by which
the public treasure is squandered ; no' security
for that portion of liberty which we shall en-
joy, nor any rational hope that government
will be conducted with a view to its only pro*
per object, the happiness of the many, and
not the interest of the few.
"The society observe, with heart-felt satis-
faction, that in the present great crisis of hu-
man affairs while some writers arc found even
in this country, who openly proclaim what
they call the * cause of kings* in opposition to
the cause of the people, whom they impu-
dently term the ' swinish multitude ;' there
are not wanting on the other hand^ men of
the first character and ability who nobly vin-
dicate the rights of man, and they trust, that
vour excellent writings in eeneral, and tha
letter to the Convention of Fiance in partku-
kty will be eminently conducive to tne sue-
Mitirt 1m1 Iniuipb of 4liat cause, xrhicli
125}
J&r High Treason*
A, 0. 17M.
lb%s-
jCHi justlY «yi# ^ the most glorious iliat ever
• * tneigea thr attention of inankuid/
** Joel Bailow, esq/'
•* IWd ibc following letter from the Lon-
don CorretpoDiJing 8ucipy :
« Lonihn^ Octolifr 18, 179?*
** Sir I — ^The London Corrcspoinliuf:; Society
teftrn. with nleasure, that tne Suciely for
C- il Inform ulion approve the s}>i fit
ot M ; but to com*? (»Hck to the pointy
wt ifiat as you UaA previously ap-
^n ueiisure, and as you now like the
tpiril vt the address, we may with propriety,
Mk you, whether you will concin- with us in
lendmg tliat address, or whether you will
draw up another better suited to the present
circtim stance s ; and permit us to join you in
tnmsroitting it to the French National Con-
tentioti. — I am, sir, for the committee of the
delegates of the London Corresponding Society,
jour very humble servant,
** Maurice Ma no a rot, chairman.
*D. A i» A MS, secretary to the So*
eietjr for Constitutional Infor*
matlon"
Resolved ;— Tliat the cornniiltce be ap-
otffl In ronfer with the delegates of the
responding Society, ou an address
to nji Convention of France.*'
** At a meeUng of the society held Friday,
0€iohrr 2<5, UQIt, at tiie Crown and Anchor-
tircni» Slratid,
•* Mr, John Frost in the chair,
*Mf, Hokroft, Mr. Peacock, Mr. Moore,
At, Hull, Mr, Walford, Dr Edwards, Mr.
Mr Banks, Mr, Balmanno, Dr.
axwell» Mr. J, Martin, Mr. Sinclair^ Mr.
I Starch, Mr. Joyce, colonel Keating, Mr.
Q'ears^^in, Mr. Bonney, Mr. L WiTlianjs,
J. IL Tooke, Mr, Brookbank, Mr.
on, Mr. Sutton, Mr. Bailev, Mr. Mor*
Mr. Barlow, Mr Satchell, Mr. J.
B9, Mr. Ricbter, Mr. Geddes.
' The secretary read the report of the com-
! apnoinied at the last meeting.
Dived ; — That the report ut the com-
*^ '^ tommitted.
-That the secretary do procure
-^( th. manifesto, pubUshed by
til yne while in America;
oi I itcly published by the
dij k in France; of the last
r n against writings and meet*
ki lud ; and of the emperor's recent
fr I nt Rru'^sfh on the same subject.
1^ f^s may be printed
f- ; of paper, and be
trai to all the aasoci-
•t"- ' tin,
** lievjivni ; nun t nr abovc Order bc pub-
hlM b Uie newspapers.
•*R«iolvH — »f -^ ♦ •Up next meeting of
tlui »odet^ , r of an answer lo
^ Unifl'ji. ,:, - Society on the
subject oi their letter, accompatijing their ad«
chess to the National Convention of France.
*• Resolved : — That al the said metting, tho
society do attend to the example of the Lon«
don Corresponding Society, and consider of i
an address to the National Convention of j
France.'*
" Al a meeting of the Society for Constitu-
tional Information, held at the Crown and
Anchor-tavern, Strand^ Friday, November 2,
1702,
** PREStKT,
" Mr, Frost iu the chair,
" Mr. Tooke, Mr. BosviUc, Mr. Walsh, Dr.
Edwards, Mr. Bonney, Mr. J. Martini Mr.
Slurch, Mr. Sharp, Mr. Gedde!«, colonel
Keating., Mr. Rae, Mr. Bakewell, Mr. Jovce^
Mr. Barlow, Mr. Johnson, Mr. Sinclair,
Mr. Holcroft, Mr. VVdliaras, Mr. Hind, Mr,
Tuffin, Mr. M. Bush, Mr. G. Wilhams, Mu
A spinal, Mr. Fitzgerald.
" Resolved ; — That a committee of corre»-^ i
pondence be appointed, to consider of, an<l
prepare an severs lo all such letters as are, or. j
may be, sent to this society.
** Ordered ;— That the answer lo the letter '
of the London Corresponding Society, acom«
panying their address to the National Con* \
\ en lion of France, be referred lo ihc said |
committee,
** Resolver] ; — That a committee be ap]>oint- I
ed to consider of an address to the National ^
Convention of Fiance.
*• Resolved ;— That Messrs. Bartow, Sin-
clair, and Tuftin, do compose tlie said com-
mittee ; and that the said committee be re>- <
quested lo make their report on Friday next.'
" At a meeting of tlie socielv for ConatittH <
tional Information, held at the Crown and
Anchor, S Ira rid, Friday 9 th November, i79t*<^
** PRESENT,
•* Lord SemptJl in the chair,
**Mr. Bosville, Mr. Rae, Mr. Hull, Mr,.^
Sharpc, Mr. Jennings, Mr. Sutton, Mr. Frost, '|
Mr. Tooke, Mr. Sturch, col. Keating, Mr. Hoi- ^
croft, Mr. Barlow, Mr, Tutfin, Mr. Sinclair, j
Mr. Murgarot, Mr. Walts, Mr. Richter,"
Mr. Littlejohn, captain Perry, Mr. Joha!<
Martin, Mr. Banks, Mr. Williams, Mr.
Geddes, Mr. Fitzgerald, Mr. Parkinson,.
Mr. Gerrald, Mr.Rickman, Mr, Bush, jun.,
Mr. Lockbart, Mr, Moore,
*' The committee appointed nl the last;^
meeting to prepare an address from this
ciety to the National Convention of Francc^^
made their report, and produced the followmg
address which was read and approved i
*' The Society for Constitutional informiiiioa|
in London, lo the National Conventioitl
of France.
** Servants of a Sovereign People, awl
ncfactors of Mankind ;— We rgokt tint v-.a^l
5d7] S5 GEORGE III.
revolution has arrived at that point of perfec-
tion which will permit us to address you by
this title; it is the only one that can accord
with the character of true led?^Iators. Every
successive epoch in your ai^rs, has added
sometliing to the triumphs of liberty; and
the glorious victory of the 10th of August, has
fiuaHy prepared the way for a constitution,
which we trust you will establish on the basis
of reason and nature.
" Considering the mass of delusion accu-
mulated on mankind, to obscure their under-
standings, you cannot be astonished at the
opposition you have met both from tyrants
and from slaves. — The instrument used
agunst vou by each of these classes is the
same ; for in the genealogy of human mise-
rieSy ignorance is at once the parent of oppres-
sion, and the child of submission.
** The events of every day are proving, that
your cause is cherished by the people in *all
your continental vicinity ; that a majority of
each of those nations are your real friends,
whose governments have tutored them into
apparent foes, and that they only wait to be
delivered by your arms from the dreaded
necessity of fighting against them.
" The condition of Englishmen is less to be
deplored — here the hand of oppression has not
vet ventureil completely to ravish the pen
from us, nor openly to point the sword at you.
From bosoms burning with ardour in your
cause, we tender you our warmest wishes for
the full extent of its progress and success. It
is indeed a sacred cause ; we cherish it as the
pledge of your happiness, our natural and
nearest friends ; and we rely upon it as the
bond of fraternal union to the human race, in
which union our own nation will surely be one
of the first to concur.
*• Our government has still the power, and
perhaps tlie inclination, to employ hirelings
to contradict us ; but it is our real opinion,
that we now speak the sentiments of a great
majority of the English nation. — The people
hero are wearied with imposture, and worn
out with war; they have learned to reflect,
that botli the one and the other are the off-
ttpring of unnatural combinations in society as
relative to systems of government, not the
result of the xiatural temper of nations^ as re-
lative to each others happiness.
" Go on, legislators; m the work of human
happiness— -the benefits will in piirt be ours,
but the glory shall be all your own It is the
reward of your perseverance, it is the prize of
virtue. The sparks of liberty preserved in
England for ages,) like the coruscations of
the nortliern aurora, served but to show the
darkness visible in the rest of Europe. The
lustre of the American republic, like an cflFiil-
gent morning, rose with increasing vigour,
but still too distant to enlighten our hemis-
phere, till the splendour of the French revolu-
tion Durst forth upon the nations, in the full
fervour of a meridian sua, «id displayed m
the midst of the European worid, the pl«D»
Trial ofThmas Hardy
fssft
tical result of principles which philosophy had
sought in the shade of speculation, and which
experience must every where confirm. It
dispels the clouds of prejudice from all pcople^^
reveals the secrets of^ all despotism^ and ere-
ates a new character in man.
** In this career of improvement, your ex -
ainple will be soon followed; for nations
rising from their lethargy, will reclaim the
rights of man, with a voice which mau cannot
resist.
•* (Signed by order of the Society)
*^ Sempill, chairman,
"D. Adams, secretary.
^ Resolved, That the thanks of this society
be given to the committee who prepared the
above address.
" Resolved, That Mr. Barlow and Mr. Fros«
be deputed by this society to present the ad-
dress of this society at the bar of the National
Convention of France.
" Resolved, That the thanks of this societv
be given, to Mr. Barlow antl Mr. Frost for
accepting the al)ove deputation.
<< Resolved, That the said address be signed
by the chairman and secretary.
" Resolved, that a subscription be opened
in this society, for the purpose of assisting
the efforts of France, in the cause of freedom.
<< Resolved, Thai the above rcsohition be
published in the morning and evening papers.
*' Resolved, That an answer be returned by
the secretary, to the London Corresponding
Society's letter, accompanied by a few copies
of Mr. Painc*s letters to the French people."
" At a meeting of the Society for Constitu-
tional Information, held at the Crown an(>
Anchor tavern, Strand, Friday, l(Hlx Novem"
bcr, 1792,
** Present,
** Mr. Bosville in the chair,
« Mr. Shorpe, Mr. Hull, Mr. Fitzgerald, Mr.
Pearson, Mr. Frobt, Mr. Bonney, Mr.
Moore, Mr. Jennings. Mr. Cicrrald, Dr.
Edwards, Mr. J. Wilfiams, Mr. Barlow, Mr,
Banks, Mr. Sturch, Mr. Tooke, Mr. Bush,
jun Mr. Aspinal, Mr. Rae, Dr. Smith, col.
Keating, Mr. Chatfield, Mr. Martin, Mr.
Holcrott, Mr. Balnianno, Mr Phillips, Mr.
Sinclair, Mr. Parkinson, Mr. Joyce, Mr.
Grant, Mr. Tuftin, Mr. Margarot, Mr.
Hardy, Mr. Milner, Mr. Watts, Mr. Bailey,
capt. Perry, Mr. Walford, IVIr. Sutton.
** Read a letter from Mr. Phillips, of Leices*
ter, requesting that the particulMrs of this so-
ciety might be sent him for the purpose of
establishing a constitutional society m thai
town.
** Ordeied, That the secretaiy send to Me..
Phillips, such of the mdblieatiom of thio
society, as he maj think ner— May fa>efcH
purpoeei
0
BtknedJiilfrPUi
689}
Jov High Treason*
A. D. 1794.
Anchor tovern, Straody Friday, 7th December,
1792,
" Present,
Mr. Bryant in the chair,
** Mr. John Martin, col. Keating, Mr. J. H-
Tooke, Mr. Bonney, Mr. Sharpe, Mr. Sat-
chel], Mr. Walsh, Mr. Delacour, Mr. G.
Malij^y. Mr. Fitzg^erald, Mr. G. Williams,
Mr. Sturch, Mr. Richter, Mr. Sinclair, Mr.
Chatfield, Mr. Holcroft, Mr. J. Williams, Mr.
Kydd, Mr. Campbell, Mr. WatU, Mr.
Cooper, (Jefferys-s^.^ Rev. Dr. Towers, Mr.
Balmanno, Dr. Smitn,Mr. Bailey, Mr. Rae,
Hr. Hardy, Mr. Joyce, Mr. White, Lord
tanpiU, Mr. Lockhart,
^ Read a letter from Mr. Barlow and Mr.
¥hMt, with the address to the National Con-
fentioii of France, and the answer of the pre-
[530
^ Ordered, That the same be taken into
caBuderation at some future meeting.''
^ Mr. Tkamas Maclean, — ^I found these papers
b the possession of Mr. Adams.
Mr. Umrron. — ^This is the letter referred to
in the minute last read.
[It was read.]
• Citizens and Associates; — We have exe-
CBted jour commission to the National Con-
TcntioD of France, in a manner which we
hope will meet your approbation. A transla-
tion of the papers herewith inclosed, was
jBltaday presented at the bar of the conven-
IIhi, and received with universal applause.
After which, the president gave us the kiss of
fateniity in behalf of tlie French nation,
which we returned in behalf of our society.
The tcaoe was truly interesting to every fecl-
Bg of humanity, and drew tears from a |
crowded assembly. It gave rise to reflexions,
ivhkh can scarcely be conceived by men in
u^ other circumstance of hfe ; it was the
Rooociliation of brothers, who had long been
ezdted to a mortal enmity by misunderstand-
hM and mutual imposition. The wounds
vokb had bled for ages were closed and
fa)p)t. while the voice of nature declared they
ibobld never more be opened. Ihe president
maounced a discourse in answer to our ad-
dneiii^ which we likewise enclose.
" Joel Barlow.
^ Paris «9th Nov. 1792. " John Fbost.
^ To the Society for Constitutional
lafonnation in London. ' '
^ Aithe Bar of the Convention, November 2S.
^GitiKnt of France;— We are deputed
ten^ the Society for Conttitutwnal Infurma-
Hm M JLomdanj to present to ^ou their con*
'rtioBS on the triumphs of liberty. This
r bad laboured long in the cause, with
61 of success, previous to the com-
il cf jwtt revolution. Conceive
■tioM of gratitude, when by
Bfisla oTyour nation, they
acquiring aa ex.
tension and solidity, which promise to reward
the labours of all good men, by securing the
happine.ss of their Fellow creatures.
" Innumerable societies of a similar nature
are now forming in ^very part of Bngland,
Scotland, and Ireland. 'Iliey excite a spirit
of universal inquiry into the complicated
abuses of government, and the simple means
of reform.
" After the example which France has
Jfiven, the science of revolutions will be reh-
ered easy, and the progress of reason will
be rapid. It would not be strange, if, in a
period far short of what we sliould venture
to predict, addresses of felicitation should
cross the seas to a national convention in
England."
[Uere follows the address ]
" We are also commissioned to inform the
convention, that the society which we represent
has sent to the soldiers of liberty a patriotic do-
nation of one thousand pair of snoes, which
are by this time arrived at Calais; and the
societv will Continue sending a thousand pair
a week for at least six weeks to come. We
only wish to know to whose care thay ought
to be addressed. '< Joel Barlow,
''John Frost.
« Paris, Nov. 28th, ITO?."
" The President's Answer.
^ Brave children of a nation which has
given lustre to the two worlds, and great ex»
amples to the universe ; you have addressed
us with something more than good wishes^
since the condition of our warriors has ex-
cited your solicitude. The defenders of our
liberty will one day be the supporters of your
own. You command our esteem, you will
accept our gratitude. The sons of liberty
through the world will never forget their ob-
ligations to the English nation.
" The shades of Fym, of Hampden, and of
Sydney, are hovering over your hcaas ; and
the moment cannot be distant, when the
people of France will offer their congratula-
tions to a national convention in Einsland.
Too lone has the torch of discord enffamed
the English and the French ; while the am-
bition of kings, fomenting national aversions,
compelled them to forget, that nature has
produced none but brothers.
" Your islands, it is said, were severed
from the continent by a great convulsion of
the globe ; but liberty, established on the
two shores of the narrow sea which divides
us, will repair the breach, and restore the
two nations to the harmony and friendship
for which nature has designed tliem. Rea-
son has begun her majestic march; she can-
no longer be resisted in her course.
" Generous republicans, your appearance
in this place will form an epoch in the history
of mankind. History will consecrate the dav
when, from a nation long regarded as a riva^
aad in Uic name of a great number o( yovr
2 M
-ean
35 QEORGE III.
Trial ofThmat Hardy
[588
fellow-citizens, you appeared in the midst of
the representatives oi the people of France,
and she will not forget to recount, that our
hearts expanded at the sight. Tell the so-
ciety which deputed yon, and assure your
fellow- citizens in general, that in your friends,
the French, you have found men."
[The following entries were read from the
books of the soacty for Constitutional Infor-
mation.]
*' At a meeting of the Society for Consti-
tutional Information, held at the Crown and
Anchor tavern, Strand, Friday, December
14, 1792,
" PRESENT,
« Mr. J. II. Tooke iu the chair.
" Mr. Chrbtopher Hull, some part of the
time in the chair.
*< Mr. W. Sharpc, Mr. Bonncy, Mr. J. Mar-
tin, Mr. Balmanno, jun. Mr. G. Maltby,
Mr. Kydd, Mr. Chatficld, lord Sempill, Mr.
Moore, Mr. Hofcroft, Mr. TuflSn, Mr.
Hardy, Mr. Reader, Mr. Satchcll, Mr.
Banks, Mr. Sturch, Mr. Lockhart, Mr. Rutt,
BIr. B. Cooper, Mr. Chalk, Mr. Margarot,
Mr. Rac, Mr. Fitzgerald, colonel Keating,
Mr. G. Watts, Mr. Williams, Mr. Camp-
bell, Mr. Jennings, Mr. Sinclair,
^' Read a printed address from Manchester.
*' Resolved, That the said address be ap-
proved for publishing in the newspapers.
'' A motion was made and seconded, that
the 20lh law of this society be suspended on
this occasion, which motion was carried in
the affirmative.
" Resolved, That the S2ud address be
printed in the newspapers.
"Resolved, That one hundred thousand
copies of the same be printed by this society,
and distributed to their correspondents in
Great Britain and Ireland.
" Resolved, That the said resolutions be
signed by llie chairman and secretary.
" Read a letter from the Society of Friends
of Liberty and Equality, sitting at Laon, ca^
pital of the department DTAisne, to the pa-
triotic society of Ix)ndon, named the Society
for Constitutional Information.
" Resolved, That the said letter be referred
to the committee of correspondence."
Mr. Maclean, — ^I found these three papers
in the house of Mr. Adams.
William Uuskition, esq.* sworn. — Examined
by Mr. Garrou\
You resided, I believe, for a considerable
time in France ?— I did.
• In 179:>, appointed under secretary of
state to Mr. Dundas, iu the war department.
He was afterwards secretary of the treasury
during Mr. Pitfa second administration, and
alho during the time the duke of Portland
was at the bead of the treasuiy. Oo the
You are well acquainted with theFrenck
language ? — I am.
[Mr. Huskisson delivered into court Kng-
lish translations of the three letters product
by Maclean.]
[They were read.]
" Apt, the i7tk December^ •
" First year of the French RepuUU.
*' The popular and republican society of Apt,
department of the mouths of the Rhone,
to the popular society, sitting at London.
'' LIVE FREE, OR DIE !
'^ Citizens, Brethren and Friends ;*-When
two great nations, acquainted with their
rights, approximated by their commercial
connexions and their natural situation, formed
to love and to act in concert with each other,
begin to frame the glorious project of uniting
themselves for tlie regeneration of the human
race, one may then say with reason, thai
kings are ripe and ready to fall.
<' How glorious will it be for France and
England to have formed alone a confederacy
destructive of tyrants, and to have purchase^
at the price of <their blood, the liberty of
Europe— wo may say more, of the whole
universe. ^ '
<< Courage, brethren and friends. It is for
you to follow us in the glorious and hazardous
career of the revolution of the world. "Can
ye any longer groan under the yoke of m
government, that has nothing of liber^ but
the name ? For, althou|;h your land was ii^
habited before others by freemen, can ye,
without illusion, consider your government
as such ?
<' Will ye content yourselves v^th a partial
freedom ? Will the English be satisfied with
principles ? Will that lK>ld nation, that has
produced philosophers the most profound,
and that first of all perceived the sparkling
rays of reason, remain a spectatrix in so noble
a cause.
** No, brethren and friends, no ! you will
soon lift yourselves up aeainst that perfidious
court of St. James*s^ wnose infernal polky,
like to that which found its tomb in i&t
Thuillerics, has made so many victims in our
two nations, and does disunite them perpe*
tually to rule over them.
" Your love for liberty has fixed your at-
tention upon the wants of our defenders;
your generosity toward them is a title to
the acknowledgments of the republic. We
are impatient to fiimish you the same a^
vantages. The popular societies of France
desire ardently tne epoch that shall pennit
them to address their vows to tlie naticNoal
assembly of Great Britain, and to offisr to the
29th of July, 1 8 14, he was sworn one ofhip^''
jesty*8 privy council, and is. now fA.'t^'^
first commissioner ofthe wip»*« *
land ravenue, aodi
SSS]
Jar High Treaion*^
loldiers of the liberty of your natioo, arms,
bayonets, and pikes.
** The members composing the Committee
of Correspondence :
*' AUSELME RaSPAUD,
*' AuBOR, Secret,
** Abuise, Perrin Aglean/'
" VULIJ,
''To the citizens composing the
Constitutional Society, sitting
at London."
** The Society of the Friends of Liberty and
Equality, sitting at Ladn, the head of the
defmrtment of the Aisne, to the patriotic
society of London, called the Society for
Constitutional Information.
" Generous Republicans ; — The philan-
tbropic gift that you have presentedf to the
wimors of France, announces, with energy,
Ibe great interest tliat you take in the sacred
anise which they are defending.
^ Accept the thanks of a society that does
honour to itself in esteeming you.
''The time, perhaps, is not far distant,
when the soldiers of our liberty shall be able
to testify their gratitude to you. Then their
arms, their blood itself, shall be at the service
of all your fellow-citizens, who, like you, ac-
loiowleage no rights but the riehts of man.
Then FrSnce and England shall form toge-
ther a treaty of union as lasting as the course
of the Seine and the Thames. Then there,
ts here, there shall exist no other reign but
tbal of liberty, equality, and friendbhip. May
this dsy of felicity and glory soon shine upon
the horizon of two nations, formed to admire
each other.
•* 2nd December, 1792.
* First year of the French Republic.
" The members composing the Committee
of Correspondence.
** Hamaides, Bawdry, Demonciaux."
The envelope is directed " To the pa-
triotic society of London, called the
Sodety for Constitutional Informa-
lioo, at London, England. ''
^ TirU year of the French Republic,
6th December^ 1792.
•'The Society of the Friends of Liberty and
£ouality,.cstablished at Ma^on, department
ofthe Saoiic and Loire, to the Constitutional
Sodety of Loudon.
* Yes, citizens, our brethren and friends,
the lOth of August, 1792, shall be distin-
guished in the annals of the world as the day
ofthe triumph of liberty.
^ Oar first revolution did but show to us
the salutary princioles of the imprescriptible
qi^ of man : ail, except the unprincipled,
tad the enemies of humanity, adopted them
Mlh . enthusiasm. It was then that we
4lMaael\es into a society, in order the
^Impwss them upon ourselves, and
tmA s1mb> -4n ^iiow.
A. D. 1794. [634
^' Our first constitution had consecrated
them, but had not always taken them for its
base. The dominion of the passions, the
force of habit, the impression of prejudices,
and the power of the intri^es employed in
our Constituent Assembly, found the secret to
preserve sufficient authority to our tyrants,
to extinguish, at some time, the sacred rights
of nature, and to re-establish despotism on
its throue of iron.
" But royalty, thus preserved, was not con-
tent with the victory that had secured to it
the greatest number of the corrupt persons
who surrounded it. It was impatient to reap
the fruits that it appeared to promise itselt.
But its too great eagerness has hastened its
ruin, and secured the trium})h of reason.
" The French, proud of their new exis-
tence, soon perceived the fault of their first
legislators, became sensible of the imperfec-
tion of its first laws— saw that thcv made a
surrender ofthe rights of liberty and equality
which they had emoraced, they roused them-
selves anew to demand, at length, laws im-
partial and humane.
^ From thence the necessary day of the
tenth of August 1792. From thence a se-
cond revolution, but a revolution which is
only the completion of the first, which has
received our vows and our oaths, and which
we will bless for ever, if it leads us, as we
hope it will, to the happiness of the nation,
to the constant maintenance of liberty and
equality.
'< Let intriguers, tools, and tyrants calum*
niate us ; we despise them too much to con-
descend to answer them, and seek for their
esteem.
<*That which flatters us, is, the interest
that you take in our labours, your attention
to contribute to the success of our arms;
we desire your esteem, wc arc proud of your
approbation.
" We smile at the expression of the senti-
ments that you manifested to our representa-
tives : we behold a nation of brethren rouse
itself to support the cause of humanity: we
behold the brave Endish adopt our princi-
ples, become our friends ; we say to ourselves
with pleasure, soon will they become our
allies, and, uniting our efforts, wc shall go on
to deliver the universe from the yoke of
tyrants— to restore the nations to reason and
nature.
" That day is not far distant, if we may
rely on our own courage, and the hope of your
alliance.
" In the mean time receive our thanks, and
correspond with brethren who set a high
value upon your esteem.
(Signed) " Lavenie, the younger president.
" J. B. Hepey, secretary to the society.
" Dessau, secretary."
(In English in the original.)
" To the President of the society
called the Society for Constitu-
tional Infonhiation (by way of
Cahus)| London;*
535] S5 G£ORG£ UI.
Jhmtu Wood sworn. — Examined bj Mr.
Garrow,
Do you know Mr. Frost's hand-writing ? —
Yes ; 1 have seen him write very often.
Look at that paper, and tell mc v»hether
you believe it to be Mr. 1 TO!»t's hand- writing?
— Yes ; I have no doubt about its being his
band-writing.
" Parh, September 20M, 1792.
" My dear Sir ; — We arrived safe at tliis
place yesterday to dinner ; and, having met
with no interruption on our journey, by night
or by day, since we left Dover, except delay
at Abbeville, Amiens, Clermont, and tor want
of horses, which the emigrants h:ive wore
out. Paris is now quiet, though it was illu-
minated, and the guards under arms from an
apprehension of the people visiting the 'leni-
ple to destroy Louis and his Viiie : the latter
oraves it, and will to the last; the furuier is
insensible to his fate. The nivht, however,
passed over in silence ; and this evening the
Convention uill meet, and the National As-
sembly take their leave. About three hun-
dred oV the present assembly are returned to
the Convention ; the rest retire with execra-
tions. Mr. Paine made his appearance in the
National Assembly last night, which excited
great curiosity among both men nnd women,
and occasioned no small interruption. The
first who embraced him was Cambon, who
last night made a most excellent speech on
the subject of the jewels, plate, &c. found in
the churches, &c. in order to have them
melted, as hitherto most infamous use had
been made of them, by pawning them tu the
Jews, &c. to raise money for the emigrants.
This motion was become the more necessary,
aSf a few nights ago, that is, on the morniug
of Tuesday, 40 men armed, entered the Thuil-
leries, and carried off 30 millions of livrcs
The gates of Paris have been shut, and a
search made : more than a million has been
found. The treachery of Louis is so great,
that the indignation of the people cannot be
wondered at. He has anticipjited the civil
list a year and a half, and mortgaocd his do-
mains for six years. The bankers, and others
who have advanced the money, will he ruined.
Bydc is gone. I will inform myself, between
tnis and Monday, of every thing that is pass-
ing, and by that post send you a particular
account of the lOlh, the truth of which is not
yet known in Lngland, or, if known, con-
cealed or misrepresented to blacken the revo-
lution. Without the affair of the 10th, liberty
was over. 1 am sorry to learn that the con-
duct of your friend gen. M— — is not well
spoken of. He was in the Thuillcries all
night of the 9th ; and he and captain Samp-
son left about eight o'clock in the morning ;
and there is no doubt but he regulated the
troops, and disposed them in order to attack.
His conduct was winked at, out of respect to
tbc English. He is now with Dumourier's
army, wliicb b dOfiOO BtroDg; and it is ex-
Triat of Thonuu Hardy
[596
pected that an account will arrive this day of
an engagement between him and the Ptiu-
sians, as general Kellerman had, by a forced
march over the mountains, joint:d him when
he last wrote ; within nine utiles of which,
the Prussians bring informed of his approach^
made an attack before the junction, and was
repulsed. There are jOO,000 troops now
upon the frontiers. The language of tiie
kmg of P is chans^ed frtim that of
threats to soothing ; and he has artfolly en-
deavoured to persuade the troops, thdt, as
tlicy are unable to defend themselves, and are
betrayed by their generals, the^ had better
lay down their arms. Few Prussian desertefs
have come over ; but a great number uf Aus*
trians have entered. I have this moment
read a letter from general Monepr, who ex-
pects every moment the attack of the Proft-
sians. They have been joined by a great
body of Brabanters, who have all along foi^t
with uncommon bravery. The post is going
out. and con)pels me to hasten to a conclu-
isiun We dine to-day with Pelhion. Paine
has entered his name on the roll of parlia-
ment, and went through the forms of office
with a great deal of nonchalance. We are
well lo()ge<l, and, besides our bed-rooms, have
an entertaining room for members to be
shown into : several have called this mora-
ing. ^ We are to give ten livrcs a day. The
clerk of parliament has this moment been
here — Mr. Rose, a relation of the notorious
George Rose. I have nothiug more to add,
but that Mr. Paine is in good >pints ; and in-
deed the flattering reception he has met with
all through France, could not fail of it. It is
more than I describe. I believe he is rather
fatigued with the kissing. Pethion still re-
tains his popularity. Uohcbpierre has been
attacked in the primary assembly, and told
that he was the most dangerous man in
France, and that a gooil citizen ougtit to blow
his brains out. The English, I understand,
showed ereat pusillanimity. Tell Vaughan,
his friend Losh was, i'ur three or lour days
before he left the h(»tel, very uneasy, and
thought he should never see England again.
Mr. Watt is here, and very civil. « What is
* become of Dr. Maxwell r' is the cry. Al-
ways y'our's, J. P.*
Addressed, " John Home Tooke, esq."
Mr. Garrorc. — Now I will give some ac-
count of what these transactions of the lOth
of A\igust were, which are stated as tteee»-
sary to liberty.
]Vlr. Garrow to Mr. Huskiswn — Were you
in Paris on the 10th of August, 1792 ? — Yes,
I was.
I believe you resided in the house of tiw
British ambassador, lord Gower } — I did.
Had you been in Paris any time predion
to the 10th of August ?— From the monlh of
July, 1790.
Be so good X8 to state thortiy, what the
facts were, which are described as the 1
i
for High Treamm
loflbe lOthof AugiiM, flS they reUte
i tmfeiajdioiis HI Paib aud Versaillps. ;i^ \\w\
^J under your obsenraUou. — On t
IliClist t nnd Tin opparlUllily *♦* .;
l go out (Jtinng; the eou-
-J in the course of that
What was the nature of that which you
ih€ as a contest, which kepi you al
lef ^.1 heard a firinj;;^ and I saw smoke. I
Wm afterward?* some of the oul-bti' ' i
4r« at ih<? palace; and 1 saw peopi
ritJi their arms towsuds that part oi tn'- town.
What did you &od had occasioned the
Ijing; from what had it proceeded, the firing
of wm^ and the firing the huildings? — The
6iiog of arms, I nodcrstoovlf proceeded from
penoGs who wished to enter the palace, and
aJso from tht^se who opposed their cotntocc,
palace, al that time, the residence
VI ^|^ a^d bis family ? — I believe it wds.
Can you describe any other transactions of
it day, which came within your knowle<Jge
the fBOTOcnt^ or that came wilhm your o%-
atiof) afterwards ? — I saw» in the cvemng
th»i day, the governor of the palace^ who
Be to my lodgings to shelter Inmsetf ; ati^
he described to me
In potm: of llict, the governor of the palace
t^' ^' ^ ' ' fr at your house ? — He did. I went
' ' vening, about nine o*cIock, ^nd I
: ' ' roic,— I submit to your lordship,
he governor of the palace said al
i)g shelter at the house of this
nan, is evidence,
ui Justice £vr«.— Do not let us go
parlicular of a transaction at that
Biir«>n Hoiham, — It is a histoiy that is
\\\ ^nown.
Mr — Vou were saying that jfou
mil in inc cveuuig? — Yes, about nine
I did no » fee c any Iblng worth men*
aifig. I went townrdb the bridge that \t^h
!• tli« f«laee, whtre I wa^ 3toi»ped by some
ci* ffora approach mg nearer. I saw
. buiMuip of the p^ilace were then
. f Justice Eifpt, — The whole of it
•Ti^ wus a great tumult, a great
he king and his family
3 at the Conveution^ aitd
4 4u their hbctty allerwardM
^u&t 60 — we are perfectly
it »o.
^ . — Every body knowi that,
-l believe every body knows,
' ' r to read
rj of Mr.
w\ 1 baud-writuig.
WUUMrn WiKuljtjiL^-X\%wm\nfA by Mr.
Do ytm knw in whose batul-wntiDg that
A, D* 1794.-
[588
^ paper i.s?^l thmk it, by ilie character^ to bo
Mr. Tookf ^H,
Have you »een bim write ? — T have, and
behcve il to be his, though I did not see him
write it
Look al this paper?— The ^me hand*
writing.
Jame^ 'A )rMi,^n sworn. — Eiarained by Mr,
Look ai incite tour papers-^ see if you find
ymir name upon ihese. and whether yoti
seized these ? — Upon these two only.
John Thompson sworn. — Examined by Mr*
Gorrow.
Are you one of bis iiiaje»ty*a meisen^ers?
—No ; I am clerk to the puLhoof^ce in L^m*
beth-slreet, Whilechapel.
Were you present when these papers were
found ? — Yes ; they were found at Mr. Home
Tooke's house at Wimbledon.
Was that after Mt. Tooke was taken inbe
custody ?— Yes, it was,
Where were they found? — Some were
found in bureaus, and some in other places.
Who were present when they were found?
—Mr, Frost and Mr. Vauthan.
Did they attend as friends of Mr.Tooke?—
They did.
Yon got the ke\*S5, and you foirad these pa-
pers ? — These two papers (the two not spokei>
to by Mr. Thornioii) arc tiiarked by me, as
found in the house of Mr, Toi>kc,
tMr, lliiikisson delivered into court, E^g^
translations of the French papers J
Diaft of a Letter from Mr, Tooke to the
Mayor of Paris, in Mr. Tooke's band-
wriliog.
*' Sir ; — You are in no want of friends ia
England, who ardently wi«<h to lie useful lo
French Uhertv, But we wish to Rnow some
one of your frieuds, who re!^ide« in London,
In whom you have an entire confidence, and
to whoiu we may f;ivc our money, in the as-
surance thai it will be remitted to you without
delay» and without fraud. Mr. Fr06l» to
whom 1 fiilru*-t this idler, is going to set out
immediately willi Mr. Paine, for Paris, and
allows me no lime for ceremony, if it were
neoessiiry. I request you to ^^end me the
niitne uf f^ome Frenchman, in London, mer^
ci^ai^l, or other, for the purpose above men-
tioned. Wc can now be^m the public con-
tribution towards our patriotic glU with l,O0O/«
starting; and 1 have no dotdu but it will
amount in time tu several thousands.
'* If you conudor this »t0p in the same
point o( view that h« do, you wdl see in it
much use to the common c^ise of England
and France, I tnircitt you to giv« me yoor
sentiments on the subject, and to point out tt»
roc the means by which I nmy be useful to
you. J. UoiiNfc TcKMta.'*
** Brotbcrs and Friends;— Liberty is a bood
which ought to unhe oil men^ and whkh ^vVV
689]
S5 GEORGE lU.
Trial of Thomas Hardy
[54Q
one day unite all nations. These are prepar-
ing those great revolutions which disseminate
useful truths. Thus the philosophical socie-
ties make all despots tremble. You have the
glorious advantage of deserving the hatred of
your government. The league of tyrants will
never be able to resist the power of reason.
Continue your precious labours —employ your-
selves in the enfranchisement and the happi-
ness of the human race. Vou will find in the
French, worthy fellow labourers.-^Uonoured
by the sentiments which you express for me,
receive the assurances of my lively gratitude.
Your fellow citizen, Petion."
<< 6th October, first year of the
French Republic. ,
« Society of the
Friends of the Revolution."
<< Pflrii, the first of Ociaber^797,
the first year of the French K^oiublic,
*' I have received, sir, the letter whicn you
have done me the honour of addressing to me
of the 13th ult. in which you announce to me,
that we are in no want of friends in England,
who ardently wish to be useful to the French
liberty ; and that it would be necessary that
I should point out to you some person resident
in London, entitled to full confidence, and to
whom you might remit, in full safety, the
funds resulting from the oatriotic gifi which
vour countrymen are willing to contribute.
You cannot, sir, doubt of mv eagerness to
second views so useful, which will for ever
merit our gratitude, will rivet the links of
fraternity between us, and must produce the
Featest advantages to England and France,
shall have the nonour, sir, of sending you,
without delay, the name of the person in
whose hands you may place the funds which
you destine to the support of a cause which,
m truth, is that of all people who cherish
liberty. For the mayor ot Paris,
" BoNciiER Rlne, Off. municipt.
" Received at Wimbledon,
Wednesday, Oct. 9."
Indorsed " 1st October, 1792.— Copy of Let-
ter from Pethion to Tookc.*'
" Mr. President; Thirty years ago I travelled
in France, when she was enslavecL I received
a thousand civilities, and I was chagrined at
her destiny. I now come to acquit myself of
a small part of my former debt to France, in
a state of freedom. I entreat her to accept
these 4,000 livres, and to apply them to the
expenses of the war a^inst all the tyrants
who have dared, or snail dare, to attempt
against her liberty, without excepting any one,
were it even of my own countiy. As to the
debt of honour newly contracted as a French
citizen, it will be the object of the rest of mv
life to acquit myself of it faithfully and with
zeal."
Indorsed '^ Drafl of an Address to the Pre-
sident of the' French Convention/' in Mr.
Tooke's own hand-writing.
Mr. Attorney General,—! now propose to
read some entries, from the books of .the
Society for Constitutional Information, which
relate to the speeches of Roland, St. Andre,
and Barr^re, mentioned in those resolutions,
Uie substance of which I stated to your
lordships and the jury yesterday.
[They were read.]
'' At a meeting of the Society for Constitu-
tional Information, held at the Crown and
Anchor, Strand, Friday, 18th January, 17$^,
" Presevt,
'< Lord Sempill in the chair,
'' Mr. J. H. Tookc, Mr. Symonds, Mr. Fiti-
eerald, Mr. Bonney, Mr. Rutt, Mr. John
Martin, captain T. Harwood, count Zenobio,
Mr. Bryant. Mr. J. Williams, Mr. Wills,
Mr. Chatfield, Mr. Sharpe, Mr. Reader, Mr.
G. Williams, Mr. Holcroft, Mr. B. Cooper,
'< Resolved;— That citizen St Andre, a
member of the National Convention of
France, being considered by us as one of the
most judicious and enlightened friends of
human liberty, be admitted an associated
honorary member of this society.
'* Resolved, That the said resolution be
published in the papers."
'* At a meeting of the Society for Constitu-
tional Information, held at the Crown and
Anchor Tavern, Strand, Friday, 25 thJanuanr,
1793,
" Present,
" Mr. Jennings in the chair,
'^ Lord Sempill, capt. Tooke Ilarwood, Mr.
Bonney, Mr. W. Sharp, Mr. Symonds, Mr.
Hull, Mr. Bryant, Mr. John Martin, Mr.
H. Tooke, Mr. Fitzgerald, Mr. Turnbull,
Mr. J. Williams, Mr. Wardle,Mr. Satchell,
Mr. Slurch, Mr. Kydd, Mr. Bailey, Mr.
Chalk, Mr. Margarot, Mr. Hardy, Mr. Uol-
. croft, Mr. G. Williams, Mr. White, Mr.
Chatfield,
*' Resolved ; — That citizen Banire, a
member of the National Convention of
France, being considered bv us as one of the
most judicious and cnligntened friends of
human liberty, be admitted an associate
honorary member of this society.
*' Resolved, That the said resolution be
published in the newspapers.
" Resolved, That citizen Roland, being also
considered by us as one of the most judicious
and enliffhtencd friends of human liberty, be
admitted an associated honorary member of
tills society.
^ Resolved, That the said Resolution be
published in tiie newspapers.''
'* At a meeting of the Society for Constitu-
tional Information, held at the Crown and
Anchor tavern, Strand, Fridayi Istof Febniaiy,
1793,
541]
fsir High Treoioni
A. D. 1794.
[548
Presevt,
Mr. Fit2|;erald in the chair,
« Mr. J. H. Tooke, Mr. Wills, Mr. Cooper .
Slanchester), lord Sempill, Dr. Kentish,
r. Tuffin, Mr. Hull, Mr. John Martin,
Mr. Balnuuino, Mr. Banks, Mr. Jennines,
Mr. Holcrof\, Mr. Bailey, Mr. Sharpe, Mr.
Miller, Mr. G. Williams, Mr. Parkinson, Mr.
Wardle, Mr. B. Cooper, capt. T. Harwood.
" Ready a circular Letter from the Sheffield
Soeidyfor Cmutitvtional Information.
*' Resolved, That a committee be appointed
to report an answer.
« RMolved, That Mr. Tooke, lonl Sempill,
Mr. HolcToft, Mr. Tuffin, Mr. Fitzgerald, Mr.
Cooper (Manchester), Dr. Kentish, and capt
Harwood, be the committee.
" Resolved, That the said committee, meet
tl half past three o'clock on Friday next, at
this place.
* Resolved, That the speeches of citizen
8t Andre, and citizen Barr^re (associated
hooofary members of this society), as given in
the Gazette Nationale ou Monitcur Univer-
leUe, of Paris, on the 4th, ath, and 7th, of
Jaonry, 1793, be inserted in the books of this
olved. That the said resolution be
poblished in the newspapers.
Mr. Garrow (to Mr. Huskisson), — ^During
your resdence in Paris, and at\er )rou came to
this country, were you in the liabit of seeing
the paper called the Moniteur Universelle.— I
was.
Look at these printed papers and sav, whe-
ther from their appearance you take tliem, to
be the French papers of those dates. — ^They
have every appearance of being similar to
those which I took in, while at Paris^ and
ifterwards in London.
Jm^h Debtffe sworn. — Examined by Mr.
Garrow,
You are I understand a bookseller ? — Yes.
Where is your shop? — In Gerrard -street,
Soho.
Your shop was chiefly employed in selling
foreign publications I believe ?^Yes, and not
only foreign publications, but dl sorts of
works, and as to the newspapers which I sold,
they were the same that came through the
cbumel of the post office, and by others.
You sold French newspapers?— Yes.
And these French newspapers came by
the channel of the post from France, and by
the channel of private conveyance?— Great
part of them came from Paris, by the packet,
then sent to Millet and Fector, and then for-
warded by the mail coach. I received no
Spers, but what were duly opened at the
utom-house at Dover.
Vou are a native of France, I perceive ?— >
No^ I beg your pardon, I am a native of
Switzerland.
You are acquainted with the French lao-
gotge?— Yes.
You probably have had many thousand
French newspapers pass through your hands?
— I have.
Whether you are acquunted with that
paper the Nationale Gazette, or Universelle
Moniteur ?— Perfectly well, I have had a great
many of them.
Did you ever know of any of these French
papers with the French tities, and in that
shape, reprinted in England ? — I have never
known it.
From the paper, from the type, and from
the general appearance of these papers which
you hold in your hand, comparing them with
the recollection of those which paSsed through
vour hand, in the way of your trade, do you
believe these to be the French Moniteur,
published in France, and conveyed to this
country, in the way you have stated? — Per-
fectly so, and more than that, there are many
connexions in London, through which thie
veracity of this, might be compared.
We are not permitted to compare them with
others ; is that French paper, and is it
printed with French types? — It is the real
Parispaper, printed in Paris by Mr. Pilnewood.
who IS the proprietor of it I have received
them immediately from Mr. Pihaewood's own
hands.
Mr. Attorney General. — Then I offisr to
your lordship the evidence of these threo
papers, one dated the 4th, another the 6th,
and another the 7th of January, 1793, upon
the evidence now given, which contain
speeches of citizen St. Andr6, and citizen
Barr^re.
Mr. ErtAinf.— If your lordship thinks
these papers ma^ be taken as evidence^ I
have no mterest in disputine it, I only wish
to have the sanction of the Court; I am not
anxious about it.
Lord Chief Justice Eyre. — I think it is a
reasonable evidence of their being what they
are described.
[Mr. Huskisson delivered into Court English
Translations of Extracts from tlie said
Papers.]
Mr. Erikine.^^ls there the whole of it ?
Mr. Attorney General. — ^No ; only extracts.
Mr. Huskiaon. — The reading the wholo
would take up full two hours.
(The extracts read.]
*« Extract from the speech of Jean Bon St.
Andr6, taken from the Monitcur of the 4th of
January, 1793.
^ Translation.
" If you have to decide on the fate of
Louis, It is because you arc a revolutionary
assembly, created by the French nation, in a
state of insurrection."
'* Extracts from the speech of Barrbre, taken
from the Moniteurs of the 6th and 7th of Jan«
uary, 1793.
S4S] S5 GEORGE IIL
** Translation.
'^ The question submitted to your delibera-
tion is or the highest importance to public
order, of the greatest difficulty in lenslation,
df the utmost delicacy in politics, absolutely
necessary to liberty, and connected with what-
ever is held most sacred by the nation. — ^The
calmness which has prevailed in the delibera-
lionii for some days past, forbodes that it
will be decided according to justice and rea-
son.— ^It will not escape history, this contmst
between kings, who often, amidst the dissi-
Sation of courts, signed proscriptions, or the
eath warrant of a thousand citizens ; and
the representatives of the people, who deliberate
with wisdom and caution on the punishment
of a single despot — It is the destiny of kings
to be the occasion of the calamities of the peo-
fltf whether they remain on their thrones, or
whether they are precipitated from them."
" The people of Paris, by making an holy
insurrection against him [the kin^J on the
lOth of August, deprived him of his charac-
ter of inviolability. — ^The people of the other
departments applauded this insurrection, and
adopted the result of it. — ^I'he people have,
therefore, already interposed to destroy the
royal inviolability. — Louis was invested by the
tacit consent of the peofile, with a constitu-
tional inviolability; their tacit consent has
deprived him of the same, and is therefore as
lawful as the grant of it.— The inviolability of
the king cannnot be absolute ; it is only rela-
tive, and for the end of maintaining the inde-
pendence of the constituted autiiorities."
*' The people is the sovereign.
^ A convention differs from a legislature in
this respect : a legislature is only a species of
superintondinjg magistracy; a moderator of
the powers ofjgovernmcnt : a convention, on
the contrary, is a representation of the sove-
reign.— ^The members of the legislative as-
sembly acted, in August, upon tliese princi-
ples; and they declaured, in their account of
their motives for calling a national conven-
tion, tliat they saw but one measure which
could save France ; namely, to have recourse
to the supreme will of the people, and to in-
vite the neople to exercise immediatelv that
inalienable right of sovereignty, which the
constitution had acknowled^, and which it
could not subject to any restriction.— The
public interest required, that the will of the
people should be manifested in the opinion of
a national convention, formed of representa-
tives, invested by the people with unlimited
powers. The will of the people is manifested
by the opinion of this convention. — ^The con-
vention beine assembled, is itself that sove-
reign will which ought to prevail. — It would
be contrary to every principle, if the eipres-
sionof the general will did not reside in the ,
convention alone.
** You are the representatives «f the nation,
which relies upon you for taking emery
TruU of ThomoB Hardy
[544
sure of public safety, necessary to establish
and 5ccure liberty, and to proscribe tyranny,
against which the nation has formed an holy
insurrection.
'* It is despotism when, in the ordinary and
permanent establishment of a government,
there is no separation of powers. — But is it
not the very essence of a constituent body to
concentre, for the time being, all authonty ?
— Is it not the very nature ol a national con-
vention to be the temporary image of the na-
tion; to unite, in itself, all the powers of go*
vernment, to employ them against tlie ene-
mies of liberty, and to distribute tliem in^
new social compact, called a constitution ?—
Behold that Constituent Assembly, which,
though abominably calumniated at present,
laid (in spite oftheshamcfijl revision of the
laws) the first foundation of vour liber^. Be-
hold it alone, with its revolutionary genius {
it broke through every impediment, exceeded
its delegated authorit)r, created its own powers,
according to the exigencies of liberty, and
to the wants of the people ; destroyed all pro-
judices by the force of that public opinion to
which it gave birth, obliterated all privileges,
abolished all parliaments, changed the form
of all property, as well as the sign of aU
value, and made a perjured king its prisoner.
— Nothing was wanting to iminurtaliaEC that
assembly, but to have delivered France from
the calamity of kingly government, and to
have relieved you from ue duty of judging
the last of your kings.
'' Invested, from your origin, with tb^
most unlimited confidence by your fellow ci-
tizens, you hesitate in the first step.
" Am I then no longer in the midst of that
national convention, whose honourable mis*
sion it was to dettroy kings and royalty f '
Mr. Erikine,—'! wish it to be understood,
that these gentlemen are speaking in their
place, as members of the National Assembly
in France.
Mr. Attorney General. — I will explain the
view with which I ofier it.
Mr. Erskine. — You stated it very particu-
larly in your opening.
Mr. Attorneif General, — You sec they arc
now speaking in their places, in the National
Assembly in France.
Lord Chief Justice U^e.— It is hardly
worth debating; the purpose is so obvious,
that it is impossible to be misunderstood.
[The following cntrj' was read from the books
of the Society for Constitutional Infor-
mation.]
*^ At a meetin<; of the Society for Constitu-
tional Information, held at the Crown and
Anchor Tavern, Strand, Friday, 16thFehruF
ary, 1793,
** PRESEHT,
^' Mr. Reader in the chair,
<« Mr. Frost, Mr. J. H. Tooke, Mr. fioaiwarj
546]
Jor High Treason.
A. D. 1794.
[516
Mr.SymondSy Mr. Martin, Mr. ChatBeld,
Mr. Fitzgerald, Mr. Banks, Rev. Mr. Joyce
Mr. J. williamsy Capt. T. llarwood, Mr.
Moore, Mr. G. Williams, Mr. llolcrof^;,
Mr. Balmanno.
^ Read the following letter from the So-
ciety for Constitutional Information, at Bir-
mingham, requesting, that twelve of their
members may be admitted associated mem-
ben of this- society.
« Birmingham f Feb. 6th, 1793.
** Friends and Fellow Citizens;— -The mem-
bers of the Society for Constitutional Infor-
mation, established at this place, Nov. 20th,
1799, take the opportunity to lay before you
our printed Address and Declaration, and our
lulea and orders, which we have adoutml
from the Sheffield Society, fur our internal go-
veroment — And to show our justice, our mo-
deration,^ and love to all mankind, we desire
Tour advice and assistance, that the general
nuDd of our society may be formed unani-
inoDsly to the l>est and most likely mode of
obtaining our long-lost riglits as men free
born, and as citizens by universal incorpo-
mtWD.
^ The interested and bigottcd supporters of
tbe exploded system of corruption, arc con-
tinually throwing obstacles in the way of all
refiimi, and threaten us with rigorous prose-
cnlioD, and exhibit all the engines of power
tad tyranny before us, for meeting to in ves-
tigia the laws of our country, and cndca-
vooring to obtain, in a legal and peaceable
aMDDeTy the birthright of every Briton, viz.
an equal representation of the people in par-
liament: notwithstanding which, numbers
daily flock to the standard of liberty. We are
determined, in spite of all base opposition, to
persevere as we have begun in the good cause,
till we have obtained the desirable end, a re-
dress of our grievances.
** We sincerely think the cause is of God,
and tliat it would go on without our iuter-
fereoce ; but who can stand by an idle spec-
tator, and see our fellow-men struggling for
m in the cause of liberty, and not have a wish
to lend a helping hand hi Uic humane and
godlike work >
" We ardently and sincerely desire to be-
come instrumental in so good and great a
work, the cause of liberty, and of ail luaii-
kind, both present and future.
'* The grateful thanks of our society are
given to Mr. Jlurnc Tuuke, major Cart-
wright, Mr. Krhkine, and the rest of the !
members of the Constitutional SocieW for In- j
formation in lioiidon, for their nrm and '.
manly support and perseverance in our com- '
mon cause of lilK-rty and good-will to all man-
Jcind, and tUcir steady ]iurpose to obtain an ■
effectual reform in the legislative house of the I
people, the Coiniiions House of Parliament. (
** Our society requests the favour of your '
admitting the tol lowing twelve persons, whose j
mttM are subscribed^ to be inrolled members
VOL. XXIV. I
J of your society, fur the purpose of correspond-
int; with yours, and every other similar in-
stitution in the nation, for the better regulat-
ing our measures, and receiving instruction.
" Wishing you all the success your lauda-
ble undertaking de«crvcs, we arc, with sin-
cerity, your fellow citizens and friends,
" (Signed)
" John Meer, David Blair,
" John Kilmister, Thomas Clark,
" George Hill, sen. Timmins Nevill,
" John Kenrick, William Beard,
" James Dav}-, Thomas Hill,
*' James Luckcock, Benjamin Smith.
" Direct to George Hill, opposite the Foun-
tain, Lower Temple-street, or to John Ken-
rick, Grocer, Colmore'row.
« To Mr. D. Adams, Secretiry to
tlie Society for Constitutional
Information.
" Resolved, That the twelve members of
the Birmingham Society for Constitutional
Information, recommended in the said letter,
be admitted associated members of this so-
ciety.
'< Resolved, That the said letter, and the
election of the said twelve members, be pub-
lished in the newspapers, exclusive of their
names."
Mr. Garrow,-^! propose now to read the
answer of the Birmingham Society, dated 95th
March, 1793, to this communication of tho
Constitutional Society.
Mr. Thomas Maclean, — I found this letter
among Mr. Adams's papers.
[It was read.]
'' Birmingham, March Qr^th, \793.
*' Sir ; — At the request of the SDciely for
Constitutional Information, I herul)y acknow-
ledge the receipt of your letter ; whereby it
appears, that your society have acceded to our
request, by electing the persons, whose names
you were furnished with, as associated mem-
bers in your society ; for which wc beg you
to accept our united thanks and best wishes,
that your society may go on to accumulate a
mass of true patriot^, whose principles may
not be subverted by interest, or conquered by
fear.
<* This society oft'ers with gnililudc their
thanks and commendations to ilurne Tooke,
esq. for the present accoinpunyin<:yuur letter,
but more particularly fur his zeal in the caii.su
of freedom, which cannot be promoted hut by
the free use of the press, which we trust will
never be restrained from Britons. Another
letter accompanies this, containini; :i few
particulars, wliich wc doul)t not you will pe-
ruse with pleasure. Will write you further on
that subject shortly.— 1 am, ike,
[No Signature.] <* , sec.
[The followin!» entrirs were read from the
books of the Society fur C^nstilutioiial
Information.]
3 N
547]
S5 Q£ORG£ III.
Triai of Thomas Hardy
[548
" At a meetiiijg of the Society for Constitu-
tional Information, held at the Crown and
Anchor Tavern, Friday, 15th March, 1793,
" Present,
"'Capl. Tooke Harwood in the chwr.
« Mr. Balmanno, Mr. Kydd, Mr. Tooke, Mr.
Martin, Mr. Fazackerly, Count Zenobio,
Mr. Sharp, Mr. J. Williains, Mr. Bonney,
Mr.'Svflionds, Rev. Mr. Joyce, Mr. Holcroit,
Mr. Swainson, Mr. Banks, lord Scmpill,
Mr. Wills, Mr. Parkinson, Mr. BaHey, Mr.
Frost, Mr. G. Williams,
<< Read a Letter from the Constitutional
Society, at Sheffield, inclosing their resolu-
tions of the IStli of February last.
" Resolved, That the secretary be instructed'
to return the thanks of this society to the
Society for Constitutional Information, at
Sheffield, for their communication, and to
acquaint them, that this society perfectly
agree with them in their sentiments, with
respect to the calamities of war in general ;
and that they concur with them in thinking,
thai the thanks of the commuuity at large are
due to all those who have exerted themselves
to prevent the present war.
" Ordered, That the treasurer repay to Mr,
Frost sixty livres, paid by him at Paris, for
the translation of two addresses to the Na-
tional Convention of France.
'< Resolved, That the thanks of this society
be ^ven to Joel Barlow and John Frost, for
their conduct in the presentation of the ad-
dress of this society to the National Conven-
tion of France ; and that Mr. Frost be assured,
that our regard for him is not lessened, but
increased by the prosecutions and persecu-
tions which his faithful and due discharge of
that commission may bring upon him.
<' Ordered, That this resolution be published
io the newspapers."
" At a meeting of the Society for Constitu--
tional Information, held at the Crown and
Anchor-la vcm. Strand, Friday, 22d of March,
1793,
" Present,
** Mr. Symonds in the chair,
« Mr. Prost, Mr. Hull, Count Zenobio, Mr,
Tooke, Mr. Wills, Lord Scmpill, Mr,
Bonney, Mr. Kydd, Mr. Satcliell, Mr.
John Martin, Mr. Ausell, Mr. Holcroft, Mr.
Balmanno, Capt. T. Harwood, Mr. Parkin^
son, Mr. J. Williams, Dr. Kentish, Mr.
Margarot, Mr. Hardy.
<< Read a letter from the United Political
Societies of Norwich.
** Resolved, That the consideration of
the said letter be postponed till the next
meeting."
Mr. Thomoi Maclean. — I found this paper
in Mr. Adains*s house.
[It was read.]
" The United Political Societies of Norwich.
March 5fA, 179S.
'' Gentiemen ; — It is with peculiar satisfac-
tion, we arc favoured with your correspondence
(not merely because you are so, although you
are better fitted to diffuse knowledge) but be-
cause you are embarked in the same magnani-
mous cause, which demands with alacnty the
attention of every individual; and it is with
the utmost regret we see so many^ either from
ignorance, or something worse, who are
inimical to their own interest; for nothing
contributes so much to support the oppressor,
as the ignorance of the oppressed ; for which
purpose the flood-gates have been opened
gradually, till, by degrees, the streams of cor-
ruption have nearly overflowed the land:
such as bounty acts, borrowing, qualification,
and septennial acts, besides standing armies,
excise and tything laws, with various others
too painful for renection, without credit to the
framers thereof, and without advantage to
society. We do not presume to recapitulate
these- abuses for vour information, but being
loo experimentally acquainted with them, we
wish to find out a method of redress. At
present we see a great propriety in universal
suflBrage, and annual elections, but we beg you
will be obliging enough to inform us of what
you have collected of the sense of the people
by your correspondents. We have to mfonn
you, that our worthy Corresponding Societies
of London, have recently submitted three pro-
positions for our investigation. First, whether
a petition to parliament, or an address to the
king, or a convention.
" Permit us brietiy to state our views for
your revisal ; and with respect to the first, we
behold we are a conquered people. We have
tamely submitted to the galling yoke, and
resistance in the present circumstances ii
vain. We cannot act the man, and as neces-
sity has no law, we think ourselves under thai
degrading necessity to state our grievances te
the House of Commons, witli a request foi
redress, and should they refuse to grant oui
reasonable petition, we have still got (nc
thanks to them) a formidable engine, that wil
convc)' the insult to the remotest parts of thi
kingdom. As to the propriety of the second
we wish to submit to your superior judgment
and should esteem it a favour to be intormec
of the result ; for at present we are dubious o
its good consequences. Lastly, a convention
anuoh J that the period were arrived ! — ^bu
in the present state of afiairs, alas ! it*s im
practicable : yet this is the object we pursue
and esteem any other means only in subordi
nation to, and as having a tendency to ac
complish that desirable end.
" We wish to be in unison with our brethrei
and fellow-labourers, and should he glad o
any information as soon as it is convenient
anil we beg your advice whetlier it is necei
sary, as soon as possible, to collect signature
. to a petition for a real representation of tb
519]
^ High Treason.
pie, and by ivhom to present it, whether
If. Coke, Mr. Burch, or any of the Friends of
the People ; and whether it is attended with
toy expense. Our members are both inimical to
** We can give you no accurate statement
of the representation in our neighbourhood ,
oo^ observe, that it is equally farcical here as
elsewhere. To conclude, with united th
for all favours received, wishing you h
aid success, and may heaven avert-
We subscribe ourselves, gentlemen — ^Your
fery obliged humble servants,
(Signed) *• J. BaouonToy.
"Note. Please to direct to J. Brouchton,
8t MaryVchurch, Mr. Blake being no longer
our secretary.
• We have between thirty and forty sepa-
nte lodeties in Norwich, besides many in the
* Mr. b. Adams, No. 4, Tookc*8-
cmirt, Chancery-lane, London.*'
** At a meeting of the Societv for Constitu-
tiottl Information, held at the Crown and
Aocbor-tavern, Strand, Friday, 39th March,
1793,
" Present,
*' Capt. Tookc Ilarwood in the chair.
"llr.S^monds, Mr. Jennings, Mr. Hull, Mr.
Mtrtin, Lord Sempill, Mr. Bryant, Mr. Par-
kiiiion, Mr. Frost, Hev. Mr. Joyce, Mr.
Gay, Mr. J. Williams, Mr. G. Williams,
Mr. Holcroft, Mr. Banks,
• Resolved, That the consideration of the
letter from the United Political Societies of
Norwich, be deferred till next meeting.**
Mr. Garrow, — ^At the meeting of the 92nd
of March, the consideration of ttiis letter was
postponed; it was postponed at the next
nUKtiag ; and at the next meeting it is again
poMponed, which shows the deliberation rc-
quiied for preparing the answer.
[The following entries were read from the
books of the Constitutional Societyij
/* At a meeting of the Society for Constitu-
tional Information, held at the Crown and
Anchor-tavern, Strand, Friday, 5th April,
" Preseict,
'^ Capt. Tooke Ilarwood in the chair.
'' Mr. Tuffin, Ijord Uaer, Mr. Frost, Mr.
Ausell, Mr. Bonncy, Mr. Fitzgerald, Mr.
Martin, Mr. W. Sharpe, Mr, Tookc, Mr.
Kyckl, Mr. Hull, Mr. Moore, Hev. Mr.
Joyce, Mr. J. Williams, Mr. J. Cooper, Mr.
Hardy, Mr. Balmanno, Lord Sempill, Mr.
Wills,
" Hesolved, That the consideration of the
ktter from the United Political Societies of
Norwich, be postponed till the next meeting ;
sad that Mr* Frost be requested to prepare an
A. D. 1791. [550
« Resolved, That a letter be written to
Simon Butler and Ohvcr Bond,* esqrs., ex-*
prcssive of the high sense we entertain of
their exertions in the cause of freedom, and to
assure them, that we consider the imprison-
ment they at present suffer on that accouf t,
as illegal and unconstitutional.
'< The following letter was produced and
read.
^ To S. Butler and O. Bond,«sqro.
« Gentlemen ;— It is not easy for men, who
feel Strongly and sincerely, to convey those
feelmgs by letter. We therefore rely on
your conceiving for us much of that which we
are unable to express to you. We think,
however, that we shall be guilty of a jgreat
omission, did we neglect the opportunity of
sending you by Mr. Hamilton Uowan,+ the
honest tribute of our esteem and admiration,
for your brave and manly resistance to the
usurped jurisdiction of the Irish aristocracy.
<< Permit us to offer you our thanks, and
our grateful acknowledgment of your efforts,
in what we consider as a common cause,
while we lament our inability of proving our-
selves useful in your defence. Although we
are of different kingdoms, still we are but one
people ; and as the freedom of one continent
has spread its influence to Europe, so ou the
other nand, we are persuaded, that the esta*
blishment of despotism in Ireland, must end
in the slavery of Great Britain. But the liglit
of liberty is not confined to one shore, or one
latitude.
** We know tliat it is easier to admire than
to practise those virtues that tend to the. public
benefit.
** Yet so long as the exertions of a few
courageous men must influence the minds of
at least the independent and thinking part uf
the community, we are assured that their
labour is not fruitless. We trust, therefore,
the time will soon arrive, when the- abuse of
power in either nation, will have no other
consequence than the ruin of those who have
committed that injustice. We hope, and we
doubt not of soon seeing the day, when the
post of honour shall be no longer that of
obloquy and punishment; but when those
who nave risked their liberty and fortune in
the cause of their countrymen, may find pro-
tection in the undisputed, uninterrupted exer-
cise of trial by jury, with a full and adequate
representation of the people in parliament.
" Resolved, That the said letter be signed
by the chairman and secretary ; and that Mr.
liamiltou Rowan be requested to convey the
same to Mr. Butler and Mr. Bond."
* See the proceedings against them before
the House of Peers of Ireland for a breach o
Krivilege, inserted in the trial of Bond fb
igh treason, a. d. 1798, in this Collection
pott,
t See his trial for a seditious libel, ant^,
Vol.XXU,p. 1Q33.
551]
35 GEORGE III-
Trial of Thomas Hardy
[558
•* At a meeting of the Society for Constitu-
tional Id formation, held Friday, ISth April,
1793, at the Crown and Anclior Tavern,
Strand^
" Present,
<^ Mr. Christopher Hull in the chair,
" Mr. W. Sharpe, Mr. Home Tooke, Mr. J.
Williams, Mr. Parkinson, Mr. Frost, Mr.
Symondn, Mr. Campbell, Mr. Martin, Mr.
Reader, Mr. Gay, Mr. Vaughan, as one of
the committee of French siihscription, Mr.
Banks, lord Dacr, captain Harwood, Mr.
Balmanno, Mr. Holcroft, Mr. Hardy, Mr.
Chatfield.
<' Mr. Frost jead an answer (directed to be
prepared by him) to tlie letter received from
the United Political Societies in Norwich.
'< Resolved, Tiiat the said answer be sent by
tlie secretary to the secretary of the said
societies."
Mr. Thomas Maclean, — ^I found this paper
at Mr. Adams's.
[It was read.]
" Sir;— We have to acknowledge, with
great satisfaction, the letter which you fa-
voured us with, dated the 5th insrant, relative
to the most desirable of all other injects, the
reform of our parliamentary representation.
The honour you do us in supposing that we
are better fitted than yourselves for the pro-
motion of political knowledge, we must dis-
claim ; because we observe, with the greatest
pleasure, that our country correspondents
nave too much zeal and information to want
success in their public endeavours, whether at
Norwich, at Shefiield, at Manchester, or else-
where throughout the nation. In our sin-
cerity for the good of our country, we trust
that wo are all equal ; and as such we doubt
not of our ultimate success.
" \Vc sec with sorrow the existence of those
evils, which you so justly represent as the
streams of corruption overflowing this once
free and prosperous country'. We see with
surpri-ic and abhorrence, that men are to be
found both able and willing to support those
corruptions. It is however no small consola-
tion to tind, that others are not wanting in
every part of the nation of an opposite cha-
racter, who arc ready to remedy, by all lauda-
ble and honourable means, the defect in our
rcpresentiition, the usurped extension of the
duration of parliaments, and other grievances
6uch as you notice in your letter.
" That the constitution of England has no
more of th;it character it once possessed ; that
the suppo>ed democracy of the country has
become a matter of properly and privilege ;
and that wc have thcret6rc"no longer that
mixt government which our adversaries are
praising, when they know it is no longer in
our possession, are facts notorious and indis-
putable. Where then are we to look for the
remedy? To that parliament of which we
complain ? — ^To the executive power, which is
implicitly obeyed, if not anticipated in thai
parliament?— Or to ourselves, represented in
some meeting of delegates, for the especkl
purpose of reform, which we suppose you un-
derstand by the term, CONVENTION ?
'* It is the end of each of these proposltiona
that wc ought to look to ; and as success in a
good cause must be the eflect of perseversaoe,
and the rising reason of the time, let us detCTi
mine with coolness, but let us persevere witfa
decision. As to a Convention, we regard St
as a plan the most desirable and most pnc-
ticable, so soon as the great body of the people
shall be courageous and virtuous enough to
join us in the attempt. Hitherto wc have |U)
reason to believe that the moment is arrived
fur that purpose. As to any petition to the
crown, we beUeve it hopeless in its
quenccs. With respect to the last of voux
proposals, wc are at a loss to advise. If the
event is looked to in the vote which may be
obtained from that body to whom the petition
is to be addressed, which of us can look to it
without the prospect of an absolute negative I
In this point of view, therefore, it cannot re-
quire a moment's consideration. But if we
regard the policy of such a petition, it may, in
our apprehension, be well worth consideping
as a warning voice to our present legislators,
and as a signal for imitation to the majorltjoi
the people. Should such a plan be vigorously
and generally pursued, it would hold out a
certainty to our fellow-countr^'men, that we
are not a handful of individuals unworthy of
attention or consideration, who desire the
restoration of the ancient liberties of England ;
but, on the contrary, it might bring into light
that host of well-meaning men, who in the
different towns and counties of this realm are
silently but seriously anxious for reformation
in the government. We exhort you with
anxiety to pursue your laudable endeavours
for the common good, and never to despair ol
the public cause.
[N o Address.] " We are, &c.»
Mr. Garrow, — ^ly lord, from the content!
of this paper, we slate it to be the draf\ of a
letter prepared by Mr. Frost, referred to in the
last resolution read.
I-onl Chief Justice Eifrc. — ^You have given
no evidence of the hand-wriling of thii
paper.
Mr. Garrow. — No, I have not. I produce
it merely as being found in the possession of
Adams, the secretary to the Society for Con-
stitutional Information. I will now put intc
court the letter actually sent, which was found
in the possession of the secretary to the Nor-
wich Society. It is dated, " Socitty for Con-
stitutional Information, London, 15th April,
179 J, signed by order, in the namo of the
Society for Constitutional Information, D«
Adams, secrcUry,'' and addressed " Mr. J.
Broughton, secretary to the United PolitiGa]
Societies, Norwich.*^
55SJ
fir High Treason,
A. D. 179*.
[554
^ Society for Constitutional Information.
<' London, 15th ApHl, 1793.
«* Sir ; — We have to acknowledge with great
satisiaction the letter which you fovoured us
with, dated the 5th instant, relative to the
most desirable of all other objects, the reform
of a parliamentary representation. The ho-
nour you do us in supposing.that wc are better
fitted than yourselves for the promotion of
political knowledge, we roust msclaim; be-
cause we observe ^ilh the greatest pleasure,
thai our country correspondents nave too
much zeal and information to want success in
ibeir public endeavours, whether at Norwich,
at She/field, at Manchester, or elsewhere
throughout the nation.
** In our sincerity for the good of our coun-
try, we trust, that we are all equal, and as
such we doubt not of our ultimate success.
** We see with sorrow the existence of those
evils, which you so justly represent as. the
streams of corruption overflowing this otice
free and prosperous country. We see with
surprise and abhorrence, that men are to be
found both able and willing to support those
corruptions. It is however no small consola-
tion to find, that others are not wanting in
every part of the nation of an opposite cha-
ncier, who are ready to remedy, by all lauda-
ble and honourable means, the defect in our
sepresentation, the usurped extension of the
mmtion of parliaments, and other grievances
such as you notice in your letter.
*^ That the constitution of England has no
mon of that character it once possessed, that
the supposed democracy of the countiy has
become a matter of property and privilege,
and that we have therefore no longer that
mizt government which our adversaries are
praising, when they know it is no longet in
our possession, are facts notorious and mdiv
putable. Where then are we to look for the
remedy? To that parliament of which wc com-
plain ? To the executive power which is im-
plicitly obeyed, if not anticipated in that pai^
liameut? Or to ourselves, represented in some
meeting of de.leu:ates for the especial purpose
of reform, which we suppose you unoerstand
by the word CON VKN "HON ?
•* It is the end of each of these propositions
that wc ought to l(»ok to ; and as success in a
good cause must be the effect of perseverance,
and the rising reason of the time, let us deter-
mine with coolness, but let us persevere with
decisiion.
" As to a Convention, wc regard it as a plan
the most desirable and most practicable, so
soon as the ^rcat body of th<' people shall be
courageous and virtuous enough to join us in
the attempt. Hitherto we have no reason to
believe tliat the inouien^ is arrived for that
purpose. As to any petition to the crown,
we believe it hopeless in its consequences.
With respect to the last of your proposals, we
are at a loss to advise. If the event is looked
to in the vote which may be obtained from
that body to whom the petition is to be ad.
dressed, which of us can look to it without
the prospect of an absolute negative ? In this
point or view therefore it cannot require a
moment's consideration. But if wc regard
the oo/ir^ of such a petition, it may, in our ap-
prenension, be well worth considering as a
warning voice to our present legislators, and
as a signal for imitation to the majority of the
people. Should such a plan be vigorously
and generally pursued, it would hoM out a
certainty to our fellow-countrymen, that we
are not a handful of individuals unworthy of
attention or consideration, who desire the
restoration of the ancient liberties of England;
but, on the contrary, it might bring into light
that host of well-meaning men, who in the
different towns and counties of this realm are
silently but seriously anxious for ia reforma-
tion in the government.
'* We exhort you with anxiety to pursue
your laudable ciKlcavours for the common
good, and never to despair of the public
cause.
** Signed by order, in the name of the So*
ciety for Constitutional Information,
" Took's Court, « D. Adams, sec.»^
ICth April, 1793."
Addressed, " Mr. J. Bnnighton, secretaiy
to tlie United Political Societies, Norwich."
Mr. James Walsh sworn. — Examined by Mr.
Garroto,
Did you execute any warrant for the pur-
pose of apprehending Mr. Isaac Saint, at Nor-
wich, the secretary of the Constitutional So-
ciety there? — I did not; but I was present
when it was executed.
Did you see any papers seized ? — I seized
them myself.
Did you put your name upon them ?— I did.
Is this one of the papers you seized there ?
—It is.
[The following entries were read from the
Books of the Society for Constitutional
Information.]
'* At a meeting of the Society for Constitu-
tional Information, held at the Crown and
Anchor tavern, Strand, Friday, 25th October
1793,
" PRESENT,
. Mr. Bryant — in the chair,
« Count Zcnobio, Mr. J. II. Tookc, Mr. Sin-
clair, Mr. Alexander Wills, Mr. llolcroft,
Mr. G. Williams, Mr. Balni.inno, Mr. Spe-
cial, Mr. Uutt, Mr. Chatficld, Mr. Ausell,
Mr. Wardle, Mr. Kydd, Mr Harrison, Mr.
Martin, Mr. Fitzgenild, Mr. Hardy, Mr.
Margrarot, Mr. Hull, Mr. J. Williams, Mr.
licnjamin Cooper,
<' Mr. Sinclair read a letter, with an address
from Mr. Skirving secretary to the convention
of the Friends of the !*eople in Scotland, to
Mr. Hardy, secretary to the London Corres-
ponding Society.
556]
35 GEORGE HI.
Trial of Thomas Hardif
[350
« Resolved, That an extraordinary ceneral
meeting of this society be called for Monday
next at the Crown and Anchor tavern, at six
o'clock in the evening, to consider of the uti-
lity, and propriety of sending delegates to a
convention ot delegates of tlie different socie-
ties in Great Britain, to be held at Edin-
burgh, for the purpose of obtaining a parlia*
mencary reform.
" Resolved, That the substance of tlie
motion be inserted in the letter/'
Mr. G arrow, — Before the next entry is read
perhaps it will be convenient that I should
put in the original draft of these instructions,
as there are several material alterations.
Mr. Daniel Adams. — Examined by Mr.
Garrow.
Look at that letter, and state whether that
is your signature ? — ^It is.
In whose hand-writing is the letter ?-^My
own.
The whole of it is in your own hand- writing?
^Yes.
Look at this other paper, are these the in-
structiuns, which were originally prepared fur
the delegates upon which your entry is after-
wards made ?— I cannot talce upon me to say
that, from the length of time.
Tliis was found among your papers we have
heard ?— Yes.
What do you take that paper to be?— I
should not know it but from my own hand-
writing attlte bottom,— I should not know it
to be the same otherwise.
Look at it— Do you believe it to be an
original minute, prepared for the purpose of
bcin^ transcribed into the book of the society ?
—I do nut know it for any other reason— here
are a vast many interlineations which I cannot
bring to my recollection at all.
It was a paper you were afterwards to trans-
cribe into your book?— It appears hke a pa-
per I was to transcribe ; tliere are a great
many interlineations in it.
^Ir. Erskinc. — Can you venture to give
any thing like a distinct account of how that
paper came to be so interlined as it is now ?—
I cannot.
Mr. Erskine.—^or can you tell whether
that was given to you for the purposes of in-
sertion, but that it was so obliterated that you
were obliged to make another copy ?— That I
cannot tell.
Mr. G a rrov.— Supposing that paper to
agree with your fair transcript, should you
believe then, that that is the paper which you
transcribed fairly into the minute?
Lord Chief Justice Eyre,— Thai is reason-
ing hmi into a belief; if he has any recollec-
tion upon the subject very well ; if he has not
you must not argue hiin into a belief of it.
"-Tliis is a paper which purports to be a rough
draft of instructions, with considerable inter-
lineations, and the paper that is in the book
corresponds witli the draught so interlined ;—
there let it stand. — ^Do ^'ou know the liand-
writing of the interlineations ?— I do DOt»
[The Instructions read.]
'< At an extraordinary g;eneral meeting of
tlie Society for Constitutional Information,
held at the Crown and Anchor tavern. Strand,
Monday, 28th October, 1793,
" PRESENT,
^ Mr. Sinclair in tlie chair,
^ Mr. Satchell,Mr. Martin, Mr. Special, Mr.
I'arkinson, Mr. J. T. Rutt, Mr. Ilardy, Mr.
Fitzgerald, Mr. Wills, Mr. Richtcr, Mr. J.
Williams, Mr. Chatfield, Mr. Fawcett,
Mr. Margarot, Mr. G. Williams, Mr. War-
die, Mr. Jennings Mr. Holcroft,
<* Read, addresses to the Friends of the
People of parliamentary reform, signed by
Mr. Skirving, secretary to the General Con-
vention at ^inburgh.
" Resolved, That this society do send de-
legates to the ensuing convention, to be held
in Edinburgh, for promoting a reform in par*
liament.
*' Resolved, That two members of this
society be elected as delegates to the said
convention.
<< Ilcnry Yorke, Charics Sinclair, and John
Richter, were proposed.
" Resolved That the said gentlemen be
now ballotted for. The society proceeded to
ballot accordingly, when Charles Sinclair, axid
Henry Yorke, were elected.
'* Mr. Sinclair being present, accepted of
the said office of one uf the delegates.
" Resolved, That should either Ilcnryi
Yorke, or Charles Sinclair, be prevented from
accepting the delegation to the convention of
delegates at Fxlinburgh, John Richtcr be ap-
pointed to fulfill that ot]^ce.
" Resolved, That John Williams be re-
quested to obtain the necessary information of
Ilenry Yorke, and communicate it to the se-
cretary.
" Mr. Sinclair being requested to quit the
chair,
" Resolved, That Mr, Fitzgerald be called
to take the chair,
•* Resolved, That the secretary do deliver
to the delegates, appointed by this society to
represent them in the convention at Edin-
burgh, copies of the proceedings of the asth.
and 28th instant, by which they are appointed
to that ofiice.
Instructions to the Delegates,
« The Delegates are instructed, on the part
ofthis society, to assist in bringing forward
and supporting any constitutional measures
for procuring a real representation of the Com-
mons of Great Britain, in Parliiunent That
in specifying the redress to be demanded of
existing abuses the delegates m^i iwverto k
sight of thctwo essentiaTprimapIes^fBiiml
fragc and annual reprcscntation^lr— •'"^
*7J
Jeer High Treason.
A. D. 1794..
L558
the unalienable riehtinthc people to reform,
and that a reasonable and known compensation
ou^ht to be made to the representatives of the
nation, by a national contribution.
" That the dele^tes do punctually corres-
pond with the society, for the purpose of com-
municating information, and of receiving such
farther instructions as the exigency may re-
quire.
*^ Resolved. That the above be the direc-
tions to the delegates.
" Resolved, That seven guineas be allowed
to each of Uie delegates fbr travelling, and a
sum not exceeding three gjuincas per week,
each, be allowed them during the sitting of
the convention of delegates,- and that a sub-
scription be now opened for that purpose,
and that the secretaiy be requested to receive
the same.
<< Resolved, That the proceedings of Fri-
day, the S5th, and Monaay, 28th, October
1793, be signed by the chairman and secretary.
" Resolved, That the secretary be re-
quested to write to the different societies witli
which this society is in correspondence, in-
forming them that the London Corresponding
Society, together with this society, have
elected delegates to the convention of dele-
gates, to meet at Edinburgh on the Soth inst.
and to request their concurrence to this impor-
tant measure."
[Mr. Garrow pointed out to the Court, the va-
riations between the rough draught, and
the instructions as finally adopted.]
[Copy of the rough draught.]
^* The delegates are instructed on the part
of this society, to assist in bringing forward
any petition or petitions to the llousc of Com-
mons, for the purpose of procuring an inquiry
in the said House, into the state bfthe repre-
sentation of the Commons of Great Britain in
parliament. That they shall also demand in
such petition or petitions, a specific remedy
lor the past, present, and possible abuses, in
the present system of representation, and an
avowal of the right of eternal reform. That
in specifying the principles upon which re-
dress ought to be tlemanded, the delegates
have particular relation to those expressed in
^r. Pitt's speeches, before he was a placeman:
in the duke of Richmond*s letter to col. Shar-
man, before he was a minister; in Mr. Flood's
speech, upon his motion for a reform in par-
liament ; but above all, in the constitutional
strictures, contained in the defence of John
Home Tookc, at the suit of Charles James
Fox, in an action for debt. And that the de-
legates do demand a ri^ht of voting for mem-
bers of parliament, in (avour of all persons not
infants, paupers, lunatics, placemen or pen-
sioners. That voting ought to be only in the
places or districts of the residence of the
voter. That the time of election ought to be
vcrj' short, and the collecting the votes be
made in as many different pla^ in a district
At OQce, as may be T:onvcQicQtly and accurately
taken ; but above all, that the duration of par*
liament ought to be annual. And that a rea«
sonable compensation ought to be made by a
national contribution to Uie members of the
parliament.
«* That the dele^tes do punctually corres-
pond with the society, for the purpose of re-
rceiving farther instructions, as the exigency
may require.
** Resolved, That these be the directions
to the delegates.
" Adjourned to Friday next."
[Copy of the Instructions as finally adopted.]
^ Resolved, That the following be the di-
rections, to the delegates :
** The delegates are instructed on the part
bf this society, to assist in bringing forward,
and supporting any constitutional measures,
for procuring a real representation of the
Commons of Great Britain in parliament.
That they shall also demand a remedy for the
abuses in the present system of representa-
sion. That in specifying the redress to be
demanded of existing abuses, the delegates
oujght never to lose sight of the two essential
principles, general sumee and annual repe-
sentation, together with tne unalienable right
in the people to reform. And that a reaaon-
sbleand known compensation ought to be
made to the representatives of the nation by a
national contribution.
^ That the delegates do punctually coiret-
pond with the society, for the purpose of cooh-
municating information, and of receiving such
fiirther instructions as the exigency may re-
quire.
" Adjourned to Friday next."
[The following entries were read from the
books of the Society for Constitutional
Information.]
'' At a general meeting of the Society for
Constitutional Information, held at the Crown
and Anchor tavern, Strand, Friday, 17 th of
January, 1794,
" PRESENT,
^ Mr. John llornc Tooke in the chair,
'* Mr. Sharp, Mr. Gerrald, count Zenobio,
Mr. John Pearson, Mr. Wills, Mr. J. Wil-
liams. Dr. Edwa^s, Mr. Bonney, Mr.
Chatfield, Mr. Harrison, Mr. John Martin,
Mr. Fitzeerald, Mr. Stock, Mr. Satchell,
Mr. Sinclair, Mr. Kydd, Mr. Banks, Mr. G,
Williams, Mr. Wardle, Mr. Watts, Mr.
Richter,
" Resolved, That law ceases to be an object
of obedience whenever it becomes an instru-
ment of oppression.
" Resolved, That we recall to mind, with
the deepest satisfiiction, the merited rate of
the infamous Jefferys, once lord chief justice
of England, who at the era of the glorious re-
volution, for the many iniquitous sentences
which he had passed, was torn to pieces by &
brave and injured people.
559]
35 GEORGE UI.
'< Resolved, That those who imitate his
example, deserve his fate.
<< Mr. Tooke having lefl tjie chair. Re-
solved, that Mr. Geirald be called to the
chair.
" Resolved, That the Tweed, though, it
may divide countries, ought not, and does
not,, make a separation between those prin-
ciples of cummou sever Uj^^ in which Knglish-
meiiand Scotchmen arc equally interested;
that injustice in Scotland, is injustice in Eng-
land, and that tlie safety of Englishmen is
endangered, whenever their brethren, in
Scotland, for a conduct which entitles them
to the approbation of all wise, and tlie support
of all brave men, are sentenced to Botany
Bay, a punishment hitherto inflicted only on
felons.
** Resolved, That we see with regret, but
we see without fear, that the period is fast
approaching when the liberties of Britons
must depend not upon reason, to which they
have long appealed, nor on their powers of
expressing it, hut on their firm and undaunted
resolution to oppose tyranny by the same
means by which it is exercised.
" Resolved, That we approve of the con-
duct of the British Convention, who, though
assailed by force, have not been answered by
argument, and who, unlike the members of a
certain a.ssembly, have no interest distinct
from the common body of the people.
** Resolved, That a copy of the above rcso.
lutions be transmitted to citizen William
Skir\^ing, secretary- to the British Convention,
who is now impri<!ioned under colour of kw in
theTol»)ooth ol Edinhurj^h.
" Resolved,' That tlie resolutions now
passed be published in the newspapers.
" Resolved, That the rcsulutions now !
passed be signed by the chairman and secre-
tary."
Mr. Erskine, — I see Mr. Hardy was not
tlierc.
Mr. Garrow, — No, but there was a leltor
read from Mr. Hardy, which letter was read
this morning, accompanying the copy of
Margarot's indictment,* and stating tliat an-
niversary dinner of the London Corresponding
Society.
** At a meeting of the Society for Consti-
tutional Information, held at the Crown and
Anchor tavern, Strand, Friday, 2 1th January
1794,
" PRESENT,
" Mr. John Pearson in the chair,
" Mr. Home Tooke, count Zcnobio, Mr. Frost,
Mr. Bonncy, rev. Mr. Joyce, Mr. J. Wil-
liams, Mr. Stork, Mr. Banks, Mr. Rutt, Mr.
Bonham, Mr. Kydd, captain Gawler, Mr.
Wardle, Mr. HolcrofL Mr. Jennings, Mr.
Watts, Mr. John Martin.
*^ A motion was made, that it be
« Resolved, That the oMHt excellent ad-
Ttial of Hiomoi Hardy [560
I dress of the London Correspondinc Society,
be inserted in the books of this socieW, and
that the King's speech to His * parliament
bo inserted uNOEa it. — In order that they may
he always ready, for the perpetual reference
of the memliers of this society, during the
continuance of the present unfortunate war;
and that, in perpctuam rei memoriam, they
may be printed together, in one sheet, at the.
Happy conclusion of it ; which happy condu-'
sion, according to the present prosptrou* aiH
pcarances, we hope and believe not to he
many mouths distout.
^' * An amendment was moved, 'That
' between the words His and Parliament, the
' word Honourable should be inserted.'
'' Honourable was withdrawn.
*^ Another amendment was then moved,
' That between the words His and Parliament,
' the word Faithful should be inserted.'
" Faithful was withdrawn.
'' And it was unanimously resolved, < That
' His, and His only, is the proper epithet for
' parliament upon the present occasion.'
'< llie resolution then passed unanimously^
in its original form.
<' Resolved, That the London Correspond-
ing Society have deserved well of their
country.
" Resolved, That the secretary be ordered
to cause forty thousand copies of the address,
the speech, and these resolutions, to be
printed on one sheet, and properly distributjed
in England, Scotland, and Ireland.
<< Hesolved, That these resolutions be- pub-
lished in the newspapers.''
'* At a meeting of the Society for Consti-
tutional Information, held at the Crown and
Anchor tovern, Strand, Friday, 7th of Fe-
bruary, 1794,
" PRESENT,
" Dr. Kentish in the chair,
" Mr. J. H. Tooke, Mr. Bonney, Mr. Bryant^
Mr. Arthur Blake, Mr. Wills, Mr. Sharpe,
Mr. Weldon, Mr. G. Williams, Mr. Green,
Mr. J. Pearson, Mr. John Martin, Mr,
Thompson, M. P. Mr. Wardle, Mr. J,
Williams, rev. Mr. Harris, Mr. Parkinson.
" Ordered, That tlie resolutions relative to
the address of the London Corresponding
Society, imsscd at the meeting on the 94th of
January last, be sent to the Edinburgh Ga-
zettecr for insertion.
" Ordered, That a copy of the said resolu-
tions of the 24th of January, be sent to the
secretary of the London Correspondine: So-
ciety,"
*' At a meeting of the Society for Consti-
tutional Information, held at tlie Crown and
Anchor tavern, Friday, 7th of March, 1794,
** PKESENT,
" Mr. Sharpe in the chair,
" Mr. Gftwkr, rev. J. Joyce, Mr. Bobdcj,
set] Jbr High Treason.
Mr* Blake, Mr, Tooke, Mr. Wills* Mr. G.
Wilfiiriis Mr. Siitr,heJl, Mr, WardK Mr.
irk, Mr Hull, Mr. Uolcroft,
I. Mr* Thomps<jn. Mr. Hull,
|)lr, J. Williiims, Mr. Beck, Mr. Banks,
f%lT. H: Campbc'l), Mr. FawceU.
Ui*it he would, at
li icly»move tliatlwo
lid U: i>iieoed i one of them (bound
m which shall be entered dJ the
jse who de8€r\'e the censure,
, the merits of those who de-
le of the society.*'
At ^ of the Society for Constitu-
niiioa^ held t&i the Crown and
«:rn, Strand, Friday, 2«th of
*• Mr. John Pearson in the chair,
H. Tooke,Mr Ronney, Mr. Hull, Mr,
Aiutt Shiirpe. Mr. WilJ^ Mr. Wardle,
j^r r. .,...., jvir. Kvdd, Mr. J. Williams,
A. D. 17^1-
[562
Mr. Tiiorapsoii, Mr. Scott,
, Mr. Beck, Mr. Parkinson,
Mr. Stark, Mr. Moore, Mr.
'
Banks,
''Resolved, That an address be sent from
thi* liocieiv to Messrs. Mulr, Palmer, Skirving,
^i rrald.
: afHrcss was pro|>osed by
Mr, Jo> 'T uir, Palmer, Skirving,
ilarp: ::
I oilow Citizens ;— Although
V ' been the ^lileut, yet we
^T(! i>y iiu ui^iias beea ttic unconcerned
iMctators of your conduct and suil'erings.
*t ' ' roved of your exertions
k': i I jcss; we have marked,
• f ry bti!|> that your
1 you to your pre*
Luifs are the trie-
litTly: — tiie men who are
' the [nt{)[>me^s ul mankind,
— ; in whitli you iinharked, and to
i-ive b«nic an honourable tesli-
»«JttjF, ih worthy o( every exertion, and its
anrr tn t!i^ \«^orld too great to expect
it without oppof^ition.
<t' liberty, lor whose sake
iirriicd exile,
', Ihatcon-
i^ ti> tlic same
runsolation thiit
-li,
rr*,
but
tiur
evail ;
r
we join e%'cry friend to
what you bare al*
1 h unifioiis hearts rh-
ness are limited to no place, but are aa cx^
tensive as the dominion of Gud . — ooder the
proieclion of lliat Great Being amy you,
all times, and in all places, feel Uie plcasun
that arises from conscious integrity.
*' Fellow citizens, we a<i<»iire yo\i, that 1
memory ofyuur virtues shall never be iftkced
from our breasts; the cause for wtiich yoc
have struggU-'d, is a glorious cause; I he worl4|
that has witnessed your exertions, shall mX/^\
ness our» also. — A full and fiiir represcntatioi|>J
of the people of Great Britain we seek, witlLJ
all the ardour of men and Britons; for the
sake of which we are not only rea/!y to act J
with vigour and unanimity, but, we tniMt^l
prepared also to suffer with constancy, |
"Our best wishes will c%*cr attend yonj]
and we do believe that the day is not vcry.i
distant when we shall again receive you, oaj
British shorciis, the wetoonic children of a frer]
and HAFPY country.*'
*' Resolved, That Uie s?^mc be sent to
Messrs. Muir, Palmer, Skirving, Maigaroty
and Gerrald. ^
'' Ordered, That tlie said addresa be pub«
lishcd in the newspapers.
" Mr. Joyce guvc notice, that lie would,
on Friday next, brint; forward a motion relii-
tive to ihe speech of Mr. Dundas, on Tuesday
last, re>pccting the introduction of Scotch law
in England.
'< Head a letter from the London Corre^
ponding Socirty.
** Resolved, That the same be etileicd on
the books of this society,
March S7/^, 1704,
" To the Secretary of the Society tor Coa-
slilutional Information.
'* Citizens; — ^1 am directed, by iije London
Corresponding Society, to transmit tlie follow-
ing rcsoliiliuns to the Society for Conslitti*
tioaal Information, and to request the senti-
liienis of that society, respecting the imi>or-
tant measures which the present juncture of
affairs seems to require.
** The London Corresponding Society con-
ceives, that the moment is arrived when a full
and explicit declaration is necessary from all
the friends of freedom, — Whether the late
illegal and unheard-of prosecutions and sen-
tences shall determine us to abandon our
cause, or shall excite us to pursue a radical re-
form, with an ardour proportioned to the
magiuLude of the object, and with a iffaJ at
diittHf^inshrd, on tmr purt'*, as the tfcuchery of
uihen^ in the same gloiious cause, is nutorkmA,
The Sociely iur Cou^sUlutionai Liiformatiuii i$
llitrtforc required to dcturiuinL', whether or
no they will be ready, when called upon, to
net in conjunction with thi^and other societiea»
to obtain a fuirreprcHcntationof the peopIe.^ —
Whether they cone ui with us in seeing the
necessity of n npetdif C0nv€ntt0n, fur the pur-
pose of obtaining, in u ■ ' " I L^
method, a redr^M of ler
which wCj at prciOlt, iarx>ur, ana wnxLii am
sr O
663] 35 GEORGE III.
anly be tffecUially removed by a AUl and fair [
reprcseDtaiioft ot the People of Great Britain,
Tbe London Corresponding Society cannot
but remind their friends, that the present
crisis demands ail the pnidence, unanimity,
and vigour, that ever may or can be exerted
by MiiSf ond Brtlwis; nor do they doubt, but
what manly firmness and constancy will
£ na i ly , and ti icy beli eve slior tly , ten m i n a t t
in the full accomplijjhroentof all their wishes.
I am, fellow citizen (in my humble meafurej,
a fnend to the rig h La of luan,
(Signed) " T. Uakdy, aecrelafy.*'
" Resolved unanimously, 1 si, That dear as
Justice and LiBcitTY are to Britons, yet the
value of them is comparatively &mall, without
a dependence on their permanency ; and there
can be no security for the continuance of any
liightf but in TfjrAL L^ws,
** 2nd, That equal laws can never be ex-
pected^ but by a full and fair repre&enlaliott of
the people*^ — To obtain which, in the way
pointed out by the conslltution, has been and
IS the j^!e object of this socit ly. — For this we
are ready to hazard every thing; and never,
but with our hvc^, will we reliaqnishan object
which involves^ th(.' happint'Sis, or even the poll'
tical existence of ourselvet* and posterity-
" 3rd, That it is the decided opinion of this
society, ihatp to ^enre ourselves from future
illegal and scandalous prosecutions, to prevent
a r^ petition of wicked and ut^fust sentences^
and to recall those wise and wholesome laws
th;tt have been wrested from us^ and of wiilch
scarcely a vestige remains ; there ought lo be
hnfttt'diatcl}/ ii Cokvektion of the Plople, by
dtilegult!*, deputed for thatpurpose, from the
different societies of the Friendi of Fretthin^
.assembled in the various parts of this nation.
And we pledge ourselves to the public, to
pursue every Ic^al method speedily to accom*
Trial of Thomas Hardy
[Wk
Joyce, Mr* J. William n, Mr* Wardle, Mr-
Uardy, Mr. Hokroft, Mr, W. Sharpe, Mr.
Beck, ;Mr. Kyddj Mr. Banks, Mr, Riehter,
" llead a letter from the committee of the
London Corresponding Society, aeouaintin|;
this society that theyliad deputed Matthew
Moore, John Baxter, John Thelwall, Richard
Hodgson, and John Lovelt, lo hold a con-
ference wilh the members of this society.
*' Mr. Moore, Mr. Thelwall, Mr. Hodgson,
Mr Lovetl, and Mr. Baxter^ attended from the
Loiidon Corresponding Society.
'^ Resolved, That a delegation of five mem-
bers of this society be appointed to meet the
members deputed hj the London Correspond-
ing Societj\
'* Resolved, That Mr, Sharpe, Mr. Jaye^
Mr. Wardle, Mr. Holcrof^ and Mr. Kydd, be a
deputation to confer with the deputies of the
Corresponding Society.
" Resolved, That there be appointed a com*
mil tee of correi^pondence of the members of
this society.
** Hesolvetl, That Mr. Joyce, Mr. BonacT,
Mr. W. Sharpe, Mr. J, Pearson, Mr. Tooki,
and Mn Wardle, compose the commiiiee.'^
" At a meeting of the Society for CoD^tittv
tianal Information, held at the Crown and
Anchor tavern, Strand, Friday, April it, 1194^
** Present,
" Mr, Joyce in the chair,
« Mr, J. Williams, Mr. Tooke, Mr. J. Pearsoo,
Mr. Symond?^, Mr. !JuU, Mr. Wardle, Mr,
Milner, Mr, Kyd, Mr. Wills, Mr. Thelwall,
Mr, Scott, Mr. Thompson, Mr. G. Wiliams,
Mr. Hokroft, Mr. Chatfield, Mr. Beck, Mr.
Hardy, rev. Mr. Mace wen (.Dundet)^ Mr.
Fawcctt (Fiincrti$t4ant)^ Mr. Jennicp^
Mr. Richter,
for High Treason,
between the Iwo societies were
urihe purpose of holding personal
nnwith such members of similar
ther parts of tlie country* us may
ii'C in LuDdon^ and wbu nmy be
Ibeir respective societies to act
-oinmiUees,"
3IB0
CO-'
est
coil
*' Read the following letter from the sccre*
Uiy Xo the London Corresponding Society.
« April 10, 1794,
Citizen ; — I aro ordered by tlic committee
^ delegates of the London Curfespondiug
S^iety, to inform the Society for Constitu-
tioMJil Information, that Ihcy approve of the
Tc^ ' f the commi tlce of cunferencc.
d the Ix»ndon Corresponding
S«-j chosen Matthew Moore, John
Tj lin Baxter, Richard Hodgson, and
Joini i.vv.ji» to put in nractice immeiliately
the teoood and third resolutions of that com-
mittee,
(SigncO) ** Thomas Hardy, secretary.
" D* Adams, secretary to the Society for
Constitutional Information/'
** Resolved, That the report of the com-
millee of delegates from the London Corres-
ponding Society, and of tliis society, be entered
la the books of this society.
** 1*1^ Refei:Jved, That it appears to this
cty very desirable, that a t^cneral meeting
tV "" its of hberty shonid be called » for
of lakni^ into con s^i deration the
tj ' f niniiods of obtainmg a full and fdir
rcprcH nt^tion of the people.
,.! !fr..oKrd That it appears to this
ral object wiU be much
11^ committee otVo-opera-
-hcd, for the purpose of hold-
j). imunication with such mem*
kf? ul ^itiular societies in other parts of the
cguntry h» may occasionally be m London,
Ud who may be aulborizcd by their respective
KKietfes to act with committees.
" ' 'icsolvcd, That the committee of
cv nee already appointed by this
fti ^^- rnmmillcc for co-operation
ii I lion with the commiltees of
A. r. 179t.
[56ff
I, That the secretary be desired to
I r h) tJif' l/)ndon Corres ponding
'liem with the members
i^d to confer with tliem.
Ill Mr Joyce be requested to
fsre of secretary of the com-
• nee.
, I resent^ accepted of the
' V : M rijnir of the Society for Constitu-
t' 1 licld at the Crown and
AijitjL: 1, Friday, May 9, 1T(>4,
^' riu>LN r,
" Mr. Wardle hi the chair,
*'llr llnii Mr J H. Tooke, Mr. fmi, Mr.
W, Sharpe, Mr. J. Pearson. Mr, IIodg;M>n,
Mr. Joyce, Mr. J. Williams, Air* Savage»*
Mr. Chalficld,
*• Read a letter from Mr. Muir, on board
tlie Surpri/^ transport, in answer to the address
of this socieiy.
« Kcsulved, That the same be entered in*
the books of the society,
" Read a pamphlet, containing certampro*
cceduigsof tnc Lijndon Corresponding Society^
and of this society,
'=* Resolved, I'hat two thousand of the same' \
be printed by this stwriety.**
Mr. Madcun, — I found this printed pam-
phlet at Mr. Adams's,
Mr* Gnrrow, — This is one of the pamphlets
which tlie last resolution of the Constitutional
Society directed to be published, and which
was found in the possession of the secretary
to that society. The letter of the 27lh of |
March 1791 is iatrotluctory to this ; that is, a
letter from the Ivondon Correspondinif Society
to the Society for Coastitiuional Information,
with their resolutions enclosed ; they have
been read beibre,
Mr. Enkine.—^rim letter having bccrr^
already read, I sliunld be sorrj^ to insist unon 1
the Court and .Fury hearing* it again, nut!
when parts of papers arc read, otiicr PWtf I
may bo out of recollection ; thouj;h your lord^ j
ships and [ may havr u recoHection of it, the ]
jury may not: I cannot tell whether every j
boJy else will form the same opinion of my
case that 1 do, otherwise I should not be ai>*J
prehenstvc of any thine.
I\!r. Ga/TOtt'.^The nrst thing is the Ictt^r^
and the resolutions of the 27tn of March,
which have been read,
[The following extracts were read from tbrfJ
printed p^iuiph let produced by Mr. Maclean.]
** Proceedings, &c. of the Society for Consti^
tutional Information.
** Socittif for Constitutional Information ,
London^ March 28, 1794.
'* Resolved, That the following address I
sent to Messrs. Muir, Palmer, Skirving, Mm
garot, and Gerrald :
'* Friends and Fellow Citizens j — Although"'
we have hitherto been the sUent, yet we
have by no means been the unconcerned spec-
tators of your conduct and sntlcrni£;s. Wc
have seen and approved of your exertions for
>our cunntry*s happu»es§— We have marked
with honest indignation, every step that your
enemies have taken to bring you to yuur
present Mtnation. Your enenncs are the
enemies of Prnur Lidlrty, the men who
are conspiring ai^ainst the Imppiness of man-
kind. The eau5^c in whicli you arc euibiirked^
and to which you have borne an honourable
testimony, is worthy of evt?ry excrtiun, and
its iroportimce tu the world too greut, to ex-
pect tlsacconiplishuicnt without *»)»M.>-iti"iiu
** The history of liberty, for '
you arc doomed to a long and
567]
as GEORGE m.
Ttvd tf Thomas Hardy
CS68.
exile, « ill ^iUloird, iu the present instance, that
i-ott$i^tK>B ttui tvwimT martyrs to the same
i'au>c haw cx^H-noiueil ; Uic consolation, that
vuu »i.'.' K^-i^ \uii «*it«fi(tf, suffer in vain.
** Mru au> |HTi>l), but truth will prevail ;
iteithrr |vrstvutiun, nor banishment, nor
^tti il:<lt*, Kxw fi»uU\f injure the progress of
thi>90 prmciples which involve the general
lMpuiitc.<^ ot man.
*• >\ liile, therefore, we join every friend to
humanity in lamenting what yuu have alreadt/
cndurv d,'und with anxious hearts, anticipate
the |>erils to whicfi ^ou taai^ be exposed m a
barren and uncultivated country, yet we can
rejoice that the sources of happiness are
limited to no place, but are as extensive as
the dominion of God ; under the protection
of that Great Being, may you at all times,
and in all places, feel the pleasure tliat arises
from conscious integrity.
" Fellow-citizens, we assure you that the
memory of your virtues shall never be effaced
from our breasts ; the cause for which you
have struggled, is a glorious cause, the wurld
that has wiinesaed if our exertions, shall witness
ours also.
* A full and fair representation of the
people of Great Britain, we seek with all
the ardour of men and Britons, for the sake
of which we are not only ready to act with
vigour and unanimity^ but ue trust, prepared
also to suffer with constancy .
** Ourtest wishes will ever attend you, and
we do believe that the day is not very distant,
when we shall again receive you on the
British shores, the welcome children of a
Free and Happy Country.
" By Order of the Society."
" To the Chairman of the Society for Con-
stitutional Information.''
" Surprize Transport, April 16, 1794.
" Fellow Citizens ; — I have long since looked
upon your society with admiration and esteem,
considering it as the source and school of
most of the political information, which, by
the blessing of God, has overspread the
island. I have been instructed by the wis-
dom of your oapcrs, and animated by the
spirit of your addresses. That my conduct is
approved by such a society, is my pride and
my joy.
" You say ^and the consideration is the
support of my life), that the history of liberty
Weill prove by the experience of her former
marturs, that sufferings in Iter cause cannot be
in vain. That my sufferings may not be in
vain, I ardently wish that the eyes of my
countrymen were open, not only to the ille-
gality and despotism of my sentence, but to
the alarming measures by which it was
brought about. My jury was three times
packed by the servants of the crown before it
sat tipon me. In the first instance iy the
feheritt^s deputy, placemen immediately ap-
pointed by the crown ; in the second^ by the
crown agent, lord ad vooftte^&c. ti Edinburgh;
and in the third, by the justiciary lords, ivlio
tried the cause. These last, arbitrarily appoiat
the fifteen particular persons who are to at
upon the accused. The strongest objectioiiB
are mere air, as the lords alone are the judns
of the validity of them. A majority of Qm
fifteen condemns. If, therefore, mimstr^^
with their all-extensive influence, can in
three countries find only eight servile tools
subservient to their views, the fortune, tbe
liberties, the lives of all Scotland are at their
mercy. Trial is condemnation. The sen-
tence is appointed before-hand by the minia-
tcr, and mine was known a full weds at
Edinburgh before it was uttered. Tbev OHi
ruin, or even murder whom they pwasa*
This infamous robbery of the first right of
Englishmen, a trial by jury fairly chosen, I
have endeavoured to set forth in a letter to
the editor of the Morning Chronicle, last
October or November, of the date (if I remem-
ber rightly) of the '22nd or 27th, of which I
now avow myself the author, to which I beg
leave to draw the attention of the Society for
Constitutional Information. Farewell, fefloir-
citizens.— I am, with respect and esteem,
your equal brother,
'^Thomas Fyshe pALMia.
" Surprize, Spithead, April 16, 1794."
** SurpriK Transport, Spithead,
Attril 17, 1794.
*f Mr. President ; — Permit me, sir, to assure
you, and the respectable Constitutional So*
ciety, that the very consoling address, re-
ceived agreeably to their resolution of the
28th ult. has excited in me, as also in the
hearts of each of my fellow martyrs, for the
irnpnrtaiU cause of univcrsnl suffrage, and
annual parliaments, the most lively sensations
of gratitude and esteem. The Constitutional
Society was the forenjost of true patriots to
raise the Standard of Reform, for tne purpose
of redeeming from the cuntaniinatmg and
cunlugiuui) influence of corruption, those
venerable, but almost lost principles of the
British constitution. Wrought into it by the
blood and irresistible energies of our fore-
fathers, numy of whom, rather than that
these principles, upon which depend the
virtue and felicity of Society should be lost
sight of, exhibite<i their high esteem of them
on scaffolds and in dungeons; that all, eren
the most callous spectators might tie per-
suaded, that the truths for which they did
not reckon even their lives too dear a sacrifice,
were surely worthy of the unprejudiced inves-
tigation of all. Your remark therorbre is
just, and it is very soothing to us, " Wa da
not, we cannot suffer for such a cause in rain."
The resentment of our enemies, driving then
into such absurd measures towards men,
against whom vice of any kind is not even
alleged, must have moved in every unpreju-
diced mind, the restless question; Why?
Why are men who seek the improvement of
their speciea thrown with felons Into don-
569} for High
geonsf And iiili infortnatioTi must toilow
MDC«TO tn<^uiry, a/»d at length convert all lo
till r ;va(i rightcousnH^ 1 there*
Iqt onseot to suffer to promote
blanied fus liavin^ preroaturdy,
i^ c <i|ii>ied ourselvea to In^ ^--r -^t^y t>t'
; by our suffcnngs, tliec;*, uld
If in this case we h-,^ c.._J, I
ViU readily take the whole blame, as having
strained every nerve to press /orward the
moifure of a general convention, as being tlie
only inean^ to avert impending ruin. I
aougbl to arouse and alarm my countrymen lo
oooailcr t^ieir eiktreme dauber. I feared that
tlie nece^sJly for such association would be on
in Mbf>e we v?cre prepared for it* Besides,
vhal Hi' ' Iv interest so much
tbc pi<! has 50 much in-
cmieii public injurmauonf U excited counter
mocktHMiSf and caiisecl every man to see
iitio were on the side of truth, and who were
on the side of cormptjon: It exposed the
itifiiih ftud interested designs of the one, and
tbt UfkfeigOed prosecution of the public good
by the aitrnt. I speak so with the greater
eoofideoe^ before a Society Umt must have
mirked tlje progress of information so ion^
VDiier l^ietr own auspices. You must know
jiat Thi^ progress, the exciting the inquiry of
h:L5 been more extensively eftetted
iast year, than during the ten
rirs. The cau!»e w»s the General
The terror and haired of mi-
ves the Irutii. Who then
td even his life to have been
i 3IJ |»romtt - ' -^"Mch good?
yphtil api t our conduct
•i-U'd this s.t.*--^.*.ution; forgive
my freedom, I may be mistaken.
The imtiortinl revolulton in human atTairs^
to ivhicn every Christian louki^ with anxious
hope, may he yet di<^tanl. \( it if, tyranny
IM^ itill'triumph. But God furbi<l "it It
WfnM then he belter to die than lo live.
B' |>e ihe rrver^e, 1 know, as
) \e, * 'that thf im^iottance of
' ( / Jitcdtim M tfHt fir€i(t tu tfm ii>ar/rf,
^ i ti» ac€OMplithm€ui without opptt-
' I ii^c oppoHlLuU vi dcspaumg
' 3 be dreadfu], it will be deslfuc-
t ' '— becHiiic nothing; but it*.
Ji ;gle will rou^ mankind from
I;.:.*, .,,.. v.i ,,iii of security. Thty rtgard
ui^ ikty ^iiff not ill prtitfTii victtmt. They
•m •fif the vvil {ai hum iVii i!isf Ivcs, aud
mmm , ' when
*tbfir IS none
••to i« what
§!■ b- 'U alone
A. D* 1794.
[570
■M^w«ut tiut lift mirui * uruie'|utiKe of sucti
irtluittltt* l^Nm&in I/>vr II Mt tfrffrgthf
I ^i«ld roiUMi
u. By so dcnn^»
pL* tfie tjtt^iruction whiek u*
oaall tbecarllL
*' Worthy citizens, I will solace my minrj,
when drooping, with llie kind as&nrance*!
\ have vouchsafed by your mastcrlj*!
hat I« With my brethren, have
place iij your fifteciiun and prayers; and
wilJ beheve with you, * thni ihc dfty is not ^
^vtr^f iiiitantj uhtn you utilogain receive utl
* on British »hor€4t the uTtcome children tff' §r
'free and htippif people J* \\\\v\\ indeed it shall
be dcraoiistratcd, * That our tnanici Crc th^ I
* enemies uf public liberty ; the men who couspimll
* red against the happinesi of mankind/ But /
though the mijhty are combined, though i
they should so lar prevail as to scatter utterly
in their vain apprehension the friends of I
truth, the principles of it which are already
esiEiblished, is the ' stone cut out without
* bands, aud shall become a great mouutain, J
* and fill the whole earth,' for he who first
commanded the light to shine out of darkneM^ J
18 \t^ almighty patron,
" Be assured, my desir brethren, that I have I
already reahzcd the pleasures of conscious in* j
Urr.tv ur\(\ can reflect wiih the sinccrest sa*
that 1 was influenced in all mjr
< for the cause of reform, by that j
benevolence which I would ever cultivate as I
the principle of every kind of human excel*
lencc,
'^ With sentiments of the most unfeigned
esteem and respect, I am yonr sincere well- '
wisher, " W. Siuavtifc.
" The President of the London
Constitutional Society "
" Surprise Transport, April 2iih^ 17^, |
** To the members of the Society for Caosli#
tutiunal Information, in London,
** That the spirit of Freedom is not extio-
i^uished, but still retains its former energy, in ,
defrance of the artifices and of the violence of J
despotism, i^^ an object of high consolation to [
my mind. Eni^aged in the sacred cause of I
man, individual man is an atom of little va^|
luc ; aud in speaking of himself^ when he I
recot1uct>» and contemplates the principles of I
tits conduct, should disdain to make use ofl
the term sufiering* Wisliout a vain aflect'ionp [
for inyscif, I disclaim the assutnption of cx^j
traordinary merit. The man who has actett i
in obedience to the law of his own conscieao% j
has simfdy discharged his duty ; and the conal
Irary si4>posilion would uivolvehim in guilt. 11
am deeply peruiaded, lliat many of the meii|J
whom 1 now address in a situation less cir«]
cumscribed, with abilities more powerful, but]
not with htrarts more honest, after luivint j
atchlcved what I could not accomplish, wouldi
with the same silent scorn have regarded eacl|J
feeble attempt to shackle and to repress " '^
frceboru mind,
** Your preceding exertions, in attcmptirigl
to procure a fair representation of the peopSI
in parliament have been mentorious. 'IhcyJ
are a solemn ar ' ' ' nf their futui^l
conlinuuttotu «o the number,!
and to the ra^'iuiv^v vi urvsc treinenduuij
671]
35 G£ORG£ lU.
Trial qfThmas Hardi^
[872
scenes, which daily in succession pass before
the eye ; Ally All of them deriving their exist-
ence from this violation of our constitutional
rights, let your ardour in procuring a rectificar
tion of what is wrong be uicreased. Confi-
dent you will obtain the blessing of that Being,
whose great design is the hajppmess of his cre-
ation. Thomas Muir.''
** It being recommended at a former meet-
ing, to the members of the Society for Con-
stitutional INFORMATION, tO DCrUSe tWO
printed sermons of the rev. J.U.Williams,
preached on the public fasts of 1793 and
1794, as productions of singular worth, the
society came to the following unanimous reso-
lution :—
<' London^ April SS^A, 1794.
<^ Resolved. That the grateful thanks of
this society oe paid to the rev. J. H. Wil-
liams, Vicar of Wells-Bourn, Warwickshire,
for the publication of his two inestimable ser-
mons on the public fasts of April 1793, and
February 1794. The doctrines and senti^
ments which they contadn are in perfect uni-
son with the principles of this societ}' ; and
we trust that the motives and springs of ac-
tion which he recommends, will ever be found
to direct our conduct. — By order of the society,
" D. Adams, secretary."
^ Society for Constitutional Information.
" May ^ndy 1794.
^ This being the anniversary of the society,
upwards of three hundred persons dined to-
gether at the Crown and Anchor-tavern, in
tne Strand.
« JOHN WHARTON, M. P. in the chair.
" STEWARDS,
« T. Thompson, M. P. John Williams,
John Chatfield, John Pearson,
J.BellendcnGawler Arthur Blake,
Robert Knight, William Sharp,
G. Wingfield Spar- Thomas Wardle,
row, Charles Goring,
Jeremiah Joyce, John Bonham."
"During the time of dinner, and between
the toasts, a numerous band played the po-
pular tunes of Cd Ira, the Carmagnol, the
Marsellois March, the Democrat, and a new
piece of music, called the * Free Cokstitu-
* TION.'
" After diimer the following sentiments
were given with unbounded applause ; —
" 1. THE RIGHTS OF MAN.
"2. A Free Constitution.
« 3. The Swine of England, the Rabble of
Scotland, and the Wretches of Ireland.
'' 4. Equal Laws and Liberty.
" 5. May Despotism be trodden under the
Hoofs of the Swinish Multitude.
« 6. THE ARMIES CONTENDING FOR
LIBERTY.
. ** 7. WiadoDi, KnanesB, and Unanimity to
«j)liheFMiio& Socwtki m Great BriUin.
" 8. To the reign of Peace and liberty.
*' A citizen then rose, and in a short speech
observed, that the Stewards seemed to have
fbreotten in their list of toasts, a person who
had done more than almost any man towards
the Reign of Peace and Liberty ; he would,
therefore, propose as a toast <' lord Stanhope.**
An amendment was proposed, that instead of
Lord Stanhope, Citizen Stanhope shoidd be
drank, which was received with thundering
applause.
** 9. May the Public Revenue never be ap-
plied to the purposes of corruption.
*' 10. The Victims to the cause of Liberty
suffering under the sentences of the Court of
Justiciary.
<* 11. Archibald Hamilton Rovran, and the
Patriots of Ireland.
'^ 13. The persecuted Patriots of England.
« 13. MAY HIE ABETTORS OF THE
PRESENT WAR BE ITS VICTIMS.
" 14. The Chairman, and success to fais ex-
ertions in the cause of Freedom.
<^ Mr. Wharton thanked the company for
their marked approbation of his conduct, and
pledged himself to continue his efforts in the
cause of Liberty. He then said he would pro-
pose as a toast,
" 15. That steady Friend to Liberty, John
Home Tooke.
'' Mr. Tooke said, he hoped it would be the
last time that his hc»Edth should be drank. His
ambition was, that hereafter his memory
should be given,
" 16. MAY ALL GOVERNMENTS BE
THOSE OF THE LAWS, AND ALL LAWS
THOSE OF THE PEOPLE.
" 17. Thomas Paine.
<' The Chairman then gave as a concluding
toast, a sentiment directly in opposition to
that of Mr. Windham.
" 18. Prosperity to the commerce and ma-
nufactures of Great Britain."
Mr. Garrott!. — There follow several songs,
which are stated to have been sung at the dm-
ner — I do not desire them to be read, but
have not the smallest objection to their being
read, if Mr. Erskinc wishes it.
Mr. Erskine, — I am not particularly anxi-
ous for a song at the present moment.
[The songs were not read.]
It being now past twelve o'clock, a conversa-
tion took place respecting the adjournment,
in which the jury stated, that they could
not have the necessarv refreshment of sleep
in the Session House, having only one room,
and nothing but matrasses to lie down
upon, and that they had not had their
clothes off for more than forty hours. The
Counsel on both sides expressed their desire,
that the Jury might have every possible ac-
commodation. The Court being informed,
that the juiy could have beds at the Hum-
mumsy m UovenVOarden (with the oon*
67S]
Jbf High Treason*
A. D. 1794.
Cfi74
sent of the Counsel on both sides), directed
that they should go thither. Four officers
were sworn to keep the Jury ; and the jurv
went in coaches to the Hummums, attend-
ed by the Under-sheriffs, and the four officers.
Adjourned till Eleven o'Clock.
Stuion House in the Old Bailey, Thursday^
October the ZOth, 1794.
Present, Lord Chief Justice Eyre ; Lord Chief
Baron Macdonald ; Mr. Baron Ilotham ;
Mr. Justice Buller; Mr. Justice Grose;
and others his majesty's justices, &c.
Thomas Hardy set to the Bar.
Mr. Attorney General. — I am going to pro-
duce some papers found in the possession of
t|ke prisoner so far back as the 30th April,
1792, by which it will appear that the pri-
soner, Mr. Margarot, Mr. Martin, Mr. Bichter,
one of the persons named in this indictment,
were at that time chosen delegates of the
Corresponding Society, and Mr. Vaushan, and
one or two more of them, I think were to
draw up the constitution of the society. — I
shall produce a letter of the prisoner desiring
that constitution to be drawn up.
Mr. Gt<riie//.r-Tliese two papers I found
ID Mr. Hardy's possession.
[They were read.]
" Monday, SWA April, 1792.
^ Corresponding Society, Division No. 7, held
•t the sign of the Coach and Horses, Lin-
coln's Inn Fields.
" James Sheriff in the chair.
^Resolved unanimously. That Maurice
Marnrot be appointed our delegate to the
Handing committee of the several divisions
of the Corresponding Society.
^ That said delegate shall continue in of-
fice during the space of three months from
this day.
"That these resolutions, signed by the
chairman, be transmitted to the president of
the committee.
** (Signed by order),
" Jas. Sheriff, chairman.''
Indorsed,—" April 80, 1792, Division No. 7.
" Mce. Margarot, delegate."
" To the Delegates of the London Corres-
ponding Society.
" At a Meeting of the Second Branch of the
aforesaid Society, held at the Blue Posts,
Uay-market,
" Mr. M'Bean in the chair,
* It was unanimously resolved, 1st That
the precedence is to go by rotation.
** 2dly. That David llowland was unani-
■Kmslv elected secretary.
^ Sdiy. That Mr. Martin was unanimously
ikded delegate for this society, for three
months from the date hereof. By order of the
society, D. Rowland, secretary.
** April 80th, 1792."
Indorsed,—" Mr. Martin, attorney at law,
Richmond Buildings.
" 80th April, 1792.
" Division No. 8. John Martin, delegate.
" Division No. 8, Blue Posts. John Martin
delegate.
"James Black, deputy, the 10th May,
1792, in consequence of Mr. Martin's nou-
attendance."
Mr. Lauzun — I found these two papers io
Mr. Hardy's house.
[They were read]
" This is to certify, that we, the Division
No. 16 of the London Corresponding Society,
have chosen John Baxter our delegate.
" £dw. Jones, chairman.
" E. Gray, secretary.
" Nov. 5j 1T92."
Indorsed—" Mr. Margarot.
" Division No. 16— John Baxter, delegate.
" No. of members 31."
" Thursday, Qth Nov. 1792. ^
" On an application being made to the
committee of delegates of theXondon Correfr-
pondine Society, by John Richter, of division
No. 6, for leave to institute a division of thSs
society in the neighbourhood of Knights-
bridge, he is hereby authorized to do so in the
course of the next week, and take the name
of Division No. 19of the London ConesponcU
ing Society.
" Sigi^ by order,
" Mce. Margarot, chairman
" Thos. Hardy, secretary.
" This is to certify, that John Richter is
appointed delegate Kom Division No. 19 of
the London Corresponding Society, this first
meeting, at the Friend and Hand, Dttle
North-street, Knightsbridge, this Monday,
the 26th Nov. 1792.
"John Richter, chairman.
" Alr. Watino, secretary.*'
Indorsed—" To the citizens delegated for
the management of the affairs of the London
Corresponding Society, &c. &c.
" Division No. 19.
" John Richter, delegate— No. of mem-
bers, 6J*
Mr. GumelL—l found these papers in Mr.
Hardy's house.
[They were read.]
" 7th May, 1792.
" Mr. Hardy, the bearer of this, is delegated
by the division of the London Corresponding
Socictv that meets at the Bell, Exeter- street
Strand; and is authorized to assist at the
committee appointed to form a constitutional
code of laws for the government of the Cor-
responding Society. Robert Boyd."
Indorsed—" 80th April, 1793.
« Division No. a—ThosAlwA^^^^v
t75] 35 GEORGE IIL
^ The 90tkJprii, 1799.
" Mr. Vaugh:in, the bearer of this, is dele-
sated by the division of the Corresponding
^Society that meeta at the Bell, Exeter-street ;
and is authorized to assist at the committee
appointed to form a constitutional code of
laws for the government of the Corresponding
Indorsed—" 30th April, 1792.
** Division No. 3. — Felix Vaughan, dele-
^te."
** Sir ; — I take the liberty of sending you a
lew of our original papers, for ;four perusal
this afternoon — If you see any thing in them
worthy of adopting, for the approbation of
the delegates to morrow tvtniug, — Some of
them arc sweet !lowers ; an^l I hope you will
be like the bee— extract a little from etch. I
wish yotj {if you sec any propriety in it) to
copy part 6f the preamble; thai part, I mean,
thai Inenllon^ Ine number of inbabilanl^ in
etch of ib*T&e populous towns that hate not a
auigle voice in chcrosing a •«cmber to r*pre-
MUtheni, — I am i^ure it would have a good
effect upon the public, and likewise the roilen
boroughs in Cornwall; when those papers
were read in our society in its ijifani slate;
(but, by-tbe-by, it is scarcely out of leading-
strings now ; but do not let a doubt rcauun
withi us of success) they wrre fired with indig-
nation at such an unjust and unequal reprc-
jientation ; many never heard of any such
^hing. — If our society were so affected, by the
aaoie way of reasoning, tens of thousands of
the people ot this nation would be equally sOj
if they were informed of the existence of those
evjis ; for some of tbem (in my opinion) are
the most gtaxing that can be exhibited to the
public. — Excuse mc for taking such Liberty
with you. — I remain^ sir^ your and the socicly*s
Vt^ous friend, Tnos. Ha Roy
Trial of Thomas Hardy
[576
** 9. That, to ei\ioy all the advanlaps of
civil sorietv, it is not necessary that indivi-
duals should relinquish more of their natoral
independeiyce than is required to fulfil this
injunction. Let the minority yield a friendly
submission to the minority."
"3. That no majority, "however great, can
justly deprive the minority of any part of tbeir
civif rights :— wherever it^ is attennpted, the
social bond is broken, and the minority have
a right to resist.
" 4. The civil rights of crety individual
arc equality of voice, in the making of laws,
and in the choice of persons by wliom those
laws arc to be administered. — Equality before
the law, whether in claiminc^ iu proinrtinnj
or iubmitting to its scntcntc. 1 in^Jvi^* lo
publish his opinion, to e3Lerci£e bi^ religious
wtirijilip wilhout mole slal ton or reslrjttioti,
and to enjoy his properly, subject only tosucli
contributions as may be imparUal^ levied
for the public service.
** &, iubmi^ssion to any measure does not
imply silence as to the propriety or impn>>
prlety thereof*
" (S. Every power Inlrualed to a magjstnte,
implies a responsibility for the exercise of thai
power.
'* 7* The foregoinac are not new, but are the
origma! principles ot' English governnieat*
*' 8. The total departure from the priueipif
of equality in the election of the legislative
budy, commonly called the House of Com^
mons, is the chief cau^e why the people of
Britain are now deprived of Uie benefit of the
tiiregoiiig principles ; and in place tiiereof^
labour under a continued system of f^toriioa
and monopoly.
** 9 The Corn ocf— is a grievance immc-
diately resulting from the restriction of the
choice of representative*, to men of landed
of bread i
577]
for High TreoiOHB
A. D. 1794.
im
as engines of corporation influence ; for in
some instances, the produce of the tax does
not pay the expense of collection; were the
sense of the nation fairly taken, it is impossi-
ble to believe but that whatever sum might
be necessary for the public service, it would
be raised by means less obnoxious and less
expensive.
** 19. The mutiny act — which would neVer
lave existed, had not the balk of the people
been excluded from rcpreseiMation. It re-
flects a charge of hypocrisy on those who
■Ifect to bewail the late events in France, yet
calmly tiew the defenders of their own coun-
fiy, subjected to every species of fraud, insult,
fend cruelty. The military excellence of true
lepublicans, in all ages, proves it to be unne-
cessary. Convince a Bntun, that he is about
to fight for a country in which his rights are
dulv consulted, and the cat of nine-tails may
be burnt by the hands of the common liang-
* 13. The impresi f^rvfr^^^ually cruel
with the foregoing, is another effect of partial
Itpresentation : it has lately been provnl that
tbe expense of this service, if applied to m-
cnease the seamen's pay, woifld render Hn-
Cssing uimecessary ; but it is more consiv-
t with the govemracnt of a faction, to dis-
tribute the sum among the officers of eorpo-
lations.
" 14. The ill eflfect; of partial represent»-
tbo are not confine'l (o men in private sta-
tKNis; we challenge conlradiriion wh*n we
tsfcrt that, in general, promotion, whethi^r in
tbe army, nary, or cnurrh. st tne effect of
parliamentary conr*e:i!o:;, %r»d li«e rew%rd of
parliamentary i-ro-?:ii-ii' r.
* 15. We caiiLC! fr-ttrrr. z f3c4jl! •\js\ xite
fcregoiog VJtiKzzi^z:*. or' zt'^tuI.'.*:^ v'.,x \^, y\.
BDttod it jcM Iv vjr c'.-'j:.*..-;. :;i*:c U V&fTt^
ind also thiT aa eqi*' r»?r^^r. •>•■'.:., r.-r t/^^
«cnal and -mrrxil su^ss*. *v..'i ^•rjyj /-.rs*-
dialety t> ??<*-•*• s L:j»~ ' I: f*:iifc'.- w yr'jrt
thai the cifSc-Jfes* -a.-^ u f.^r*: vjr.r, «
teheme a*e TL^t'lytiA '.-.ji^fr.'.i. .rrr»:.t;'.r:i
of inter* •■.«'3 :r*-
tioBS ^tSy. »* Ifc-g^ '-? » if rri i •..; , ' >►< : i v:
€onsa4er tiA »••'.••• ■»*"t'.': i* r.->? •:-.>^'-.'-t.'c"..
Avid^d :-•-: ».:«^*..»- .- ir •■• -V • « :•:••-
ar^ ?'.f *'i*-:"-/ r •^••.••^■•••'".i'-''» »•:?<-
dnidtfi :iv. ir^crjiii. :••*— vi-:- ;'^. t. •.•i/ /
' 17. ,'. J:*p "-i •:u- ■ : Vi'". -.«• ■ .-v. • • :
f recrrier -.ic . • -n: i»' •..» ...•.•:'•'.:»'.
» wr-5iii»"»- fcu: ••'•■-^ -M • •--. .,^', ".•, i
»,'ie j*5i»»-»?: r: i-i* j-ir • a vti— •.»
*'^" Lft 0't'^« mte* E^t tin -•'X* u v.»»
*• i*iAi» sm£»-. ju: tut -"irtw ii»
bers of houses ;— either of thrHe inetlKuU
would prevent that source of riul, thi< pnulim
of voting in iHirty groups.
<* 19^. The truth of entry of rvf ry iinlividuul
vote in each parish woirid caMily \m e xiiiuinril,
and the totals of the ncvcriil pitrislirN m tavU
district so easily collertcd, thiit wr M-niplo
not to assert, a fj^ncnil elertiun ini^lit l»c de-
cided, with indisputable certaiiity, in twcl^u
hours.
** 20. In saying the whole islnnd should bo
considered as one corporation, wi* do nut
wi«h to be understorKl as rcouinmeiidinK that
districts should choose their reprf:«ienUitiveN
from distant parts. On the contrary, wo
think tlie repre^icntative should always be a
resident of the district, as lii^ chatarUtr woukl
be be tl«*r known to his conslitnenf n. I learsiy
characters are seldom any otlie r than the bla*
xonings of faction.
<'^l. It ips indispensable to good fpiVtsra^
ment, that representatives stiouln b« \m.Ui for
their service to tlie public. 1'he want uftifttn
and honourable reward, retards tho f xerti^ii
of laudable character f», and Mibjert4 the na-
tion to the fraudulent and delusive prai^tices
of mock patriots.
<' 29. To those wlio are c^mvinced of tlie
Kropiiety of the foregoing idcai^, stii'] only ask,
ow shall we attain tlie prsu^tice of IhriMii f w«
answer, Auoemle. By lodoins;, you wiit bet-
ter correct and strengthen each otli^r's opi-
nions on tlie subject m liberty, and evisntually
abash the tools of corrupt inflijerf.A and law-
less power— ^•ff'T'.'tt wfifch ar<t tuA to l^e #ti-
pected from tlie va:^«f«; and de\u!t//ry ex/rrtii'itf
of i.'iidivMliial r,pinion«.
j " Having \kji\ kUvA wlrtl we '//f*r^/f< V/
M •f.t Mr/tJ:o«n*x of l\tt v*'.i«rl7, t»* f'-'//ii*^
' f3'*:.», r/At*,Mir:f k.\ li^atTr/ *.*. *^j7it*.t,^:d of
•..'ii'lT ;.',•?/. ?/*f?» W:t*. i-Vl t'.U t*^*: r/«v';*y.i&^
' ZTAiTA 'A .»% 4*i»sn *> t^^^y's K, 'HA tJf*4^n -
Iff. O/ /lKI.f//Alf>, 'JfA *$JM:f
u'j- 1*-; i.'-i.. '^ :--':«v'-«fS '.■; t ■•>•■•• U;% »'v,
x'.t * .-••- '.^jV*.-^ '.V t'j» '. •» * iV* • %• • •• V
t>. t "ivv. *>- v' v.':'. M\r..i»':' v. »»•- M**.;'.'. v«i
-i»- r Vi« ".t'-t.:.* 'O'.'f '.' V.»» '••' ••■• «:ii'.
V. .:•• J»^.ijr«:t»-
• t»;»l J-U/*!'.*, ir: » I. Hf' f.':. ir' ..'» » '.i ».
•• J^-^i'.u: l-*»r ;•.',: V'.C c*? *»'fc va«- %»"»•. v*
579]
35 GEORGE IlL
Trial of Thomas Unrdy
[5S0
}that hit gernral chiracier ii tuch M »iU not
i b€ diigra(€ful tt> this tociet^ f
** 3. If ihe proposer shill answer the fon-
foing question in ihe alBrinative, the presi-
ent shall demand of IJie division, whether
f'Mny member has any objection to the cmndi-
►date. ^
** 4. Ifno objection salisfactory to the di-
^Tinion shall be made, the president »haJl put
• the following questions to tne candidate :
** Are you convinced that evtry man who has
ftained to years of discretion^ is in potscuion
9^ his reason, and not (Usqualifitd bt^ crimtt^
\vyght to have a vote for a rcpftscntative, and
t not more than one vote ¥
** Are vou convinced th4xi the reprttentati&m
imtght to w divided as nearly as possible in prO'
^portion to the number of electors f
^ Are you convinced that the election of re-
I prestntatives of the people ought to be annual?
" Will you, by all justifiable tneam, entlea^
*»ur to promote a reform in the parliament
iif^ thii cvunin/f ogreeahle to the principles
hmhieh you have fww professed f
, *' 6. No member shall be allowed to stilc
limseir. Of any other» by any parly name,
,%hether intended to convey respect or diiie-
>ect*
* 7* All political appellations which do not
their immediate interpretation convey an
lidea of political sentiment or situation, are
ty names. The following do not fall
fder this objection, as will api>ear by Uieir
pfanations :
** Republicant — One who wishes to promote
Kibe Eooeral welfare of his country.
jDmmferatf'^A supporter of ti^ rights and
i^wer of the people.
} *' Ariitocrat^ — One who wishes to promote
L'tiio interest of a few at the expense of many.
** Royalist^ — Among the ignorant part of
nankindf signifies, a person attached to regal
overnment: among artful courtiers, it is a
^▼eil ibr their own aristocracy
Lpyalitt,^A supporter of the constitution
* his country.
'* Ci/ucii,— The ancient appellation giveo
f<0 the members of free stales.
= Subject^ — can only with propriety be ap-
[plied to a member of a stale, whose goverrir
Ltnent has been instituted by foreign conquest,
' the prevalence of a domestic faction.
^*^ SECTION It ^ The Orgmiiation and
Power of a Division.
** 1. Each division shall meet once In a
jreck, or any evening in the week, eicepi
KThursday and Sunday.
Y ** H, l he hour and place of meeting shall
|l>e at the convenience of each diviMon, but
ausl be announced to the constituted bodies.
" 3, Each division shall elect from its own
^li\emher«, a president, vice-president, secre<
I iai-y, assistant secretary, delegate and sub-de-
i legate.
I «^ 4. Each diviaioQ shall be fwoished with
k .
three books (yii.) oi»« to bear the nimibfi of
the division^'^a similar tK>ok, to be called the
super Dutnerary book of the same division,—
^ and a tliird for entering minutet.
'* 5, No division book shall contain more
than :]0 elective names ; — subject to variation
as hereafter mentioned*
** 6. JVl embers admitted after thedkviii«ii
shall amount to 30, shall be entered i& ihe
supernumerary-book, but not before.
"7. As soon as the members entered in
i\\e supemumerarv-book, shall amount to 1<>,
the^ snail be entitled to a number as a cew
divii^ion : the}' sliall determine the time and
place of their future nv they shall it-
calve a superntunerar\ la minult-
book, and a new supernumtrarv book shall be
delivered to the original divisioo.
'' 8. Members entered in any suptmum^
rary-book while less than 16, sluiU b«eQliliid
to vote, and, in every respect, be considertd
as members of the division to whick such
supernumerary<book shall belong;.
** 9. No new member shall have a v«te th»
same sitting, in which he is admitted; nor
transferred member the same ailtbg in which
he is transferred.
** IQ, Each ciivision shall be allowed ooe
fthilling and sixpence per week for rejit, fm-
niture, &c.
"It. Every member stialt have liberty to
introduce one stranger, provided soch mem*
ber shall answer that the sentiments of the
stranger are similar to ours, and '^- r.ie
stranger shall not be introduced :u
twice, except for lije purpose of au, . ,**
a member.
** 23- In cas»e of persecution, and Uiat the
means provided by the Vllth, Vllltli, aod
IXth sections of Uiis constitution, should ncyt
produce the efiect of re-establishing a reprt-
beniative body ol* this society for two weeks
successively, every division shall have pewtr
to elect four persons, whose powers shiiU be
the same as the four ofBcexs of the couumil^
of deleg:ites,
, " *t. The sole object of those foiir [
shall be the re-establishment of the rept
tativc body, and they shall sepoft pfo^rcas
weekly, and be weekly subject to revo^tioik
Mr Attorney G eneral. -^li then goes on to
state the mode of election ; the duty oi the
president and vice-president ; of the secretly
and assistant-secretary; the delegates and
sub-delegates. It then states the committee
of delegates. Read the hrst four articles ol
that section, and the Uth and ^Ist,
« SECTION Vil^The Committee of D^
gates.
'' 1, The committee of delegates is the re-
presentative and legislative bony of this so-
ciety.
**■ 2. Their duty is indivisible, and the rt-
prcseatauon shall not be impiuted hy mj
561] ^^^M for High Tnason,
moiot ^her of ihcmselves collec*
^"^y, ui . Jther coDstitulcd body, which
f iiibject the members theneof to be ab-
t frotn Iheir meeting, or to be parlies con*
Bed in gt3y subject iinder their discussion.
''5. Not le»^ than three fourths of their
ole II ^lall be a quorum, except in
ctneot; u.
*^ 4, t nerr simll be no disparity or dissimi-
litude t)etwccn the members, by office* of
proftldeccy, or secretaryship*
* 14. llie duty of the commiltce of dele-
gates i% to direct tlic conckict of the executive
power* in all matters which do not require
i«occy or expedition.
** f i. If the executive powers, for the pur-
af obtaioing tlieir approbatioDf shall
^^jcttc any thing which a majority of
lies shall approve as necessary to be
J done ; the whole committee of dele*
{lt«t are bound to secrecy,
*• SECTION Vni—Thc Select Committee.
^ B^ No member of tliis committee shall
bi admitted until he lias answered in the af*
finnairre, tlie following question, which Hball
be |piil try iho ofBcers of the committee of dc*
** D^ ^u prmnitf, that you will not relin'
fwiak lie autwn mhkhyou art abuut to take in
tocUtff on atc0unt of any penecutwn
'i map b< brought on it. Tkat^ou ^ill per'
; »it wtHing the teiect commUtte, and to
lif atmoiii^ your pouer^ encourage evcrt^ other
mm^^ this society, to/utfit the duty qf his
r Nation K
« THEIR OFFICE IS,
** I. Freparatory as they may be directed,
eObct eoUcctiveiy, partially, or individujillyf
Ijylhe committee of delegates^or llie cinmtih
" t« Eeferenliai as to any matter adopted
ky the aitrimiliec i»f d< k calcs, or the council,
flf ty b ' improper,
" 3. 1^ of this so-
tir> J, priuted, undergo
Ik :
** 4. Que Hard ot their whole number shall
be a quorum.
TION IX.^The CifuncU.
i. .^M»>^ b« composed of one treasurer^
Btpai secretary, and not less tlian four
L lecittartea.
**«. Tlir pnnriuii] secretary' ahaU record
all made by this aodety^
iriji ■ > y. y ^auuiolly.
* 19« Etety member of the council flhall
W mily iiei|iait»tMl with every tmusaction of
Ikli nooietTi lKiwrv4^r ^cttt.
- . ]' M.,:.. ,: ,..:.;il shtU
hx- -f every
A. 0, 17M.
whicli list he shall deposit to the best of hii
judgment, in a place of safety.
« SECTION XL^Of Accusation and TriaL!
" 1. If any member shall think smot]
unworthy of being a oiembcr of this !^r3net7»^
or that tie has acted in anyiJegree hi:
he shall offer his accusation in writi - . 1 ,
by himself, in the division of which the a^J
cuscd is a member.
" 9. Every accusation shall state the l^wi
on which it is grounded*
** 3, If the decision of the division shall \mi
in favour of the accused, the trial shall go noJ
farther; if not, the accuser shall give a state^^
roent of the case, in writing, to the delegatsJ
of his own division, to be bid before the coin-^
mittee of delegates.
**4. No vote or resolution, touching any]
matter of accusation, shall pass in any divi*i
sion, except that of the accused (as mentionedd
in the last article)^ nor m any of the consli*?
tuted bodies.
** 5. The delegates having received thi
case, shall elect four persons, not of their ownl
body, nor of the division, or divisions con- 1
cerned, to act as president, secretary, vice
president, and assistant-secretary in the
suing trial.
" 6, They shaU also issue nodtes to each
division, except those of which the accuser orll
accused are members ; mentioning the time <
and place of trial, and the four perbons whon
they have appointed to superintend it, and
requiring each of them^ to return one jury-ii
man.
" 7. Each division shall return, of its own
members, one juryman, by lot; but none of j
the four persons appointed to superintend thct^
trial, nor any member of any constituted body^
shall be returnable. i
*' 8. Every juryman so drawn, and failing
to attend at the appointed timo. slj<n forfeit,
two shillings and sixpence, cxr e o{\\
sickness ; as shall also each sui iut.
*^ 9. The superintendants shall, by lut,take
twelve names out of the whole number pre*
sent, who shall be the jury for that trial, un*
less the accused object, which he may do to
four of them, but not more.
*' 10. The accuser and accused shall cadt
be allowed one assistant, at their own choice.
'Ml. The president shall read the accusa-^ ]
lion, and call ou the accuser to produce hii
evidence.
** 12. The evidence on the part of the ac-j J
cuser being closed, the accused may call his*
evidence. »
** 13. During the time each witness is^v-
ing his evidence, he may be cross-examined, i
by the jury, the president, the accuiied» thttr ]
accuser, or either uf tlitir assistants, /]
*• 1 4. The evidence being clowfd, the ac-
cused and his assistant shall be allowed t»
comment on it, and make his defenre ; but
the cross-examination shall be deemed tu&*
#ejit ou the part of the accunvr.
683]
35 GEORGE' III.
Trial of Thontat Hafiy
[5M
J ^^ 15. If iTie president sball tliii^ |*r^l*''i
he may recapiLuiale the principal pomta of
the evidence*, and comment on them
*' 16. The jury shall ^ve Iheir verdict in
writutg, Ki^iied by aU their iiames,
. " IT. inUe jury shaU not within two hours
^ree, that tht: acc;iis«d is guilty he ^ball b€
]ict]uitted.
- " 18, The is&iie of the trial shall be report-
ed to tlie committee of delegates, and by
them to the diFiiioBB*
Juna Rkkfnan sworn, — EicamiDed by Mr,
Bower.
' You are the wife of Thomas ClioIlickTnap?
*— '1 am.
What trade is your husband f — A book-
seller.
' l^ok at those books, and see whom they ap-
pear hi be iirioted by [Shownig the witness
Qr copy uf the V^gQ und of the bii i all edition cif
the 8e€ond Part of the Bjghts of Man, and
the Letter tci the Addrest^crs.] ? — They are
printed Jbr my husband.
Do you kn«w Mr. 1 hpiwas Paine?— Yes.
During the Ume Ihiit those books were
printings where did Mr* Paine lodgic ? — ^I be-
lieve he was gone out of FjngJaiid wheij they
were urinied,— I fancy w»
Did he ever ks^ge^ at aoy time, at your
]iiUsbaiid*&?--Yes*
About what time was it he lodged at your
hu»band*s ?'^rrom June to September, 1792.
Did you ever see any of the sheets of that
^ork while the printing was going on ? — Ye$,
X have,
Whc^re did you see them ? — At our house.
Your hnsbaud printed ihem ?— No^he does
dot print.
They were brought to your house as they
were printed ofl?— I cmnnot say I gaw them
one^ T believe, did not make" tks appeafafooe ;
but some of the proof-sheets I had seen be-
fore he went away; but it was not published
before he leii l^lnglaod.
Jcnc Rkktmn cross-€xamined by Mr^
Do you mean to swear that these are two
of t tie ver}' books that were printed for Sy-
mond^ and vour husband ? — I'o the best of
my knowktlge.
Can you take upon you to swear that these
are part of the copies ajctnally printed for hira,
or may they not have been rrmted by wome^
body else, and be extremely like them ? You
have never read the book li\ rough, so a^ to be
able to say that it is the same You only see
that this is intituled *■ A Letter addressed to
the Addressers i" but there may be news in
it, for any thing you know I — I know nothing
about what it contains.
Kor do jou know it by thetypc^ the papeTf
or any thiu^ about it ^ — 1 never gaw it lilt it
was m th^i stale. This pamphlet has my
hand -writing upon tl.
Mr, Attaruey fjefierfl^,^-From wboni had
you those hooks?— They were sent to me
irom, 1 fiuppu^se^ Mr- Johnson.
JVIr. Eri^kiuf.. — I submit to your k>nlihip^
that this evidence is not !»uJBcienl to entitle
them to jead thei^ paimphtet«. I re^uire^ aod
I ask no niore^ that whenever it relnies to this
society or that, no matterwhatbfyjifigitmay
have upon the isstie of the cause, ttaat they
should he fined by the sameevtdenceaswoald
be necessary if they were tried for the publi-
cation of a iibeh^l am ^ure the attorney^ge*
neral will not propose to have a looser proof
in the <;ase of high Ireaaon^ than ii% a misdfy
' rneymur,
Mr, Attorney Gentral. — I have civen no
>rThftt I Helper kqi^m tul wbai 1 tieajt) £n>m
ri»Qtxvc^ p-.r>^ v/e uitderstdDi)) lodged at
ot . ! ! \ of the sheets of those
A as going on ? — No,
* ^-oifiz on.
«| vheets, before tlie work
_ lu voii? — Never.
^ Look at Uicm, and tell us, whether either
fjtbcip ^^r^ the books ihmt jrou printed f-^l
[»i i IK' books at &1L
aih them ?— My OQine was put
Bid you ever mU an^ of them?— Yes^
I did you sell any of those hooks?
r. — Do you think that is evidence ?
ran to moot the question.
-WlinvH I nnd- writing is it upon
py f r lU-wriling, I bcheTe.
Aif I /^— In the tourse of
ud you ever know of any other
^ '* Aa Address to the Ad-
fii»e» — I 9m sure this evidence is
ifect — no man could be ^ued five
on such evidence*
11.^ — I never saw an/ book of that
lit thii.
tAtt^fnicy <" ' -^ * r. you a member
^Coniititur. -I was*
f'-'^v -i>u >uu int.m to take upon
it these are two of theidtnlkiil
...^; V. , . sent to yuu for sale? — 1 do not.
Mr* iViicinj.— They may be exactly like
ft Uke iheio, ^id yet be printed by
I there any thing in llie paper, or
' that can enable you to swear to
-No. I kajow nothing about printing.
Attorney Otncrat, — X^ should like to
'^ Locke's Essay upon
auaii [lerwise: Is that the
ok you told at vour >hop as an Address to
AddreMor^, when such a book was asked
^fcr f— 'I \\s V ' kind of book as this.
Look at r of the book ?
Mr y- — »vill your lordship allow a
\ a book to which he cannot
veai^ c. to prove tl^at that is the iden-
fical Uiok ?
I/jf*! (Ijir-f Tiii.tiri' Fi^re.— It is not likely
ledge enough of the
r*'' > I I ! LI thequesuon; but
\ satisfy us that he knew that this
Wned the identical words that were
\ the bftciks Miat were commonly published
Bjj^ thut title, to this purpose perhaps it
""*^^1 be evidence.
, Krt^mr.^r-Not having the original
^ brr«\ 1 ' i ! I rroiitted to say, I do
Ol bhos I : k » but I bring a <ii\^y ?
bof^ I ' .. c, — If wc could be
»re It w of the same book it
y ptMild be lUv — iik^ «,3 *Ue original; lliey are
I COflf s.
dAlmmm^ OeiWi/.^Suppose the Con-
A. D; Vm.
StitmionalSoc;r' r '^ ' * ^ ke's Essay
upon the Hu , how is it
posbtblf: t£» idtMMkv u*a4 uu\jrv » iLhout Calling
the bookseller to prove that that is the book
which Im ^'11. (or T^cke's Esiay on the
Buman t
Lord t L .yre,~-A5 that wou
refer merely to ttie contents of the book^ j
would he very good evidence of the content
Mr. Aitorne:*^ Gther&L^Tbih is what I
asking to.
Lord Chief Jubtice £vr<f.— You certain
are, but whether he goes to the length of I
is ihequfstiun,
Mt. Atlotrtfii/ Genetui. — Is that the
you V ' ' " v ^ ihe Address to th
Add I'aine ?
J^omI ^-4nm juau^-t ijwre, — But did ti« ever
read it ?
Mr. Attwm\t Gentrat. — ^I woiiUl ""* '^
the question, unless I wob very Wf
accorUuijj to njy uifonnalion, of v i _L uus
led^e this witness has of it.
Lord Chief Justice Eyre. — Go on in y<i
own tuursi.
Mr» jhtornr^ GeneroL — ^Do you know
content!* of ii f — I have read the book.
Look and sne^ whether by the contents I
it that is the book you would sell ai th^
Address to the Addren^sers, by Thonius Pakiey
if you had be^u asked by fur
Paine's Address to the A(M ut
any expUiuation ?— I should *:tJUMm> ^lii luia
book na the Letter to tlie Addressers because
it is so entitled.
Look at tlie cotttents of it ; I will have i
answer to this if I make you rciid it Ihrougja
— I have certainly read the Letter lo the
dressers.
Look at the contents of the book in yo
hand> and see if the contents are the same <
the Letter to the Addre.s&ers which you i
^-I have no doubt of its being the same.
lij it not ffuiu the contents that you haij
no doubt } — No, 1 confess it is from tlie con
pie X ion of the book itself.
You have been lold to look at the conten
now look at the contents. — I have looked i
them.
Then have you any doubt that that is
Letter lo the Addressers?— Certainly, X la
no doubt.
I'hcmat Ciio Rickman — crosft-examined
Is the reason why you have no doubt from
the general appearance of the book, or have
you no doubt becau6e you have satisfied your
understanding* by comparing thai book with
the recollection you have of the former, having
a perfect recollection of every sentence in lite
former ?— Not of every sentence.
1 hen could you iJike Upon you to fweaft
that it is eiaotiy the same, word by word* and
letter by letter r<— I iiave not sworn that,
Mr. 'Attor^ity Gintral, — Have you any
do ub t tlmt it is \he tame F— 1 have noL '
587^ 35 GEORGE IIL
Mr. Attorney Gtfiiera/.— Piit it ioto the
bauds of Mrs. Kickniftn. Did ruA you put
tliem in the shop, and maiic them as books
ta be sold f |
Mrs. RicANum.— I put ray -name on them.
Lord Chief Justice JSyre.— When? — On
giviuglhem to Mr. White.
Lora Chief Justice JSyre.— In your shop ?—
No.
Mr. Attorney General, — ^You had them in
your shop as books to sell } — I had.
Mr. Ertkint. — ^I understand the Court to be
of opinion indeed E am not at all disposed to
argue it) that this book must be taken, at
present, to be the Letter addressed to the
Addressers, upon the Proclamation, by
Thomas Faine. What I wish to know, is,
how it is profwsed to make this taking it to
be the book it is alleged to be, evidence m this
cutse. I perfectly understand why the Riehts
or M«n were stated to be so, because those
whom this prosecution proposes to implicate
•n certain acts— the Corresponding Society,
haTins come to a resolution to circulate it,
therefore it was fair evidence.
Lord Chief Justice JSyn-.— You had better
hear how they propose to make it evidence.
Mr. Ertkinr. — ^1 unders>tand that there b
110 evidence yet before the Court of any reso-
liitron of either of the societies to circulate
this book, or to recommend it to reading.
Mr. Attorney Genera/.— Your lordship will
E've me leave to observe, that Mr. Paine has
!en proved to be the author of the First Part
of the Rights of Man ; the Second Part of the
Rights of Man— the Ixtter to the French
nation; and I believe (though I am not
accurate about that, because I was not in
court yesterday morning) a letter to Mr.
Dundas. — Mr. Paine is proved to be also a
member of the Constitutional Society; Mr.
Rickman, the witness, the person in whose
hands this work was, in order to be sold, Ls
also proved to be a member of the Constitu-
tional Society. Now, under these circum-
sUnces, I submit to the Court, that Mr. Paine
and Mr. Rickman being both of them
members of the Constitutional Society, what
one writes for publication, and the other pub-
lishes, is evidence aflcr what has been already
sUted.
Lord Chief Justice Kyre^ — I cannot myself,
ImagiDe that tliosc facts, which are bo pericctly
distinct from the particular subject uf this
indictment, can possibly implicate them so as
to make their publications evidence m this
cause.
Mr. Attorney Generfl/.— Then we will make
it evidence in a moment, because I shall now
produce to your lordship^t a resolution iu the
book of the society, for printing part of this
in the Argus, and then I shall read that part
which is printed in the Argus.
Lord Chief Justice JEyre.— You might read
the whole, and then prove a resolution of the
society for printbe a part^ beouise that proves
them cognizaot ofit, baving selected i part.
Trid gT Zlomtfr Hm^
[588
Mr. Ergkine.^Al taaj shoir a know^edge^
but does not show an approbation }
Lord Ghief Justice iSyre.— Certainly not
Mr. Attorney General* — I will not trouble
your lordsliip with this any farther.
Mr. CunulL^l found these papers in Mr.
Hardy's bouse.
[They were read.]
'< Fellow Citizen;— The bare-fsced aristo-
cracy of the present administration, has made
it necessary that we should be prepared to
act on the defensive against any attack thcgr •
mav command their newly^rmed minions to
make upon us.— A plan has been hit upon, and -
if encouraged sufficiently, will, no doubt, have
theefiectoTfurnishine aquantity of pik^ to the
patriots great enough to make them fbrmida-
ole. The blades are made of steel, tempered
and polished after an approved form. Th^
may be fized into any shaf U (but/r ones are
recommended) of the girt of the accompany-
ing hoops at the top end, and about an inch
more at the bottom.
^ The blades and hoops (more than which
cannot properly be sent to any great distance)
will be charged one shilling. Money to be
sent with the orders.
** As the institution is in its infancy, imme-
diate encouragement is necessary.
^ Orders may be sent to the ucretmry of the *
Sheffield ConUUutional Society. [Struck on/.]
" RlCHABD DaVISOM.
** Sheffield, April S4, 1794.
'* To prevent post suspicion, direct to Mr.
Robert Moody, joiner, Cheney-square, Shef-
•' field. Please to forward the inclosed."
j Addressed, " Citizen Hardy,
No. 9, Piccadilly, London."
I [The folk>wing Letter was inclosed in the last.]
*' Fellow Citizen; — The barefaced aristo-
cracy of the present administration, has made
it necessary to prepare to act upon the defen-
sive, in case of any attack upon the patriots :
a plan has been formed for carrvmc into
effect this necessary business. — Pike blades
are made, with hoops for tlie shafb to fit the
top ends : the bottom ends of the shafts should
be about an inch thicker, and fir is recom-
mended for the shafts, selected bv persons
who are judges of wood. The blaaes and
hoops will be sold at the rate of one shilling
properly tempered and polished. The money
sent with the orders.
** Richard Davjsoit,
" Direct to Mr. Kobert Moody, joiner^
Chcncy-squarc, Sheffield, to prevent the post-
master's suspicion."
Addressed. — <* To the Secretary of
the Norwich Patriotic Society."
Mr. Aitomey CeneraL — ^We will now prove
that there was a person of the name of Wil-
liam Cammage coimecti^d with the Sbeffiekl
^^rHp
ftasoimr
ftl Sockty ; and that those letters
ire ofbb hand^^wnung.
WiMsm Ccffonoge sworn.— Examined by Mr.
Law.
Wer« you a rocmher of a Society for Con*
itiialioiMl In formation, at Sbeifield f — Yea.
When did you fir^t begin to he such
member f — About the latter end of the year
Otd you ever act as secretary to that aot ici> ?
how loog?—! cannot eaactly tell tho
c ; j>cfliAp* near five or six moalh?-
hen did you cease to act in that c*n>acity ?
T^lioui the latter end of April or May of the
1»t year.
Did you in that character write letters for
the society?-* I did not— I used to sign the
kttcrs.
By whom was the business of that society
inanii^cd * — I cannot speak positively; bydif-
fi. ii^,
1 "orm a comtnitte4S? or in what
ether »udi*iicr did they conduct the businesa
of the iiucicly f^ -Ye5, there wa& a committee.
Who were the Icadinf^ persons of that
cQBinnttf'i^ ? — t)nc David Martin used to
»t; ' ijjiuee, John A Icock, George
\^ w Lodwin.
- / It will be necessary
\r, » ourt and the jury
li> »..4 _.i ,. ..o„ luany of the people
btirn^v of that number of twelve,
that ^» Ttl into tlif- Con^titnlional
K May 1793.
^ons amongst
th that society, what was tlie
I: i the time when you first
Ui ui, r ? — A parllamenrary reform.
hi ;iue to be their professed ob-
/ lUcv profess any other, and what
v: «is the latter part of the time of
)' .locc with that society? — That
cc be their object during my secre-
^ntinuc to communicate with that
Ki r'i'''f nf it since YOU ceased to
I.
■^itl object subsequeot
t' J to be secretary,
41 tie with tiiem aa
* perly to that;
i; examined,
<^ '^ be Ujcit dtlcgale to
t »P— Ycf,
:»erson chosen ?— Matthew
I • . ; L -
Lk* »uij jvuuw wljethcr Brown weal upon
IbUdtir^Uooj^l believe he did,
I>oyou kn"**-' ^>.'^(^'t^'-"- '^^-^ "':i9 ever taken
iulo ctnlodj
l^cui L limt? I IP waft
' 1u
ri'h
Whir — - -entto bimfor?-To cany i
him 1
]jit., , v>, J.^ i viij,
What sum of money ? — 1 took him, 1 be-
lieve, to the amount often pounds trom Shef-
field; aod I called at Leeds, and took him ^
near the same sum from Leeds*
Did you carry him money from any otbtr
societies!— I did not.
Do you know huw the money you so car^ |
ried him was collected ?— -l caunol tell.
Ont of the Jury. — Did you go to Scotland
with this money ?--Ye9.
Mr. LflBf,— Did you tee him at Edinburgh >j
— I did-
How were your own expenses defrayed? — At J
the expense of the society.
Whom did you receive the money ironie'-
diately from?— 1 believe I received it frooij
the h:iuds of Mr. Gale.
WTio is he f— A prmter at Sheffield,
Was he a member of the Constitutional So»^
ciely tliere ?— I believe he was.
Do vou remember any person of the namo
ofYorke or Redhead* becoming a mrmber
of that society, before you gave up your placo
as secretary ? — I knew one Henry lorke.
Have you ever known him by any other
name? -'No.
Do you know where Gale, the printer, is
now ?— I do not know any thing concerning
where he is.
Has he ceased to be seen at ShcfTieldf-^
Yes
You know a person of the name of Yorkal
-Yes.
Have you known him before or sinee by
any other name ?— No, never.
He attended the meeting of this society ^«-
Yes.
Since the time that he hccame a member
of the society at ShefSeld, did he attend tho
meeting pretty regularly ? — No, he did not.
Did he take any active part in the proceed-
ings of the meetings when he did attend ?—
He used to exhort sometimes in the meetings
when he did attend.
Do you recollect the subject of his exhor-
tations ? — No, they were too comphcattd for
me at present to recollect.
Did you ever h^u him mention the subject
of arms? — No» never in public.
What were the means that he recommended
to the society to carry into effect the object*
tbev professed to be desirous of attaining? — X
pari j amen tary reform.
What were the means to be used ?
Lord Chief Justice %rc,— How was that \o
be brought about?— By petitioning parLia*
ment first, that was his exhortation,
Mr. Law, — Wliat was the not meature,
supposing their petition reiected I what wa*
then to l^ doQ« ?— I neirer n«ard any specific
pUu pointed out by him*
091]
35 GEORGE III.
Triot ^ fhemat-Hwrdy
im
Ko Specific plan ?^Ko, no plan potntetl out
by bkii.
You &ai<] he did tiot in public ad^se the use
of arms; what have ^ou heard him advise
upon 1 hut subject in private?
ftlr. Ertkme. — What he advised in private \
Lord Chief Justice E^tre.—^ii lie vs proved
to have been atany of the Correbponding So-
cieties meetings.
Mr. Ersftiue,— ^But wbat a man aays in
private !
Mr. Aitori\e^ GMtitral.—}^t was a memWf
^ of the Corresponding Societv, a delegate from
liie Constitutional Society.
Mr. Enkint. — My idea is ihb, what an
sgent miglit say in a separate case in pri-
vale —
Lord Chief Justice Eyre. — tie is not an
^§ent^but a party.
Mr, £flm,^The time I am inauiring about,
was when he wa?i al ShefHeld. Have you
* b^rd him in private recommend ll^c use of
arms ?— The society was threat*? ued to he dis-
ttersed in their meetings by the people of
Sheffield, by the opposite party.
Upon that ihre4*t of dispersion what did be
-advise? — In private, the people thought it ne-
cessary that they should have armb for their
defence, and he approved of it— he did not see
any harm in the bnsiness, but they bad a
right to be armed for their own defence.
Against what? — Against any illegal attack
'from that party.
^ Who were the people that thought itneces-
lary to have arms ?— The friends of refonn,
to protect theii^ meetiDgs.
■^ The Con s ti tut jon at Society ? — Yes,
Who did you hear, what member of the
"t^onstitutional Society, express such an idea ?
— It was a general ideaVmongsl a great many,
whom I cannot name at present.
Did be sn^sest any alteration to be ifiajiiein
tlie fonn of the pike? — Not in that.
What other pike was shown him with rc^
spect to which be did lauggest any alteration f
—I believe he had another shown him*
Were you present ? — No.
Did you ever hear him talk of that otba*
pike which you believe lo have beeu shown to
bin* ?*^No^I never did*
Had you before Yurke came among^ yotr
had' any recommendation of armitig for the
defence of youf sorieties ?
Mr, Attorney General. — Did he men^oa-
any country in which pikes had been used f-^
No — I never heard htra mention any thing
of the sort ; of pikes being used in any
counlry
Mr. Irrtip. — How goon after ^h fike War
shown to Mr Yorkedoyou know of any being
begun to be made at ShefBeld? — i do not
know of any before that
Do you know of any considerable t|ttantity
being 'made af\er that time ? — 1 do not know
of any i^uantity not to exceed three do len that
i was concerned in cn3nteVf.
By whom were ibe^e three do2.en madef—
By Henry Hillj I believe.
Do yon know one Widdison of Fargate-
atreet m Sheffield, a turner I — Yes,
Do you know whether he was employed in
making any part of these mkes?^ — I hate
heard him say he was empfoycd to make a
dozen of hand lea.
Had you any convfrrsation with Widdison
in the preseuce of Yorkc ?— No,
Were you never at Yorke's Jodgings with
Widdison ? — 1 have been there when Widdi*
son has been there, but I do not itecolieci any
conversation that passed bctweetf Widdison
and Yorke,
Did you ever see a pike handle at Widdi*
^ •* *"f —That will not ^ , not Uial
It*' :'ng-
3 'ollect yotTr^ttr-nf what
kiii us might : ng cob-
itftt irke recoiiiii : uiein lo
frovitic ilieniftt-lves with arms I — No mecliQg^
Milv at hi» owD private lodgiog^.
How many pcrsoos wei^ prescjil? — I do
not know that aiiy were Uiere at that time but
hiv me,
V .. aoy other lime besides that once
mhea he tccommcDded [irovidlug yourselves
with armsf — I do not recollect any other
tiing.
Do you recollect an/ meeting in the montl)
■ ^M*ircb> at which the providing of arms waji
I Mped of ^ — I w^ Dot present at that moetiiig^
if VQUinean in thu y^^r.
Mr. Leiir.- jtat that meeting
•ben llitre ^ ; jmnicnded if such
i^tfuDgjI^aMcd. I never lieard Uiat there was
t nseettftg af thai &oil. I ii'us not present ut
i|db a m^tiQg.
flave the goodness to fecollect yourself;
W ^ere present at a meet'm;^ in March? —
fUA where the ^nn^ wt-re rccunmieoded.
I am not ' of a meeting of the
Ifickiy, but <i present in company
riT) "*' ' ^ MteUngin the
r;t 1 urke recom*
Gi^jiMi' i^ iuf iJ9^ ui ,iMii3wi jUMvivliUgot arms?
•^I was oot,
Un l^ir r ..iL^ !lill~^Do you remember a
maelbi; uile lUU ?— Ycb, I was ai
' ommeutl any thing of the kind
Davison who lived witll
C- — ^Yes.
I \iii ?»cc any pikes when he was
^ ^, I never did see any in bis pos-
Ihii yua in bis preMMi£«? — No.
^ ' lie Robert Moudy ? — Yes,
' liber any mectmg iu the
Un >r in any monlli in the year
ft orke recommended tlie pro-
liii.,^ ..„ ,..^-i,tik with arms?— No, I dg
Xh you remember aiw speech made by
tofke vpoa the UasUe HiU at Shefiield?—
' he recommend in that speech re-
ff* rrffjrm of pariiaraent ? — That I
ooAvi « I r^t to make men*
|4if:. >*eof.
lu ih^pi not to petition
»jlve
t +it^^<? ''**''-^T ^- -^'^
ething of tlic kind of |
y other means .^^
Did vou b^ir^ adilf«s& to Uie nation t'vor
XXIV.
. :i.,.....^..a by Yorkc?— Yes, ^
beheve it was.
Then he recommended to them noi lo nf ti-
tRU* parhameiit, but to forheijir >• i
p^rhiiincnt; that was agreed upun, ,h
commended an address to the nation? Uitf
Yorke walk home or go home in any sort of 1
triumph? — Alter the meeting was over ho
W2J9 conducted home, I beueve, in a car*
riage.
Suppose you tell us the fact what you roea^ j
by conducted home ? — Without horses.
Drawn by the people in triumph ?— Yes,
Did you ever Lear Mr. Yorke say any thing I
respecting a convention ?^No, I never did* .
Never? — No never.
Did you ever hear him mention what woidi I
be the best means of red res sing grievances?—* j
^ioA oevcr didj not a word.
And have never sworn that you heard hi^ i
say ft word of that sort — Never about a redresf
of grievances ? — No I do not know that I
Jbeve.
Or any thing respecting eoDventioQa? — ^Na |
I ba>*e heard him mention his ^Ksap proving |
of the Scotch Convention.
Oa what ground did he profess himself to J
disajiprove of the Scotch Convention? — He {
thought it a wrong piece of business for the |
people to assemble^ lor he thought the people
"Very much unprepared, . ,
In what respect did he mean onprepared ?--
I do not recuUecl what he said.
Did be mention any steps that they slioul(I
have taken preparatory to assembhn^ a con-
vention ? — I do oot recollect any thing that
he mentioned in particular preparative to thft
meeting of the convention.
You were down at Edmbutgh f — ^Yca.
Did he state any thin^ that thry should
have done before they declared tlicm^elvca &
British Convention?—! think he mentioned
that they should have first brou«^htout an ad-
dress to the people before they declared them*
selves to be a convcntiun, or to that purpose.
Mr. Allorneif OcitfiaL — Look at that paper^
Did you ever see that before f — Yes,
Wiif rp difT von ^or 1 1 id It Iter before? — III
the \n- isuu.
At ^ Mat letter in the
possess^rou oi Davison ? — At my owu hou&c.
In Sheffield ?— Ves.
I3 that the letter we 1' ^
sent to Hardy? Did you .
before? — No, I do not recollect Lhii IcUcr.
You have seen it before? — Yes, [ liave.
How loii_ V ' TT ivison lived r ' ' Ivl?—
I raunot U; he c<r e at
bbefhcld ahiiiu im- l - ■ ■ ■ i.
Where did he con ila.
Was he in one of L*.^. ^.^ -^ viv ? *i., i.*-vUs?^»
I beheve he acted as secretarv to the society
at Leeds, when I went tu r.illnlmr fh.
Mr. AUomei^ Ccn' • will
find his name to tlf
Ml M GEORGE m.
1i«9 been read. Had you any convefsalion
about Ihc place to whicli ihe persoa to whom
that IcUcr was directed was to send his answer
to Moody ?— Tliat the ilireclion in that letter
shoidd be Robert Moody from London,
Did he give a tejuion for that?— I do not
TGcollccr he did ; ihere is the name of Brodie
which is scratched out.
Had you any t^k how Uiat happened^ that
a Letter was to come to him directed to
li^oody?— Wc had reasons to believe that the
letters to the secretary were some limes inter-
cepted.
What is Moody? — A carpenter and joiner.
Had he any thing to do with pikes? — Yes.
What is Widdibon? — A hair-dresser and
turner.
Lord Chief Justice %re.— What had Moody
to do with pikes ?— lie put bandlesj I believe^
to three dozen.
What length were the bandies ? — ^1 bcfieve
same were about ?;even feet.
What length were the blades? — About ten
inches.
What shape were the blades? — About the
same shape as a hayonet.
Do you mean they were fluted like a
bayonet? — Yes,
One of the Jury, — And pointed? — Yes.
Juryman, — In ihc form and fihape of a
bayonet?— Yes,
Mr. Attdmtif General — Were there any of
any other shape?-- No, none that were made
—none tliat were shafted.
Were there any nmde thai were not shafted,
of any other shape ? — There t^'as one that wa»
made before, that u'as not of that shape.
Was thai one tlmt was not of that shape
^er shown to Yorke ? — Yes, I believe it was
the oue that Hill took up to Mr. Yorke.
You saw that one?— Yes, I have seen it.
Those til at were actually sliafted were in tlic
sbap^ of a bayonet P--Yes.
And the handle seven feet Jong, and tlie
blade about ten inches?--! think so.
What wootl were the handles made of? — I
believe of tir.
Was there any partiadar reason dven why
the handles were made of iir? — Not that I
know of.
You see ther« is a reason in the letter read
just now?— Yes,
Mr. Enkint, — This examination is not r«-
§ular— for this is Mr. Law's cvideiic© — but I
0 not care about it.
Mr. Auorncy General— U^ Davison been
long at Sheffield ?— No.
Do you know where he is now ?- No. I
have never heard of liim since I was taken up
Mad he left Shetficld at that iimr>-^Yi
h« had left it about a fortnight before I vv
taken up.
Had Gale lea it?— Yea.
How \f'^* ^vf— ^ * -.* Tt — ' v-'i up?—
Nearly ;»
Dia yoL ^v.i :...,. vi -...v.. ^ *,.*.,< ^^cat?
Yei,
Trial of Thomas ttardrf
im^
What is that? what if tht other liMMg|
it ?— A nlghtrcat, I beheve. *
What b a night-cat ? — It standa four WtftJ
about thb shape (describing it)
Have you seen one?— I have seco tb^
model of one. '
When ? — I cannot recollect ; about five or
six weeks before I was taken up. '
I lad you ever seen such a thing before!^
No, never. •,
What is the use of a night-cat ?— The nsr
of it, I understood, was for acting against yh€
cavalry.
Why, how was a nijgbt-cat to act agaurst
cavalry? — I cannot telf — I have mentioned
all I can tell about it — I never saw a thing
of that sort before;— that is all I know about it.
You, a Shcfiiekl man, most know how such
a thmg as that could hurt a horse ? — By thxow-
log it m the streets.
Would it run into his neck, or what other
part ? — Into his foot, I should suppose.
William Carnage, cross-examiaed by Mr«
EnkiM.
Yon were asked this question by ftif
for the crown, From what passed amu
members, what was the professed object vf
this society ? To which you answered, a pai^i
liamcntary reform ?— Yes.
Was that your object when you 1
member of tlmt society? — Yes,
You j>ay you were secretary to tliat x
From the year 1791, to 1793?— Tcs,
Will you explain to the gentlemen of iha
jury, when you became a member of Ui/s
society, in order to obtain a parliafnenlaxy:
reform : You were asked, what pasarai
among the different members? What waai
their object? What sort of parliameotarf
reform was it, that you fairly, as a man,
meant ? — A more equal representation of the!
people.
A more equal represcntaUon of the peof^le^
where ? — In parliament. '
In what branch of parliament? — lo the'
House of Commons, * |
Had you any idea by a parliamentary m*
form, in your own mind, when you beramt a'
member, or when you continued the
touch the king's majesty, or the Uoiu
Lonis?— No, never.— I never had that id
Never in vour life?— No.
I ask you ta the presence of God, to '
you wiU answer, had you any idea of T
ing the king, or the Houso of'Lordi^No
forbid.
H«d you eirer, in the whole coitrve of :
' .* i" . ■ ' I'. . and*
erea,apaf^,
ib^came^
latsodj^H
ffuiii unai pjL.Hsi •
what they said ;i
which thee "
reason to :
diflferentiy i.
an Individu^d j:vj'
m
Mttmn
^Llhe whoiesodttj.
Tbfia I uwk'f stand you iij *iav, upoo the oalh
lu the conse-
/i ^ ' ' ■- ;'■ ■ ,- I'' '■-' :, 'i.-a ihete was no
wMcli lilea etlLef iu yoiu av/a luind, or from
what ymt knew from olhcrs, what they said
ai» ' ry did, in the mind of any other
0/ ^ Jjers?— Never.
I said that the resolve was not to
fc'. Lament, did you mean not to pe*
tJliou u a I that time, or never to petition it,
vheo the sentiments of the people at large
could be known ?^I cannot ^eak to thai —
Tlierc was no specific plan ever pointed out,
Ijv i»^tw* fiLr in*, roilr^-^^^ should Ic ohtiincd.
V 1 out, or from any thing
^ - J i'lesence during all your
:e, that this change in the represen-
ihe people in the House of Commons
ir»s to be carried by force of arms and vio-
leoc** ^— No, never.
1 I had an idea that the members of
ju , or of other societies m the difFcr-
ial ^dits ut the kingdom, meant by combin-
ing force lo over-rule ihe inclinations of the
people at large, and the inclinations of the
Mruament, wuuid you have conUnueda mem-
ber of it ?— No. 1 would not.
I ask you^ under the solemnity of the oath
which you are under^ to say, whether you
Iter beard any thing said, or saw any thing
^fi^ l^iat ied you io believe, or to suspec^
tWl Uat was the intention of your society f—
No> ticvcr.
pill \ ; ar any thiog saidi or see any
thb{^ rj I led you to suspect, thai it
WA !, even of any mischievous
ki- ^ you? — No; I never su*-
il; I never had cause to suspect any
^^Rtetl
. yoy hai had an idea, independently of
IWoc, that the object you were about might
oft*»,.....i., »...,,,. ^.rt'.v ttd the safely and Ro-
tku ijpon the throne, would
pL ; , v.....4..v^ ..I Ui^t society ?— No; I
l«uid not.
You »ay vou continued secretary till the year
1799. — IJtioyou read with attention,all tliatyou
i^i*df— <ir did you take it on trust, from Ihe
cf -atertained of the genera! objects
oi V, that it was all as if ought to be ?
r^l generally read it before 1 signed it ^— I
i^aot know tliat I ever signed a letter tdl I
bd read it
Did you conUnue to be a member after you
flMfd to be iecretary^— 1 did.
^ INd Toti continue to be a member up to the
tiatniKa you were taken up ?~I did.
Did you tee any reosoni before the time
|Q0 iHOi taken iin, tn change your sentiments
mtKtrmn^ tl >s of those with whom
)wi»MOCal<:<i I : not,
Bvve you bad any reasoo tobeliflve. — I ask
fm tc Itxik in upon your own soul, wnen you
ihiitt though they might
, ^inall^ when associated,
Mcj \t€Qm lo iflUod mjschiiff— 'No; I oever
A. D- 1794.
\Vbcn wa& it that your oieetiags began
be threatened with inlerniption ?— It wa
about the month of April, I fancy; as near i
I can guess, the beginning of April or IMi
1794.
Do you remember the time when the coo*
vention was to meet in Edinburgh ?— Ves,
Was there any thing proposed by the 1
ciety of which you were a member, or did ;
ever hear any thing said, or see any lliii]
done to the eSect, that this convention was 1
put down the king, and the upper House, an__
to be itself the king and the parliament ?^*l
Never.
Did it ever enter into your conception, thati
this convention was to make laws for thaj
pubhc, or perform the functions of any part 1
the stale?— No, I never understood it so.
Was it then to consider, what would be th
best means in a legal manner to e0ect
change in the representation of thte people i
the House of Commons ? — By petitioning par^
haraent, at the meeting of the Scotch Conven^l
tioD ; that was the idea that the ShefBeld I
cicty had at that time.
Whether it was not universally said, araoijj^
your society (I am following Mr. Law's ques-i]
lion) that, tiiouzh a petition from a small 1
number of individuals would be neglected, andJ
therefore you laid aside petitioning, whetherl
it was not the general declarations, — I am.!
wot speaking of men^s secret ideas, but as faf J
as they were manifested, — that when you baij
got the sentiments of a great niiuit>er of •!
respectable part of the people, and were thcu
to petition, at a convention, that the House of
Commons would attend lo your petition,
though they would not attend to a* petition,
from a small body of men ? — Yes.
Was that your idea ?— At that time it was.
Was that, upon your oath, what you col-
lected to be the general sentiments of tho |
people ? — Yes, it was; and my own ideas.
Were you, while you coutmued a member
of the society, and up to the time that you I
were taken up, really a friend to the Britidh
constitution, in its purity ?— Ye% I w^s.
Had you any wish to bring into England, \
the desolations and the anarcnies that are ia
France ?• — No, never.
Had you a wish to see the king put down
from his throne, we will not even talk of his
death, but had you a wish to see the king,
and the roval family, put down from their
stale and dignity?— No; God forbid that I ,
should ever uve to see it.
Should not you have thought yourself the
most wicked and abandoneaof mankind^ if
you bad remained an hour in thint society, if .
you bad thought that the wish of that ftocitty?
—Yes ; I should have thought so.
Did you, from what yuu saw, or from what
you heard, suspect that to be behmd the
curtain, and lt\e intentions of those people,
thougii they expressed themselves differently f
Mr. Carrcm^l must beg to object to tbal {
question • it is for the jtiry, what thia QUU1 1
suspected wai tehind tb« eutUm.
699]
35 GEORGE IIL
2Vm/ tfThemat Hardy
[600
Mr. Attorney General,^! ccrtdnly will
not object to it. — I desire to be understood,
that I, by no means, s^ree t)iat it is a question
"thtct contd he pot, unless I consented to it.
Mr Enkine. — And 1 am inucli more
■pleased to accept it, upon the attorney-
gencraPs declaration now, than to argue tiic
point, whatever might be my owrt opinion
concerning it. — ^Then, from what you ob-
served, saw, and heard, had you any reason
to believe then, or do you now believe, that,
though the papers that were signed carried
upon the faces of them parliamentary reform^
as you have expressed it, that there was an
intention, in point of fact, to destroy the
constitution of Great Britain ? — No ; I never
'had reason, in my life, to believe any such
thing.
.You say, for the first time, you began to be
interrupted in your proceedings, in 1793 ? —
Yc.«».
What were the nature of the threats you
" received, and what were you afraid of ?— We
were afraid of the opposite party making an
attack upon us in our meetings, or out of
doors.
What do you mean by the opposite parly?
the Jcin^ and parliament f or tne people of
SheffiekT, of a difTercnt opinion ? — Tne people
in Shcfiield, of a difl'erent opinion.
You were afraid of the opposite party, of
the people who thought differently from you,
that they intended to persecute you ? — ^Yes.
Did you believe, at the time you were
threatened to be interrupted, that you were
doing what was legai ? — Yes ; we be-
lieved we were doing every tiling that was
leral.
Did you, for one, believe you were doing
what was* legal? — Yes; I did not know that [
was commilting any thing that was wrong,
law, for you eatinot be supposed to know any
thing of the law— Did yuu beliere thst you
had a right to arms for your defence, under
the law of your countiy? — I did believe I
had.
Under what law ?— By the Bill of Rights.
, Was that the manner in which the right
to have these arms was debated in your
society ? — I do not remember any debate.
fiut was any thing said about your right to
have arms, if you were attacked by mancioiR
people? — ^We thought we had a right to
defend ourselves, rounded upon the Bill of
Rights, against any of those people that might
attack us.
Mr. Attorney General— 'Who told you that
you had that right?— I have heard Mfr. Yorke
say so.
Mr. Erj&inc— Was it ever debated amonnt
you, that if you were commanded by uic
whole authority of the state, that you were to
raise arms amongst the people to support the
authority of your convention as a paruameDt?
— ^No ; I never heard that debatea.
Was there ever any hint that the laws
were to be made by those twenty or thirty
people at Edinburgh P — No; T never heard
any such thing.
What did you consider these people st
Edinburgh were to do, who were a conventk)n
from these diHerent societies? — I cannot
speak to what their business was when met
together.
Were they to consider what were the best
means to go on, in a legal and peaceable
manner, to obtain a parliamentary reform*—
I supposed so ; I understood it so.
Did you know Mr. Hardy ? — I never did.
Did you really think, that you were coiK
tending for lights that rend^Ted more secrn^
and more permanent, the king's title?— I
tlife, he hiil seen ihtin Ihere^—ll was
; his life lime«
it :.t Auv iniii\tt\h\T period of Ihehi)^-
c»[ tell you? — No; he
he had se^u them
You know what I m^n pfirr<«tly urell.—
"be teU you what \tas going on in the
nlry, aithe lime he ^w them at New-
^tlc?— I do not recullecl that he did.— I
hink hi* i»id U was wirrie lime ahout the
' "iv^e ol'iL
iiiou frotw the
Uirw came you and Duvison to send a
6ttaf ahi^ut Mfidinjt pi);e» to London, in
Oer to oppose the other party al Sheffield ?—
i was Davison «»ent the letter,
Davison sent a letter to London about
keif you thinking they were to oppose the
f f)a3ty at Sheffield ?-— He might have the
views in it for the people ofloodoQ^ as
' the j»eople at Sheffield.
Vou li4ve talked about cavalry : what were
nitc parly at Sheffield^ who were
, „_ you with cavalry ?— I do not know.
Wliy what cavalry was this night -cat for?
-^1t wdH onl j^ a model of one ; I never saw
~~ 7 oade ; it was never to be put in execu-
liow eame you to talk about cavalry ?^ —
tt was when he was talking about the use
oHt
mion was about the opposite party
I (■ <\, and Davison' 9 opinion^ of course,
i>pposite party in London ? — Yes.
what he calls the bare- faced aristo-
of the present administration? — He
I li^.
Ml did you understand by that, when he
! YOU this letter, before he sent it to
fl bout the pikes, upon your oath? —
II |ion my oath, understood that he
ne.^ii »Mie party.
Wl ivison^ who meant as little as
iiu^ w;us uut so bold as you, for be ran
' a fortnight before you were taken up ?
w came he to do that ? — I believe he
of some persons being in Shefiield;
t wna Hit report.
to he thought so Utile about this
nl thing of the opposite party, that he
1^ ? — 1 cannot give any other reason.
told us that the cheapness of the
\ was tlic reason why you thought of
lich was the handle and the blade
i cuiA ^— i'wcnty [lence, I believel
So Ujat ihirtt en-pence would not pay for
i ? — ^'I'he hoop and the blade would coind
t by themselves,
tiic h\-^^.'-- "vi th- *^- p had come td
doOf :i: shiiling, there
te e to pay/ that
dy k for?— Yes;
.J>. 1794.
[002
Did you ever hear of such a place as the
Parrot, in Green Arbour Alley, London? —
No; 1 did nut.
Never f-— No ; I never did.
Had you any conversation with Davi»oii
about these pikes, after he showed you this
letter? — I cfo not recollect that I Lad any
conversation with him at the lime.
But after ? — No ; not that I can bring to
my recollection what it was*
William Brtmnhead sworn. — Examined by Mr.
O arrow*
You rcHJde al Sheffield, I believe? — Yea.
What are you by business? — A cutler.
Were you a member of an^ society at
SheSield,' which had the name of the Consti*
tutional Society ?--Ycs.
At what time did you become a member of
it? — At the first institution of the society, f
think in the year 1791, when the society was
first instituted.
Were you one of twelve of that society
which were afterwards associated with the
Constitutional Society of London? — I was not
tlten a member of any committee, nor did %
act in any public character.
That is not the question that I put to yotj4
I ask, whether at any time you became ail
associated member of a f^ociefy in London,
called the Constitutional Society ? — I never
was a member of the Constitutional Society ill
London.
1 did not ask you whether you were or not;
but whether you were one of the twelve of
the Sheffield Society who were associated witH
the Constitutional Society in London? — We
were above twelve when tliat society wa$
wrote to, and therefore I do not understand
the queslion*
I will explain the question to ytm i your
society at Sheffield were more numerous than
twelve? — Yes.
And when you were more numerous than
twelve, the t*onstiiutionul Society in London
were written to by your society — do you agree
so far with me ? — ^ es.
Did your society, when you wrote to the
other society, propose any names of persons
to be associated with the society in London?
— I never heard that subject spoken of, nor
any letter to that purpose, ^
Did you know whether you, or any other
persons of the Sheffit^ld SocUty, were received
as associated members tj^ tlie Constitution^t
Society in London ?— I do not recollect any
such persons being constituted a member of
the Couiiti tutional Society in London ; I da
not recollect ; I have no knowledge of ai\y
such matter.
Do I understand you right, that you do
recollect such a proposition moving front
your society to the London Society ?— Letters
were wrote from one society to the other.
Proposing such a measure ?— I understood
that tbey acted in coiy unction; I aiwa^^s un*
der^tooditassuch.
Did I understand you right, ihat our of the
modes by which that nctmg in conjunction
vfn% to be brought about, was, that a certain
nunibcr of your society should be associated
with the London Constitutional Society, for
the purposes of general conjunctive actiag? —
I do not know that any such subject was ever
settled ; I know no farther of the junction of
the society but what passed by letter*
I Did you at any time act as a secretary to
the society at Sheffield? — Yes, about five
months.
teWas that the five months last before you
ire apprehended ?— Yes.
When were you appreheixiied ?—l think in
luay last.
Be so ^d as tell us for what purpose your
Constitutional Society were assembled, and
what the professed object of their ai>sembling
was ?^The object was a parliamentary reform *
By wlial means was that reform to be
effected? — By roeeling and cndcavauriog to
enlighten each other, and spread the know-
ledge both of the g^ievar>ces which we coosi*
dered to exist, or which were frequently
wrote of and spoken of^ and inforroing the i
people of the necessity of a reform^ that they
might unitedly move for it in the best and \
most unexceptionable mode.
Was there any peculiar mode by which the
election of members to the House of Commons
was to be effected, according to your |>roposi-
tion as to the right of voting ?— That subject
was never discussed to my knowledge.
Are you acquainted with the expression—
univertat stiff rogc ?— I expect I am.
Was it or not the scheme of the Constitu-
lional Society at Stieffield, that a reform was
to be produced by univeri^al stiifrage? — It
never wa«, as iar as m^ recollection of it; it
never was until the Edmhurgh Convention ; I
never heard of universal suffrage until that
time.
Was the circumstance of the Edinburgh
Convention known to the Constitutional &-
ciety at Sheffield ?— They sent a delegate, and
therefore certainly they must know it.
Who was their delegate at the convention
at Edinburgh ?— Matthew Campbell Brown ;
but I was not secretary at that time ; they
called upon me to take upon me the secrcla-
rythip just after he was gune to Edinburgh.
Do you know a person of the name oftlenry
Yorkc ? — I know a person who goes by that
name.
Perhaps you know him by another Paroe?
— 1 have heard another name.
What is it?— Henry Redhead.
And who likewise goes by the naxoe of
Yorke?-»Yes.
Did Yorke or Redhead ever reside at Shef-
field F^Scveral times he has been at Sheffield.
Did he reside there for any time ? — This
Li^t time I do nut exactJy know how long;
— MV be nix ^ " n or eight weeks.
, t>o you k t the name of Gale,
rpfiater at bhf:tmit%ii — Vcr^f^ wcU*
m
Trial of Thomas Hardt/
Mr. Yorke was not a settled inhabitant of
Sheffield, was he ? — No,
Did he attend the meetings of the Ccmi
tutioLial Society at .Sheffield? — He attcni ,^^
almost every weekly meeting during his Ia?
visit to Sheffield »
As he was not a settles! inhabitant of Sb
field, in what character did Mr. Yorke, durii
his last visit, attend regularly the
meetings of the B«iclety ? — ^They^ con
him as a man of considerable abilitici,
an orator, paid great respect to him.
used to attend constantly once a week
meeting which was called the committi
it was not properly a committee, for t'
of the cicpiralion of the committee which
before^ was elapsed, and another was
chose, and such persons who had been on t
committee were admitted prmcinaUy on
count of Mr. Yorke being at Shemcld.
You have given me a good reason why he
should be treated with respect wbcn he was
there ; tliat he was a roan of talent* and aA
orator; but I ask in what character he c
tlicre?— I am totally unacquainted with tl
tot lie did not bring any letter tu us ; I lia*
hearH &ay-
Did you ever hear him himself «ay ? — Ni
I iit\^ had any conversation wfth him upoOi
You never heard from himself then in w.'
character became there?— No.
But being there, you discovered he had»^
great talents, and was an orator ?— Yes,
Did he take any part in the managemei
of the bu'iiness ot the society ?— lie wr<
several pamphlets while at Sheffield^ and
several times brouglit some part, if not
whole of these pamphlets, in manuscript, ta
these meetings to be read.
Do you spSik now of the weekly meeting
which were improperly called committees?^
Yes.
Where were these meetings held ?— At my
house.
You bad a commodious room there pi
bably ? — It was a small room where Km
meetings met^ but there was a large r<
when a great number met
The meeting was improperly called a c
mittee, when they met in a ^rnall room ? — Y
How often was the olher room uscdf<
Some two, three, or four tunes; 1 do not m
collect how many during his last visit
Was tlicre in that room any preparation far
the more commodious exercise of the talents
of oratory of Mr, Yorke? — Yes.
What ?-A little matter erected to
the speaker.
Wnat was that called, that we n
name to put down in our notes?— '^i
it one thm^, some r.
What did you call if*--I|lc
railed it any thing.
What was the more jnifful r^nme for it
the sariely?^S'" ■ ''''"'I ' -■ i "'
the tribune, I
Bui tt was A cgromodious cjcv,\ugn lur
u
tay I
feason*
critor, anil some called it n pulpit , oth<^rs a
intmnc ?— Yes.
A ,..\ «r,..., n,;. t^^'^ine Mr. Yorke addressed
11
_ J „. clings, improperly called
c s and those meetings in ivbich the
III i^, do Vf»u remember any meeting
upon the Ciistle-liill ? — Very well*
Was that of tlie date of the 7th of April ?—
I do tioi justly recollect the day, but I was
there.
Was Mr. Yofkc there ?— Yes.
T>id he there exercise himself in addressing
li,, ,, ; ' >_,Yca.
^orl of manner and language ? —
hr ii.iij ;i book in his hand wrote by Locke,
md he expatiated very largely on the cornip-
ti"" Mv-* had crept into the English con^titu*
L iher the evils which generally are
< of, and showed there was a devia-
t le degree, from the original consti-
lir 1 Treat- Britain; but hrs manner of
iikine; may sometimes lead him to go
ther tlian he ought.
Did tbat unfortunate fatality upon this
occasion occur, that he did go farther than in
V Uii ought? — It was agreed upon
ti -ke a motion,
l-ir^T ui^vvtr my question ; did it appear to
yoM that his address that had Locke's book
k: ■ ■ vt, was more violent, and went
ti i> it ought? — He is peculiarly ener-
£ti*^, «..ii at the same lime verj' tiery, very
warm, very strong; but at this meeting I do
Dot know that he said any thing that was
dftnmeiilal to the constitutional law of Eng-
bnd— iiof at this meeting.
f Ued, you said, that you were to do
? -settledbywhom?— ByMr. Yorke
Sii i\c, at a meeting previous*
of the committees ?— Yes; that I
should ui^ke a motion tor a petition to the
House of Commons, for a re to rm in the re-
preseutation of the people.
For what p«rj>ose were you to make that
motion as it was settled f — ^That it might be
^jrerndcd.
Was it settled at the committee before-hand
th<m, llial a motion should be made that it
might l>e over-ruled ?^Yes, it was so agreed
ttpon, and further for the purpose of intnoduc-
i»t another motion in ils r^Lire.
l>id vou mnke tin :is it had been
meed ^—1 dirl, lur [>' _ ihe House of
Uttitmons.
Wliut wa» doT^f* upon your making iliat
mf>u*>i ^ — f I cted to with a view of
n>A>: 1 .; s' ;. her, which was brought
ra Ukd c^TiiiU.
Whom wm« it objected toby; who was the
4)a«eter ?— There were tmly four of us, the
•tBtr menber I du not at present recollect: it
^H tftber Heiiry Yorkc^ Joseph Oale, or
WiUiim CAitiagts.
Tdu roeiii there were onlj four of the
CMiniUee thtil attended ?-*Iii the elevation
Tliere was an elevation then upon ti>t Ca
tie-hill? — Yes, oric of those tirum^ we calle,
the tribune was carried upon the Caslk-hill.
Then one of these persons opposed your mo
Uon ? — Yes.
What number of persons might there
a**scmblcd at this meeting? — Several ihnu
sands.
A meeting in the open air?— Yes
And then one of these persons opposed yon
motion, as it had been agreed, for the intr
duction of another ? — Yes.
What was the substance of that other j
tion ? — Instead of petitioning the House
Commons to petition his majesty, and a pet!
tion was drawn up ; the parchments lay at i
house.
Drawn up by whom ? — By Henry Yorke <
Redhead.
Was it before or after the meeting in th
open air, that it was drawn up ? — Perhaps
might be drawn up before, ana read there r
think it was, but it was not signed till after.
Then it was left at your hou&e lor sig
lures ? — It was.
Upon the occasion of the introducing thi
amendment upon your proposition, did
Yorke address the meeting, compo«id, as ]
say, of some thousands ?— Yes, h^ 1
them : he introduced that subject < i.
ing the king to exercise his power lur a re '
form in the representation ot the people, an
this petition wus sent up to London to ea
Stanhope, but he did not think proper to pr
sent it m that form.
Do you renieniher a daj or two after tf!
meeting upon the Caatle<hiLl, being in con
pany with Gale and Yorke at your houfi
when any application was made to Yorke upolj
the suhjcct of U)e speech he had deiiverea tQ
the people upon the Castle-hill ; do you r
member any apphcation to him a day or tvi
afterwards, upon tlie suhjcct of priuting
speech? — I remember something being
to him upon it at my house.
Did he agree to print his speech?— To
best of my recollection, he did.
Was it printed ?— It was.
Did you sec it afterwards in print ?— Yes.
From having heard it upon the Castle-hiti
could you fomi an opinion, whether the j
ed copy which you saw afterwards, ip
pretty accurate statement of what pass^ ?-
The substance of the matter he dehvere
there, I believe it contains.
Was that published at Sheffield ?—Yea»
X>o you helieve this to be one of those pull
licdtiohs [showing it to the witness]?^! i"
Did you receive aftcn* " " e,ai]
number o f these pianopbi '
— Ididnc^ ^ ' them iruuj lurKc, tuitli
ceiv^lh* ' 3 shop.
Did you .. -. .XI. . Lhing with them by the <
rection'ol Yorke ? — It wa^ by llw directijui of
the meeting, previous to their being comqni-
nlcated to dinen&l perwB*.
Dayovi mew ^e geacnl i&e«\vD%, vt <b».
hit
posei
607]
35 GEORGE UL
Triul of Thanius Hardy
vm
pi^vate iue€ting? — ^Tbe private tnecliijg di-
rected ihcy should be GOmmuuicatt!d to dif-
ferent p€r&ona.
Did you, in consequeoce, make up any pac-
kets of them^ and da you believe tnese to be
two of the packets [showing them to llie wit-
ness]?—They are; they are directed la roe
ifcccording to order.
How many might you direct in that manner
in separate packages? — I do not recollect ex>
ac^y, there roigbl be twenty- four, or more,
What was done with these, after yon had
made them up separately, and addres&cd them
to the different (arsons ? — ^1 hey were lapped
up and directed to certain persons, and Itien
all put together in a box,
lo whom were they sent ? — ^To the beat of
my recollection tliey were sent to Thomas
Hardv.
What was your situation in life before you
were applied to to become the secretary of
this society ? — I was a cutler.
Were you working at your business?— Yes,
when I had any business to work at.
Were you applied to to become the siecre-
taiy, or did you apply for it ? — ^I was applied
to.
By whom ? — By one of the members, John
Alcock.
Were you paid anything for your trouble ? —
Yefl.
What was your inducement to take that of-
fice upon you ? — ^I should not have taken it
upon me, \S I had not been ap)thed to.
What induced you to do it? — The war de-
stroyed my business.
Am J to understand that you did it to in*
crease your means of support l^-l did.
Did it come to your knowledge^ in your
character as a member of the society » or
otherwise, that tliere were any prepanitions
of arms of any sort at Sheffield ? — I heard re-
ports as other people might do» but purposely
avoided meddhngt in thought or act^ with any
matter of that son.
L Did you in the society, or from the mem-
bers of the society^ hesirof any proposition for
providing arms, or that any were m prepara-
tion ? — I did^ and it is proper that this should
be well explained.
Explain that. — A few days before this meet-
ing, when it was spoken to as being the ri^ht
of Englbbrnen to have in their power means
of defence, a hand- bill, a spurious baud-bill
was published iu Sheffield, with an intention
to provoke the society lo some unjustifiable
measures, and it was spoke to in the meeting,
that it was their right t ' th r : *hiHr
own defence, and J ok i ^ ' ^
wtatheman. Tl : '
by any n
out the to^>^!i I
on in the -**
keof a!i 1"-^- ,n ' 1 ,-; ''^*
t, to liave such and su
^ their rights, lest any tuui ;
%|fettk out. I lua happy to »p^ ol tiii^i '^^ 1
I should be happy to see that adverttsemoot,
wllb what WAS said at this meetings which
was published in tl»e Sheiheld paper the week
after.
Was this hand-bill distributed previous to
the meeting upon the Catitle-hiUf— To the
best of my recollecUou it was aAer that meeU
ioff.
Was the subject of procuring arms publldl
discussed or in the private meetings ot the
ciety ?— It was at a public meeting Mr. G:
spoke of our rights.
A meeting in your targe room I — Yes.
A pid>lic meeting of the society ? — Yea.
By the society only? — ^There were
others thai were not members there, as well
as others.
How did they come ? were they introduced
by members? — ^Thc tickets were nut rei
deUvered, I believe, at that time.
Then members introduced visitors f — Y
Did you see any arms^ or any model
anyi — 1 never saw a pike till I saw one w[
I was brought to London,
W^hatsort of arms were they that wereta!
ed of, as fit to be had for the purposes stated 1
—Pikes were talked of» bul I never saw
till I was brought to London*
I do not know whether you heard any liii
of the night-cats?— 1 saw a model of one, bi
it was only like the pls^-lhingof a chikl.
Now we will haveanacf'"*'^* ^'^ ''" ^at
in which children play ai a
ofan instrument was it?- ., .....^ .,,.:. umi
standing up with a point al>out one inch higb*
iJnt of the Jury, — It was in a ball was it
not? — jJo.
Mr, XJiirrow*— Ubad four cn>s8 points?
Juri^man, — Were there only four of
^1 think there were four.
Mr. tlo^^oa^— Sothatif you threw it do
it always presented a puini^^That did.
Ilow long is that point f — This was
three quarters of an inch.
Only made ju3t lo show what the sort
thing was?— Yes.
Was there any other purpose for w\
these io^iruments were spoken of in tlic
ciety to be made, except playing with Uiem
children? — Never any mentmu made of tl
in the society at all.
Where did you 6ee the model J^ — At
house of one Benjamin Dunn.
Washearort lely? — Yta,
it was not he tl
Who pr*^*]iHrj ji ..L li :^uuse^— I
they call him <. iu.rj* - K'iicHiJvx
Uadyou tver seen such a thing b«ror«f<
I never did.
> oil mturally were led lo ask Its uae .
, uirpose for winch it wa^ to be conUrtA^i
I was stated to br th*- PM.r ^.r .k
pby thuig?— J do not re<
tJuii upon thnt ht!;tcl, but : _ i ,„v*. «;;4 '
'T,
. owif^g it on the flooi, and
01 cguf^c iw prt^mtpg one of it9 potoif m^
609]
Jot High Treoion*
eomninied by no description of the use it
mSnit be applied to, besides plaving with it?
— ^Wbat might be said that night might not
be serious.
When talkiug[ of a play thing one is not sc-
lious ; now, serious or not, what was said of
it ?'Xothiug was said, but he brought it to
fbow tlieni.
What was said^ serious or not serious, as to
the use to which that might or could or was
intended to be applied? — I cannot call tu
mind any thing tliat was said, but this only,
that he came to show them that such a little
boy, whose name he mentioned, liad made it,
and showed it tliem.
Was it called by any name ?— I heard no
name of it till I came to London, there it was
called a Cat.
A night Cat, or day Cat, or any thing of
Ihat kind ? — I heard no name whatever.
Was there any conversation at that time
vlien it was thrown upon the floor about
CavaLry ? — I do not recollect any conversation
at all, but merely the throwing it upon the
ftdor.
You saidjuit now that the conversation,
mch as it was, might not be serious ? — No,
lauffhiog at it.
Upon your oath was there any conversation
ftrivus or not with respect to Cavalry or the
town of Newcastle? — Newcastle was not
vcotioaed there, it was not at tlic same place
I apprehend.
Wnere was it that there was conversation
about the town of Newcastle ? — I know no-
thing about any couversatbn about New-
cattle.
Upon your oath were you never present
when that model was produced, and when
there was a conversation about Newcastle? —
Upon my oath 1 never was.
Then vou never lieard any conversation at
Sheffielu about this night-cat or tnis model
of a night-cat with respect to cavalry ? — I do
not recollect any conversation about its use
but a mere trifling, desultory, pleasing, irre-
gular conversation with one another.
Now that trilling, pleasing, desultory, irre-
gular conversation I want to have. — I am
sure 1 cannot reccllect it; if I could recollect
it I would.
Try,do not hurry yourself. — I cannot recol-
lect any thing that was said, only his taking it
out of his pocket, showing it us, and throwing
it on the floor ; there was no regular conver-
sation, no debate wliatcver about it.
And tlie nature of the desultory observa-
tions that were made you do not recollect? —
lie showed it to the company as being the
production of a boy, a child, I remember tlut
perfectly well.
It was a tiling that you liad never seen
any thmg like before ? — I believe I never had.
You contented yourself with secinjg it
thrown down, and looking at one or its
points?— I had nothing to do with it wbat-
VOL. XXIV.
A. D. 1794. [610
You told mc that at the meetings at tho
Castlc-hill, Mr. Yorkc, though in general
warm and cncmaic, and disposed to say
strong things, did not sa^- any tiling that wad
delrimcnlai to the constitutional law of Eng-
land, were you present at any other meetr
ing where his speeches were not quite of
that character ? — I have l)een present at other
meelingh when he has not been so well guanled
as he was at tiiat meeting.
Terhaps those might be meetings of the
society only ? — So called, of the society only.
But with visitors admitted, be so good as
tell us the tendency of his discourses when
he rather gave himself liberty, when he
followed the impulse of his nature? — If I
had noted them down, I might have been
able to have repeated them.
1 do not expect you should give us them in
his manner or precise words, but give us the
substance and effect of those expressions
which appeared to you to be unguarded ? — I
do not justly recollect at present.
Endeavour to recollect r — I may have heard
him when conversing in those meetings,
sometimes he was very wann to be sure, and
might drop unjguarded expressions.
Sucii as what unguarded expressions }•«
Comparing what be looked upon to be tbe
grievances under which we laboured, with
tiie privileges which Enghshnu^n once eo-
joyeu, he might step out of' the way.
What expressions did he U!>e which apr
pearcd to you to be unguarded ? — I heard him
use one expression,-— but for iny own part I
will not presume to put a comment upon it, —
he expressed himself to this pur|K)rt, that wc
were in a low despicable situation, and rather
than submit he would go up to London with
the propli? there prcstint.
Wlio were uc ? — We Englishmen were in
such a condition, that rather tlian submit to
it he would go up to London with the people
there present, but he did not say for whaL
How many were the people present with
whom Mr. Yorke was to rome up rather than
to submit to the degraded state in which the
people of Kngland were ?— There might be
perhaps 160, or perhaps UOO.
Was this at one of the meetings of the so-
ciety?—With some others.
i)iU! of the gener.d meetings ? —Yes.
Composed of mem hers of' tho society and
of others ? —Yes.
One of' I he Jury. — He would go up with
them to London, and wiiat then ? — He did
not draw any inference.
Mr. Gainm, — Was that after you liad
heard any thing \\\h,\\ liie subject of arming?
— 1 think it \va»i UiUnv. : to the host of my
memory it was heture tuat, but I am not per-
fectly clear in that.
Was that iUli\crr.l tVom the tribune?—
Delivered from the |)i.iC(; which wai Mmictiiiics
called so, and s«)inetinies calKd a pulpit.
It was from xUn t.TiiLu's rlevatioii thattbi?
speech was delivcied? — Yes.
2 K
611]
85 GEORGE lU.
Trial ^ Thamiu ihrdy
c«»
Perhaps having brought that to your me*
inory may enable you to recollect some other
accompanying expressions ? — I do not recol-
lect any other that gave me any pain at the
time, what was the cause of my remembering
that, was the pain I felt at the time.
What was it that occasioned any sensation
of pain in you at that declaration of Mr.
YorKe? — Why, 1 fear God and honour the
king.
And therefore you felt pain at that declara-
lion of Mr. Yorke? — Yes.
Now, either at that or any other of these
meetings, do you recollect any of these ex-
pressions of Mr. Yorke \ — I do not recollect
any expressions that so struck me as that.
I do not know whether you have seen this
paper before ? [showing the witness a printed
paper]— I never saw this, but I saw one from
which this was taken.
Have you seen a pamphlet of which you
believe that to be one copy ? — Yes.
Look at this [showing the witness another
printed pamphlet," the fast-day as observed at
Sheffield*'] have you seen that before ? — I have.
Do you remember the circumstance of a
proclamation for a general fast to be held the
28th February, 1794?— Yes.
In what manner was that fast observed
upon the Castle-hili at Sheffield ? — ^It was not
at the Castle-hill.
Where was it? — At the top of the town in
'another place.
In the open air? — Yes.
Were you there ? — I was.
What number of persons do you think
might be assembled for the purpose of ob-
serving that fast ? — Not so many. —
Lord Chief Justice Eifre, — How is that
evidence.
Mr. Attorney General, — Your lordship will
recollect that wc read a resolution from the
books uf the Constitutional Society, thanking
the neoplc of Sheffield for the manner in
which they had spent the fast-day.
Mr. Gurrmo. — With this addition, that the
printed paper in my hand was found in the
prisoner's possession.
Broomhead. — I cannot ascertain the num-
ber, but there were not so many as upon the
Castle-hill.
About how many do you think might be
as.«mniblcd? — I cannot tell properly, there
might be a thousand or two.
Tell us the manntr in which you, together
with that asbcmbly of a thousand or two, ce-
lebrated that fast ; is the manner in which it
is reprebcnted in this printed paper that I
showecl to vou correct ? — ^To the best of my
knowledge It is.
What might the number of your society
properly so called amount to ?— Nearly 600,
more or less.
Are you divided into divisions? — Such a
mode has been advised, but was not regularly
kept
By irboiA bad that mode been advised?*
I do not recollect because that was advised, t
believe, before I was a member.
Do you think that 600 was the full amount
of the members of your society at its greatest
extent ; do you believe it ever amounted to
2,000? — ^No such thing, because I wrote the
tickets down.
The distribution into divisions or sections
was not regularly executed ? — No.
What was done towards that ?— There were
a kind of books delivered, called distiict
books ; they were not regjularly attended to^
that is all I can sav about it.
What was the object of the distribution of
these district books, where did they issue
from ?— They were printed by Joseph Gale.
By whose directions ?— They were printed
before I joined them. ^ *
Were the society's books printed by Gale,
one of your members a printer at Sheffield;
—Yes.
To what persons were they distributed, and
for what puqiose? — ^l*he members of the ao^
ciety, divided into as we ma^ term them see«
tions, they were called distncts.
What was to be the mode in which these
districts of the society, were to assembU
themselves? — They were to meet if thier
thought proper, to collect pennies ^a week
principally, a penny a week from each
member.
Were there any regular periods at which
the several sections or divisions were to ooo^
, municate in one general assembly, or was
that lefl to an emergency? — Such a thing
^vas mentioned, but it never was executed.
What was mentioned, but not executed l«-
About these persons meeting to whom the
book was delivered, but it was never put in
practice.
So that the district meetings were not so
regularly attended to, if I understand you, as
the general meetings of the society? — ^No,
not properly attended to.
Mr. Edward Lauzun called.
Look at these pamphlets (tlie fast-day as
observed at Sheffield, and a serious lectured
where did you find them? — I found both
these in Mr. Hardy's house.
Mr. Garrow to WilUam Broomhead, Afler
the serious lecture was read, there was a hymn
prepared I believe ? — Yes.
Who prepared that hymn ?— Gale printed it
Who composed it?— I behcve it was com-
posed by one Montgomery.
That was sung in full chorus by the wbok
assembly ?— Yes it was !<ung.
By whose order were these two pamphlets
printed and published ? — I believe they weas
printed by Joseph Gale.
By whose order, and at whose expense i^
They were sold.
But there is an expense incurred, in prin^
ing and publisliiug before Uie sale i«im-
bur8e8?-4oseph Gale did not receive any
money before the sale. ^*
UIM]
Jbr High Treason*
Who ordered it lo l>e printed?— I believe
it was a private matter
Who furDished the copy to Gale ? — I do
not know for certam.
Who read Ihe lecture? — A genlieman from
Do you know of any proceedinffs of the so*
ciely, of the committee, or of Yorkc, respect-
ing printing and pubUshing these two pam-
phlets ?—l do not recollect any at present.
Were Ihey in general distributed throygh
the tuwn ot Sheffiehl ?— They were sold.
Do you know of your own knowledge whe-
ther the sale was extensive or not ?— 1 think
not very extensive.
There is a prayer^ who composed thai, do
you know I — Myself.
Whom was that delivered by ? -By myself-
From notes, or extempore ? — It was extem-
pore.
You had writteo it^ and committed it to
memory, perhaps ?— Ye^.
What became of the copy ?— Indeed, I do
Bot know ; I toak no account of It ; it was de-
livered to be printed.
By whose directions ? — I do not recollect ;
ijt was at a private meeting that that wa^
spoken of*
A private meeting of what ? — Several mera-
bers of the society.
Tcli me, if you know tlieir names, John
Paine, of Newhill ?— *I Lave heard the name,
hut i do not know the person.
Was he a member of the society ? — I believe
he might be.
Mr, GarretD. — It is in evidence, that he
was one of those seal up by their secretary to
the London society.
Y^ou know Joseph Gale? — Y'es.
He was a member? — Yes,
And Jose|)h Smith ? — Yes,
And David Martin ? — Yes.
. Mr, Cartow, — It is not worth while going
Ihrmigh the names; they were sent up to tlie
ConstiUitional Society, to be afHliated with
them, wliich is pr<*of that they were members.
Exuacts read from a printed pamphlet, inti-
tuled, " Proceedings of the Public Meet-
ing, held at Sheffield, in the open air, on
the 7 th of April, 1794 f and also an " Ad-
dress to the British Nation, being an
Exposition of the Motives which have de-
termined ihe People of Shefiield lo peti-
tion the House of Commons no more on
the Subject of ParUamcntary Reform,
Printed for ttie Sheffield (Constitutional
Society/*
'* Proceedings of the Public Mceting-
** In pursuance of a public advertisement, a
general meeting of the Friends of Justice, Li-
berty, and Humanity, was held, at three
o*dock on Monday, the 7 th of April, 1704, on
the Castle-hill, in Sheffield, to consider upon
the propriety of addressing the king, in behalf
of the persecuted f»atnot3| dti^u^ Mulr^ Pal- '
I
A. D. 1794. [614
raer, Skirving, Margarot, and Gerraldj also
of again petitioning tliC House of Commons
for a reform in tlie representation of the peo-
ple, and to determine upon the propriety of
petitioning tltc king, for the total and unqua-
lified abohtion of negro slavery*
" Nolwithstainling the inclemency of the
weather (very severe rains having fallen until
within a quarter of an hour of the appointed
time of meeting), from leu to twelve thousand
people were assembled on the occasion :
** HENRY VORKE having been voted t(>j
the Chair,
" The business was opened by reading tli
foliowiug Address to the king, in beliaif of ih
suBering patriots :
*• TO THE KIXG,
** An Address from the Inhabitants of th ^
Town and "Neishhonrhood of Sheffield,
in the Cotuily of York.
" SiRf:;— We, the undersigned, bein^ warm
friends 4>fh belly laid the rights of man, feel
ourselves detjjly alfccted by the frcnttnces
which have lately been passed in your ma-
jesty's courts of Scotland, upon citisiens Muir,^,
Palmer, Skirving, Margarot, and Gerrald.
** Had Ihe&e men been really guilty
crimci^ their puni^^hnieat should donhtlesi
have been proportionate to their otlences^
but, so far from cuosidering it as a crime for a
man to use every constitutional means in hia
power to effect a reform in the Comn»ona
Ilouse of Parliament, we think that every i
man who thus exerts himself, de&erves well
of hh country i since we are persuaded that
nothing short of the accomplishment of sucli, ^
a reform will restore peace and happineeti
to our present aggrieved and injured natioiL <
** Wc trusted also, that your majesty enter*;
taincd the same opinion with us of sue"
exalted conduct, from your majesty's having
chosen for your most confidential servants iq
the state, men who had singutarly distid
l>juished themselves by their patriotic exer-
tions in the cause of parliamentary reform :
** But the friends of these sufferers having^!
brought their case before parliament, without
producing the desired effect — the pruicipal of
liicse very servants of your roajesly having
opposed the measure with all his corrupt, but
irresistible inHueoce — seeing no other re-
source, we approach your majesty in this ad-
dress, to in treat your m^esty to interfere in
behalf of these (whom we deem) innocent
men, with that power which the British coti* ^
slitulion has placed in your majesty, of par-
doning whom your majesty pleases — a privUr"
lege which is sometimes graciously extended
even to real and palpable iriminals,
*^ Let it not be recorded in the history of
this country, that king George 3rd, or any of J
his judges, trausportetTmen for fourteen years, 4
because they tiad dared to &peak the Jsi^niau
words upon a speculative subject, which, it
the^ were not the immodute xoeaus of ad-J
(il5J 35G&OHGB III.
▼ancing his majesty's then prime minister to i
his hish situation, caused his election to be
remarkably pofmlar : let it not be said, that
men of education, of refined sentiments, of
the most virtuous and benevolent characters,
were severed from their dearest conneTions,
and plunged into dungeuns with thieves and
prostitutes : let it not w said, that fathers were
torn from their wives and children, and sons
from their aged parents, becau<)ie they had the
virtue openly to condemn the acknowledged
corruptions of government, and to exert every
peaceable means in their power to remove
them : let it not be said, that it was as great
a crime to speak the truth, as to ha guilty
of lELOKY. *
" But rather, O king, let it be recorded,
that George Srd had the wisdom, the huma-
nity, and the justice, to step in betwixt these
severe and cruel sentences and their execution.
** Tliebe are our desires— thete our plain
sentiii.ents. We know they arc surli as
your majesty is unaccustomed l<» hear; but,
if they are supported by tnilh and reason,
sufter not the homeliness of our manner to
oA'end yiAiT majeslv. VVe arc plain ip.e ii, and
will nottiatlera king. If our wishes be at-
tended to, we are persuaded it will, in some
good degree, liu-jh tlie niuimurs wliirh unrea-
sonable severity in a government never fails
to excite; and it may also avert that ^^/^w,
which it is but too' evident has long bren
awfully gathering, and which may bnr^t forth
in a moment when your majesty *ti links not."
" The address beini^read, and reteivcd with
repeated applauses, lltNnY Yohki: addresstd
the meetinj; in support of tlif mcastire. He
obser>'ed, that the rause for which our eoun-
trj'men were now stiftering, was the same as
had been advocated in the year 1715:?, by Mr
Pitt, the duke of Richmond, and oth»T men,
who were at this time pensioners and place-
men under the actual government ; that a
convention, for the purpose of uhiaiiiiiiL: a
jjarliamentary reform, had been hrl<l a». the
rhatchetl House Tavern, in which these mm
went as delegates, or acted as a^isistants ; tliat
it was cruel," if not unjust, to punish men for
followini^ the example whirh tiiose in power
had set them. The question was not a ques-
tion uf co/n-enicncey but of ris^ht. — It was not
enough to say, that the people were /«)n//cr(y
represented, but that they had a ri^ht to he
represented nuu-. Did the ministry, thorc-
fore, mean to assert, that what wa^i right to-
day, was wrons; to-morrow ? l>id they mean
to deilar«», in the lace of the world, that what
vras in conformity to the maxims of justice at
that time, should, in so short a space, bo
deemed //;</«</, and punished as a crime Y
" After having expatiated considerably on
this very important sulijcct, he proceeded
with obsening, that in aJI omintries where
severe and sanguinarr fmnishments were en*
couraeed. mp" ai^-M fc*~- -^ alfivtion tor tha
Trial of Thofnas Hardy [5F6
obedience to it could result solely from mo-
tivcs of /ear. That liberty of opinion could
not be denied to any free country, without
denying at the same time the rights of the
people. That nothing argued -more strongly
against a government than the uniform de-
sign of depriving the people of this liberty ;
that it was a proof that something went
wrona ; and that even covernors were
asliamed of their conduct, when the right of
discussion was violated, or put an end to.
The civil liberty we enjoyed in our country
was the effect of politicaidiscussion; and its
political liberty would have lonz since been
restored and secured, if our rulers had not
interposei) to weaken or annihilate this risht:
firs"., by giving a power of decision to judges^
which the ancient law of the land did not ac-
knowledge : secondly, by confounding the
truth with the fact of publication : and,
thirdly, by having punished with the utmost
severity libels in private cases, to prepare the
piil)iic mind for those severe sentences in-
public ones, which dishonoured and irritated
the nation. It had been lately the fashion to
confound government with the constitution,
and the ministry with the government. To
o])pose, tlieretore, the mad and wild, if not
criminal schemes of administration, was to
oppose government, and, by this mode of
reasoning, to oppose government was to be
an enemy to the constitution. A govern-
ment can never give a more authentic proof
of its pro pension to tyranny, and of the im-
propriety, as well as impolicy of its measures,
than by restrainm*; or forbidding the liberty
of discussinj; publicly matters of le>^islation
and policy. It is debasing the character of
man, us an intellectual bein?, to deny him
the ri'j;ht of inquiring into tliat which even
governors allow was made for his use, namely,
government.
" To punish inquiry, severity is exercised
for imaginary guilt. But what is the eftect ?
>lischiO is prolific: violence in govcritment
brgfts rr<enlment in the people, wtio iTiiirmiir
and exclaim : government is provoked, and
studies vengeance. When one act of ven-
ireance is exposed, more always follow. Af-
fection is lost on both sides, and, what is
worse, is irrccovera])le. Hatred begins; and
the government and the people being at va-
riance, consider each other no longer as ma-
gistrate and subject, but as mutual enemies.
Ilenre the inhun-an wish of Caligula, thai he
could murder all the people at one blow.
The sequel is in order : he is continually de-
stroying them; they are continually wishing
him dcbtrojfed. Such conduct had the fatal
tendency of cramping the genius of men, and
of rcplunging the nation into a state of bar-
barism with rcffanl to their religion, their
. laws, their morals, and their government, and
j to keep them ignorant of the most important
I wnwns in their trade, their splendour, their
I ichcitv ; whilst all the nations around them
'vjiiuviug themselves in morala and
ei7]
for High Treasaitt
A. D. 1794.
[618
polkv, by the daring efforts and concurrence
of enlightened men, whose views were directed
to those objects alone wliich were really
worth their attention. The reasoning; of a
lovemment, which prohibits information, is
defective in every particular ; its progress is
not to be stopped, nor even to be checked,
wiUiout manifest disadvantafi;e. Prohibition
has no other effect than to Irritate men ; to
inspire them with an idea of insurrection, and
to gite to all their writings a libellous ten-
dency. Severe and arbitrary sentences may
intimidate^ but they cannot convinct a nation.
It is by reason and argument alone, opposed
to apparent reason and apparent ar^raent,
that a ^vemment can hope to be victorious
over its mtemal enemies, or render itself per-
manent by the c[uiet and conscientious con-
currence of all its citizens. It is doing too
mnch honour to innocent subjects to be
akmed at a few pages of writing, or at a few
fiigitive orations, when barracks are erected in
a cotintry, and 60,000 armed mercenaries are
ready to execute the mandates of govem-
inenL Experience had proved, that the ri-
gorous prosecutions which had lately taken
place throughout Endand, and that the cruel
sentences which had disgraced the capital of
Scotland, had not answered the purpose of
establishing arbitrary power, and of crushinz
the rebellion of honest minds. Although
there is no spirit so erect and independent as
not to be broken by the lon^ continuance of
the kileut and indorious sufferings of a gaol ;
yet it had been ^und, that men were proud
to step forward in this most stormy season,
when such terrible examples of leeal ven-
geance had been held up before uiem, to
plead the ancient rights of their country, to
unmask the infamy, intrigue, and murderous
projects of administration, and, according to
the principles of the purest benevolence, to
assert the liberty of the whole human race.
The present times bore a strong and marked
resemblance to those terrific ages when priests
hcM their dominion over the minds and con-
sciences of men, and wlien they endeavoured
Co establish the reign of intolerance and
orthodoxy »niid>t Hakes of fire, and streams
of human blood. All history had evinced,
that every atteinpt to curb and bridle the ex-
pansion of the himiau mind had hecn in-
effectual ; it hud evinced, that opinions,
though smoihertd for a time, burst forth with
redoubled fury, and were victorious over
power; it had evinced the triumph of reason
and truth over prtjiulicc and siiporsiition,
and that liberty, whether oi opinion or per-
son, however y\uw in its progress, had uni-
ibrnily moved forward towards its destined
goal; and that even, at this moment, the in-
terruptions which had been apposed to it in
our own country, although they might be in-
jurious to individuals, wouldfinaiiy obtain,
confirm, and establish tlie rights of the peo-
6 Conscious of their uprightness, the
nds of freedom had persevered in their
noble cause, unappalled by the influence of
spies and informers, and by the threats of a
corrupt, a crazy, ami wicked administration.
In so doing, \X\Hy had acted in perfect con-
formity to^the principles* of virtue, without
which no man could be a friend to his coun*
try, and a lover uf mankind. Its essence con-
sisted in the regulation of our conduct by
such moral axioms as are licst calculated to
promote the general hapiriness of our fellow,
creatures; and as it frequently happened,
that the happiness of the individual stood in
direct opposition to that of the public, it is
the perfection of virtue in individuals to sa*
crifice their own happiness to that of the
public. A man, in possession of this virlnoot
principle, feels delisht whilst actuallv burn-
ing in the brazen bull of Phalaris; and such^
he trusted, was the actuating principle of
those generous patriots, who are become will-
ing victims of the most barbarous and savag;e
sentences that ever had been pronounced lo
Britain; who had made a glorious stand
against arbitrary power, and who broke loose
from the fondest endearments of human life,
in the hope of redeeming their lost country
from the fangs of a dark and brooding preju-
dice, and from the horrors and turpitude of
an iniominious slavery.
'Mt was the tyranny of the ^tish ^vem-
ment which drove William Penn, with the
philosophic people called Quakers^ to the de*
lectable regions of Pennsylvania, where, by
toleration, industry, and permanent eredi^
they revived the simplicity of the primitive
aMs of society. It was the same tyranny
wliich has driven into voluntaay exile, or
forced by law into banishment, the most vir-
tuous of'^men, the first of philosophers, the
most exalted and courageous band of patriots
! that ever honoured the soil of Britain. Among
• the furnier Joseph Priestley, one of the
' most profound philosophers of the age, and
■ most meek ana amiable of citizens, claims
the sad pre-eminence ; and among the latter,
\ stand the names of those persecuted patriots,
in whose behalf we are now about to address
. the executive magistrate of our country — a
■ m»blc and a generous band, whose sufferings
do not claim our pity, because they boil up
\ our rage ; whose sentences disgraced those
I who pronounced them, not those on whom
! they >^cre pronounced; whose condition is
j enviable, because honourable, and to the
I whole oif whose opinions and conduct, no
! |!ood man, or honest citizen, can give one
i disventient voice ! In times like these, when
a man is mocked and insulted, because he
bears the name of a patriot, an epithet once
honoured bv the people of England ; at a
time when those who nave the courage and
magnanimity not to flatter their country, are
deserted, betravcd, and persecuted, what ho-
nours are sufhcient for those who thunder
tnith against tyranny ? What disgrace ought
not to await those timid beings, Uiose nega^
trs€ patriots, who keep aloof from chs smait^
619J
S5 GEORGE III.
clion, aiid riot on their country^s wrongs ?
r^hen OUT nation shall be regenerated, these
persecuted men will wear civic crowns. In
the political, aa in the moral world, the friend
who appears to soothe our dislreuses, excites
our esleevu; and he who, in ralaraitous times
bat tr> men'6 souls, sacrifices interest, friends,
nd home, in order to save his sinking coun-
try, merits well, not only of every Briton, but
otVll mankind, and even of the governroenl
under whi< ' ' '
** Fellou r he day is at length ar-
rived, when *.int.«*.i^m and superstition, de-
prived of their tinsel trappings, and exposed,
in their native ugliness, to the view of man-
kind, slink srowhug back to the cave of ob-
&curity; there I hope they will for ever re-
main. The eacrg;^' of Englishmen will no
longer endure this strange uproar of injustice*
I trust my countrymen arc sick of rchgious
and polilfcal imposture ; and that their deci-
sive and manly conduct will command, in an
imperious tone which will take no denial, not
a melioration of these enormous abuses, which
i4"Ould be to compromise with injustice ; but
I trust they will demand tiie annihilation of
corruptions and abuses, and a restitution of
the original rights of human nature* I ask
of our governors, this plain question, is it better
that Uie people should he in a constant state
of stupidity, than that they should he some-
times turbulent? — Ministers of state, if ye
niean to be wicked, snflcr the people to write
and speak ; you will find men corrupt enough
to serve you according to your evil desires,
and who will improve you in the art of Se-
janns. Jf you mean to be good, permit them
to write, you will find some honest men who
will improve you in the art of a Turcot. How
many things are ye still ignorant of, before
you can become great either in good or in
evil ? I see no glor)', no advantage, no plea-
6ure, no safety, in any man rei^nmg a*^ a suU
tan over slaves, Such a horrid pre-eminence
tarnishes the lustre of the most exalted sta-
tion. It is, hc&idc?*, precarious, for sultans
are frequently deposed, and vengeance wreak-
ed upon them.
" I need not invite you, fellow citizens, to
feci for any liuman being who suflers, much
less need I solicit your approofof the present
measure, after the general testimony of satis-
faction you have eiven of it, Vou are too en-
lightened to nccu the atd of any instruction
from me, and ynttr understandings are too
nil! ' ' ' tu require that your passions
si ! ujx>n. Whilst the unerring
triiaui.u ui jpijsiuiily shall condemn with scorn
and dcnsion, with execmtion and disgust,
those inhuman l* "^' - ^*!io have been the
cauMSS of such uii und inhucmui se-
verilv* our rtcr^* tin v\ 111 ijiiLuii a
Vr:
a^tfb bituli heap abound their niM
phiem of undymg fame; and an
and rc|>cutant people, shall eiuroil iUui iiaiuc^
Trial qf Thomm Hard^
in the volume of histor}-, which records also
the names of Sidney, Hampden and Locke!
** The following Resolutions were tiien read
three times over, atid with the exception of
one or t^o persons^ were tmanimousl/
adopted :
'* 1. That the people, being the true and
only source of government, the freedom of
speaking and writing upon any subject, cao-
not be denied to the members of a free
vernmcnl, without offering the grossest i
to the majesty of the people.
" 2, That therelbre the condemnation of
citizens Muir, Palmer, Skirving, Margarotiand
Gerrald, to transportation, for exposing the
corruptions oj' the British government, was
an act belter suited to the maxims of & despo-
tic than a free government.
** 3, That the address wliich has now been
read, be presented to the king, in behalf of
the above persecuted patriots.
'* On the second reisolution being proposed^
an hiss was heard Irom dilferent parts of the
meeting, in consequence of one or two per-
sons holding up their hats against it ; on gb*
serving which, 11. Yorre tlius addressed tbo
meeting:
" Fellow Citizens ;— As your chairman I
call you to order. As an individual, I muftt
observe, that this hissnig is repugnyjit lo th©
principle of toleration or freedom, which wa
wish to see established, Wc liave this roo^
menl read, and ^ivcn our assent to, an ad-
dress to the kinz in favour of liberty of opinion ;
let it not be sam, that we are the first to violate
Ihatliberty in others, \vhich we claim for our-
selves. Opinions will always vary, even
amongst tlie wisest and bcbt ot men. Wq ara
boimd, therefore, to show tenderness to tha
opinions of others, and com pi
their prejudices. Let our ent j
consecrate by our example, wii^ii v
sec established as a principle. Hi-
convince ; they lend only lo irrilatr i
and to beget the ill-will of our felhi
let us, on the contrary, confront u_ ..
the weapons of reason and truth, the on
logic of^ liberal minds. Every thing whic
has a tendency to stir up the passions wit
awakening the tmderstanding is unbccomix:
of freemen, or of men who would be free/'
*' These well-timed observations had the
good cfiect of preventing any further signs <
mtolerance; and the utmost decorum
vailed throughout the conduct of the
ness.
" It was next moved, * that a ;-' '
' presented to the House of Comni'
' reform in the representation of lb-
*parhamcnl j' but so marked was i
(►toionly by a lew mun
d: upon which, Henry V'
uud addressed the meotin|j ni
0Sil
j^r High Trtatoftn
A. D. ITM.
[622
ilieoch of fti) bour long^ tinil of which it U im-
p09Mblc for us to give our readers a just con-
ccntion. He look a geoeral view oi' the Bri-
tish <!onshttition, and staled il!> most promi-
^^ which \h<t want of a
-cntation was the most
ic fiwcii Li considtrdble time qpon
Bs ^ and then jiraceedetl to lake a
' the exertions which had been
lit periods, and by diffcient
$0U3, vyf |M uuiutc the cause of parliaraentary
re form.
4* H,. r.l^vrrvfJ \\iry\ s\\^ subjcct was becomc
(mer'^ loyed to deceive thepeo-
; ji AS an engine to raise
)i needy and ambitious men: that
Ih' ime men who in opposition had de-
ckrvd Ihttt It was the only measure of saving
the country from niin^ were the first to repro-
nlthe measure of reform when they
^ver. From the comiptions of the
"Xi eniment, parties had been ^ene-
r U in their route to power, had con-
V i phindercd the empire. Under
t r I uns of names, principles had been
and for the sake of leaders, whom
had f»x»lishly idolized, the macliine
Ticnt rolled on amidst the fuuds and
. of warty. Eternally the peace of
V hao l)cen dii^turbed by tne ran-
Mimositie* of factions, and the pco-
pi* I of turning themselves to correct
the gtoft5 evils which existed in it, had ever
befn Ihc tools of base and designing men,
il prepared to whet and sharpen
l^tl* . . ds one against another*
was now high time ti)at the people
'»y a&ide leadcr9,discard, faclionsand act
elxfct, lie slronftly inforced these prin-
ad then entered uito a complete de-
nit constitution as established
1 1 he proved to be at this lime
tibial. ; if not lost, lie then pursued
the p ' i»e of popular liberty m Eng-
lifid, si.ir^liy which was the conse-
^Qeot» i Norman invasion ; and
takiog ^ irh of our history, so far
as il was connected with tlie subject of popu-
bf rq>rtscnlatton, he made some strong and
painted remarks on the Revulutioa in 1688,
the olyccl of which, he said, was not, could not
be ut&wercdf unless annual parliaments and
momi fuffra^e were reMx»red. For tins he
Iiidtfi* ■* ^ommers, who drew
up Ui> , and who was pro-
fnotcri , lur his popular cxer-
tiom . l^lf!epo<:h.
** ' that the Revolution had
r ) the ex pectations of the
y -r ^ *''*' rri nee of Orange
piat9li ^land^ than all
tdcai ' mnual partia-
mecrta were ct^accd, and the iHiKNiSt^L act
wii Miscd m the very f;i(c of that revolution,
And iJ3 difi ti to its principles;
Ibr Ibe rcvi > <> far as it respected ,
1^ poo^t^V ^^ ^^^ mtcudeU to be a compro-
mise between the king and ihe aristocracy,
for the joint inheritance of the people, but to
establish on unequivocal principles the right
of the people to govern themselves, and to
recall those delegated powers which they had
entrusted to their servants for this purpose,
when they were either abused, or neglected
to exercise them. If the revolution were not
a revolution for the people, it was no revolu-
tion at all, but a conspiracy of a few ennobled
oppressors against the liberties and happiness
of the many. But if it \^*erc designed to com-
prehend the people, and its end has been per^
verted, or purnosely laid aside, the people are
not warranted in petitioning, but are justified
in demanding as a Rights agreeably to the
lone of language used in the declaration of
rights, the restitution of annual parliamenta,
and the establishment of universal suffrage.
But tlie shock which was given to the stabi-
lity of these principles, was most infamously
flagrant, by tne enacting of ihe sfptennial
ACT, in the* reign of George 1st, If the act of
parliament in the reign of Henry 6th, erased
from the roll of citizenship stime of the best
members of the community ; the enacting of
the triennial and septennial acts, tilled up ta
the brim the measure of ii^overnnicntal mi-
quily, and iiourcd forth tlie waters of hi tier-
ness throughout our land,
** FtLLOw UiTizr.KS; — Enough of prece-
dent. The human race has long been rollinc
down the tideof ages neglected, unpiticd,and
opprcsse*!. Il is high lime that the devioua
course of human policy should not be left to
the uncertain issue of storms and of elemental
wars ; but that the machine of state should
be guide d by the polar star of reason alone,
winch is never seen but when the majcs^ of
the people is resplendent. What is benL'hcial
in the example of ages, wc ought to reserve
with caution, What is injurious, and what
is only toiembty corapeleul to answer the
common purposes of society, ought to be abo-
lished. VVe insult ourselves, when we ah*
jcclly distrust the powers which nature has
given us; nor ought wc passively to acquiesce
m institutions which, though injurious, may
he preferable to those Uiat may be endured
by others. Wc insult ourselves, wheii we
foolishly balance between tolerable vice$ and
poiitive good ; between unnatural systems, and
novel, untried, but just maxims* The human
mind is progressive, so is the social miod.
Thai the one Uierefore should remaiii sta-
tionary, amid tlie rapid course of the other
towar<ls perfection, is a prejudice as unnatural
as it is injurious to the happiness of man.
The governments of Europe present no delect*
able symmetry to the contcmolation of the
philosopher, no enjoyment to tne satisfaction
of the citizen, A vast, deformed and cheer-
less structure, the frightful abortion of haste
and usurpation, presents to the eye ol Ihe
beholder no systematic anungcmeui, no har-
monious organization of society. Chance,
ba^, lactioUj lyrmmiyi rcbellioD| maS8«i(Tt%
..Mk
ets]
36 6E0R6B III.
Trial of Thomas Hardi/
and tbc hot, inclement action of human paj^
sioDS, have begotten them. Utility never has
been tlie end of Iheir inbtitution, but partial
interest has l»een its tiruit. Such aborainahle
luid abimrd forms, such jarring and di<(sonai>t
principles, which chance has scattered over
the earth, cry aloud for something more na-
tural, more pure, and more calculated to pro-
mote the happiness of mankind. £x periencc
must resulate the meclianism of governmenr,
by which I mean not a narrow and con6ncd,
but a liberal and enlightened experience,
wbichy hearing without passion or prejudice,
the t^timony of ages and nations, collects
from it genera] principles, to further the pro-
gress of civilization. It is in history that we
we to dive for those rich materials of legis-
lative experiment, which are to ameliorate the
sodal oraer, and repair tliose breaches which
iiy ustice has long since made. But if this ex-
perience be found inadequate to the purpose
of alleviating human miseries ; if it afford no-
thing but the melancholy prospect of outra-
geous despotism; of excessive vices on the
part of the governing, and debasement and
vassallage on that of the governed ; if it ascribe
the oommotions of suifering countries to tlic
designs of factions, and not to principles; if
it shoWy that in consequence of national igno-
rance, after the first ebullitions of revolt, they
have sat down in a torpid calm, and borne !
with usurpations still heavier tlian those by {
wliich they were roused to arms^it must be j
mnied that tliis experience is important; j
because it teaches the suffering nations of the ■
present day, in what manner to prepare their \
combustible ingredients, and humanists in
what manner to enkindle them, so as to pro- |
duce, with effect, tliat graiKl political cxplo- i
aioo, which, at the same time that it buries
despotism, already convulsive and agonising, !
in ruins, mav raise up the people to^ the dig- i
nity and sublime grandeur of freedom.
** To effect this just and useful purpose, ,
reooUditm t^tenUmeiU mubt precede rovolutiun i
of government and uianncis. The po[iular \
energies must be excited, that tiioiH/puIar voice |
may ne felt and heard. The peopkMmi>^t ^row ;
wice, in order that the people may rule. It I
b said ve preach anarchy, hut what is anar- !
chy but the estahiibhiiicnt of confusion on I
the wrack of popular opinion ? it is said uo i
are levellers; but those are levellers uho
would wish to reduce man to tlie condition of
the brute^ guided by pasbion, and uuinflucnced
by reason. Those are levellers whose hands
are difiped in the public spuils ; who assert
impunity for crimes, and inviolal)ility of per-
90Of ; who woukl make hunmnitv take a ro-
tru^rade motion; who would palsy the arm
of jiifttice, and defeat tlic end of equal laws.
We have ever diKl&iincd the foolish idea uf
UMinf property ; because our own property,
the fmit of our labour, or of our talents, might,
by tlie eimiplci be exposed to the invaiiou of
Ibe firel intruder. It were well, if those wlio
confound jintke with erinesy wouki consider
[6S4
tl;at the poor man*s property^ little as it 18, is
as precious to him, as is the wealthy stock of
the rich man. It^ were well, if feeling the
force of this principle, the aristocracy would
unite with us in the cause in which we are
embarked . Property, they say, is sacred. Is
not then the property of the poor man as sacred
as that of the rich ; and ought it to he filched
or forced from him without his consent, any
more than that of tlie rich man? Can those
who do not respect the property of others,
expect others to respect their property ? We
wish to exall, not to level. We wi»h to better
the condition of the wretched ; to equalize men
under the influence of law ; but to give te
merit, industry, talents, patrimony, virtue^
their proper weieht and correspoiident dig-
nity in the social order. Are we then ungo*
vcrnable, because we reject mis-g(ivcmmcut?
Are we ungrateful, because we defend our
liberty and properly a«;ainst those who ought
to respect them ? Are we rebels in main-
taining our violated Laws again!>t those who
are open rebels to laws, and who set them-
.sclvcs above those laws wiiicii tii«y ought to
have vencratcil? I know, that iaali a>;es of
tlic world, people who would not he oppressed
have been rerkoned ungovernable uy men
who arc, or wlio would be oppressi*rs. I
know tliat the enemies of oppression liave
always been stigniatizc(l as enemies of go^
vernmcnt. I know that it is !(cdilious to
blame the excesses of power, aiul insolent to
mention the uisolence of tlioN: who abuse
power. I know that it is sedition U> distio-
2;uish between public right and public wrong,
between government and tyranny. Xor is it
enough to acknowledge all goofi government
to be irresistible ; bnt'ihc wonty and the abuse
of the best, must be irrcMstible albu. I know
that to cotnplain of tyranny is,/<ii7ioii, and to
throw it on rebellion; but they who oppress
are the greatest Rebels^ and tor the oppressed
to luin upon them, is but to rcsi4 rtchcllion —
it i.s but to do a ju^t and natural action.
Whfjcvcr violates the laws of reason, equity,
and nature, whatever htaLion ur luimc lie may
bear, is a Reltely subject to kr.vs a^itiusl ty-
rants and rebellion. Tyrants, liicrtibn*, and
oppressors, are the highp>t and uH*>>t con-
summate rebkls in the world— ca|'itai traitors
to Ood and Man, and punibhabic by all the
lawb of God and .Man. Amid all the absur-
dities and chimeras of paganism, it was never
believed that tyranny was warranted by
luravcn. It was never bclii vcd that tlie
bloody Caliqula was the vitT^iirtnt oi' God,
and that the wcrst of men had a ronnnis^iuii
from lieavcn to oppress the Innnau race. It
was never believed that murder, rapnic, and
misrule, were government; and that lawless
and bloody crowned robbers, were gover-
nors divijiely appointed. It was never be-
lieved tliat society had no remedy agaiubt
devouring lust and the raging sword, which
were destroying ail the ends of society,
and even society itself. Such indignities U>
esg
far High Treason,
A. D. 179*.
iGSd
God and man were never broached b^ pagans;
Ihcy never propagated doctrines which would
luve turned men into idcots, destitute of re-
Section and feeling; into beasts of burthen
and lieasts of sacrifice ; turned heaven into
hell ; human society inlo a cliaos of blood and
carcaics; and the earth into a place of tor*
ments. It never entered into the heart of a
Greek or a Roman, nor into any heart that
felt the sentiments of virtue and humanity,
that it was unlawful to defend nature; a crime
to ward off murder, barbarity, and desolation;
and an impiety to do the most godlike action
which can be done on this side heaven, that
of disarming tyrants, and of saving our country
from perishing. Government is doubtless a
ncred thing, and justly claims our reverence
and duty; out when government is general
oppression ; when havoc, spoil , and persecution
prevail, to the destruction of all who do well ;
when law and justice are banished, and mili-
tary despotism triumphs; when property is
attacked and seized without the consent of
its owner, and lives arc wantonly destroyed !
^s this guvcrnmcnl too ? If it be, tell me
what is not government ? I do not think, in
an age like this, that the people of this, or
any counto', can ever be so sunk or deadened
h^ oppression, but that repeated provocation
will raise a spirit amongst them capable of
accomplishing tlie greatest projects. Even
the most protessed and degraded slaves, the
people of Turkey, often rouse themselves,
and casting their proud rider to the earth,
trample him to death. A little spark often
kindles a great flame, and a flame soon
spreads to a conflagration. An ignorant
nation roused to assert its liberties, will
be road and furiuus; for when men arc
used hke beasts, tlicy will act like beasts!
But when an enlightened people, know-
ing their rights, arc rrduccil to a state
or degradation, they will knuw that tiieir
condition cannot be worse, but, by their own
efibrts, their condition must be belter. An
iniorant peuple, incited by repeated injurj* to
snake ofl the load of injustice, will rUk un-
seen evil.** and calami tic:; — will ri>k even a
civil war to be revenged un llicir oj^jiressors.
Such ^-asthe temper of the Komaiii upon the
revolt of Sacrovir — they cvtn cciiltcd in it,
and in hatred to Tiberius, wished success to
the public enemy. Such were tlic injured
people of Spain, who, whrii the Uoinan:>
came, joy full v received ibcm as thrir deli-
verers from ttjc tyrannous yoke of (!;fcrthLi^'.'.
But an enlightened peo|»U* will nfjvcT sully
the victories of |)dtriotisni by such irrcirular
conduct. Uevenge will never he adoptf'd as
a principle. Peace will actuate their dcniea-
Dour, and they will glory in awaiting thr sluw
process of universal in fur matiuii, as a prelude
to universal emancipation, rather than tarnish
the career of liberty, by involving their country
in scenes of terror, waste and depredation.
Oppressed nature will, at a proper season,
depart from passive principk ; and should an
VOL. XXIV,
attempt be made to wrest what remains ol
liberty from us, I tnist all men will concur to
vindicate their violated rights— for, if thu
attempt be suftered once, it will be often re-
peated. A few repetitions create a habit,
and habit will claim prescription and right.
For governors to be omninolent, the race ot
man must be extinct; and no argument iM\
destroying anarchy can be used, but what is
full as strong for the overthrow of lyranny.
It is diificult to restore public aflkirs^ when
once disconcerted, to tneir former steady
principle — numbers will engage in the cor-
ruption, and will try every art and power to
support it, and they will continue to do so,
until nature, which is always uppermost hi
man, signs their tragical doom !
" Citizens; — I repeat my former assertion.
Go on OS you hitherto have dune, in the cul-
ture of reason. Disseminate throu';hout the
whole of your country, that knowledge which
is SO necessary to man's happiness, and which
you have yourselves acquired. Teach your
! children and your countrymen the sacred
I lessons of virtue, which are the foundations
j of all human polity. Teach them to respect
, themselves, and to love their country. Teach
' tliem to do unto all men as they would that
I they should do unto them, and their love shall
> not be confined to their country, but shall cx-
' tend to the whole human race. When such
I a revolution of sentiment shall have dispersed
> the mists of prejudice ; when by the incessant
I thunderings from the press, the meanest cot-
, tager of our country shall be enlightened, and
; the sun of reason shall shine in ib^ fidlest me-
I ridian over us ; then the connnanding voice
I of the whole people shall rccowmend the fivir
hundred and fifty-eight gentlemen in St.
. Stephen's Chapel, to go alxiut their business.*'
I " The following Kesolutions were next roail,
; and unanimously appruvcd of', amidst th(
! luiule.st applauses.
I *' 4. 'i'h.it in every country where the pcoplr.
. have no share in tlicir government, iuxniio':
is i tyranny.
I "6. That therefore a govcrnmrnt is tyran-
. iiical or free, in proportion as the peopie .ip.
; equally, or unequally, represented.
j " 6. Convinced of tins tnitli, it is the opi-
nion of this meeting, th^r t!i(.' ptojilr- oii^Ji;.
^ to demand as a ri;ihlf and not ]>f:'itiop as :•
■J'fu'uury for univrrsa! rcprcsciil.iiioii.
" 7. That tin lefure wo will priilii n iK.
I nouse of CoLiinions no mom on tin-* >u!|!e< i.'
■ [Hcnd from " An Ad(hess to the Rriti-h \;.
tioii,'' from Iho fir.-i p.Ti;c (piic;^ 27 o\ th'
i pamphlet) and from vw^c IJl t<i ."o.]
I « A,i A,Unys to the ijritUh Witio?/.
1 " Vrifiids and Covnitrymcn; — We \\i\.
! heard this <iay <lccided, with tho <;\crpi! )ii o.
' only on(^ dU^r'-itien' voire, that t!ie lion /« i
! C'o.nmoi:;; >l:'iil m-vrr :iL;ain he imiffmeii h\
' us, m the .^ul'jiM t ur'p:»ri!;Lnji iilary r-'i"ii'i.
I " We o\\*' t" llu* naliu::, in pcti iit>, evm
■ to foreign touniiics, ai-l ♦..» Uv-i •.v^s\:iv\cv>xv..
i 2 J5
6271 35 GEORGE III.
Hself imdet wliich we live, an e^tposilioo of
©ur motives. To the natioo we owe this duty,
because we are of opinion, that the will of
THE MAJOafTV OF THE PKOPLE, SHOULD BE, AT
ALL Tiiffi:*^, THF. suFHEME LAW; and that if
ihe/ew dissent froro the opinion of the mttnifj
however obligatory Ihc w^ill of the majority*
may be to them as a rule of action, yet opi-
nion is always free and sa.€red, the right of
man to enjoy, and the cotiscieniious duty of
man to dimisc. UndtT the full conviction of
this principle, we feul ourselves, td prttent^
-the minority, bccayse we are the first to agi-
• tatc the quD^tion^ and to repel" the monstrous
idea of petitiouing whcD our petitions are not
leccivca by the House of Commons. But, we
are nymexouii— we are many ihousanils ; and
as nothing opens tbe eyes of men so much as
tbeir interests, we demand, fellow-eitizens,
my, we are entitled to it from our numbers,
that yon lend an attentive ear to tlic tmths
"we are about to ultcr^ and to the reclamations
we are about to make in Ikvour of opprejssed
' humanity." - - '
• ^ * Our petition was received wilhthe utmost
• nidi^Datioii by the House of Commons ;
which was no rnort; than we expected. We
Jcne w that tbe homely truths we uttered ^ would
he very unwelcome guests in that house. We
never expected that a body in which there
were so many placemen and pensioners, would
Hslen to the palpable facts stated in that ]>eti-
tioD ; the object of which was to root out in-
justice, and to curb Ucentiousness and cor-
ruption^ Nevertheless, as we were called
opon by our countrymen to unite with them,
• we thought ourselves bound to comply with
their wishes. And, although our petition was
disd^nfully rejected^ hecausc not couched in
language gufficiently polite and respectful for
Trtat of Tkmas ttardy
im
rioua treatment rather gives warning thin
strikes itrror. The abuse of represenialitia
can nevf?r come in the place of a nilpi for no
legal power can be derived from iujurqr or iii-
juiitice. On this ground alone, there lore, we
are justified in preserving a sullen s&ienceiii
respect to the House of Commons, For, if
grievances^ abuses, complaints, and truth, are
to be discarded from that House, because not
dressed in a gent tana fi-ttke language, how art
we, plain meclianics, ever to ubtiiin reditsi,
who are not gcntiemtn, and who are, conse^
quently, ignorant of those polite and courtly
expressions which are necessary to pin •
hearing in that House. We are ignorant of
the art of displaying tnith by halves, and, »
we love plain dealing ourselves, we detest
hypocrisy in others, and pity those who w<?uJd
wish us to fulluw their example. We said to
the Hou^e of Commons, we are wronged tod
ag2;rieveil — will you right us, and redress our
grievances, or will you not? If ycm will, wie
shall be i^atisfied \ if you will liot, we ibdl
seek redress some oilier way. This is tbe
iole miestion with us, and we put it, as we
thougnt, in a most becoming style to tbe
House of Comniotis. But, our p€iki&f% being
scon tec], we shall trouble them no more ^ilt
our coarse and unmannerly language. It will
be our duty to proceed, as we have uniforroty
done hitherto, in enlightening the pubic
mind; and, when a complete revolutioQ of
sentiment shall take place (as will shortly be
the case) in our country, we shall open oar
mouths, in that key we think most ag re^lc
to ourselves ; and our voice, together with
that of our disfranchised countrymen, will
resemble, perhaps^ the thunder ings fram
Mount Sinai !''
9S9]
Jor High Treason.
A. D. 1791.
[630
she to see the sanctuary of virtue erected, and
the standard of liberty planted in our J and,
around which the people may rally as to an
holy of holies. In short, we desire to see the
altar of equality blazing in Britain, whose
streanos of fire, whilst they shall shock, con-
vulse, and tear down the rotten pillars of pre-
judices; whilst they shall consume tyrants,
and terrify public delinquents, shall pierce
uto the hearts of the whole people, and con-
frm the wide empire of morals on the wreck
of superstition and vice. Such is our equality,
and such is the equality which wc proudly
gratulate our countrymen, will shortly be
established in Britain, and which wc invite
you, PEOPLE OF SCOTLAND, to partake of. — ^The
banks of the Forth, the tields of Bannockbum
and CuUodcn, and. that tribunal of Edinburgh,
which has disgraced your capital, shall yet bear
testimony to tkie cause for which Flctcuer
wrote, and Wallace bled."
[Two envelopes, in each of which was inclosed
a copy of the proceedings of the public
meeting, held at Sheffield, on the 7th of
April, 1794, were read ; one addressed '^ To
lOr. Vaughan, esq. counsellor at law,'' the
other " To the honourable Charles Fox."]
William Broomhead cross-examined by Mr.
Gibbs.
You said, about tlie time these pikes were
tslkod about, there had been a niischievuus
buid-bill circulated, for the purpose, as you
suppose, of cxcitino; the people aeainst the
society ; can you tell me what was tlic general
substance of it r — I had one in my hand, but
canoot speak to every thing it contained.
But wnat was the general substance of it }
"-It was a call to the people to arm against
foreign and internal cncmie?!, and the reply
which was made to it was couched in the same
language.
Ibat was the first thing that was published ;
at what time was it pubiisiicd r l>elore or after
this meeting that you speak of? — I do not
recollect the exact time, but I read thcin
both, and should liavc been happy if I had
had them bolti here.
But you say tlie object of it was to provoke
the people? — It was given out, by various
people in the town or >shctiield, ^c can never
<lo any thing against these people, aj^inst
the society, till we ourselves cau>e a riot'.
Tktie people meant the society?— Vcs; and
I saw myself several per. -run ^ ride up and
'iovOy round the market place, lull iraliop, to
ride over (eGpIt-, when, at the same time, it
was only boys.
The cry w«&, ilicy coiild ntvr r do any ililne
with you; unless they e:iu->ed a liot uL'uin*:i
youy they could make utxLiu^ *t it r— it i.as
been safd so, but 1 cannot re''.oii<ei who sai'l
It; but this wji.ked haiid-tiii u: ; <'arii.:£, wjtn.
out the saficlion of the Uw, or'u.'. iiiiii- Irate,
—I read it; and, ii I i.dd been ?.v,aTL oi thi^, I
wuuld have brought it;— tiiiM w^s tlic cau^c
of uij thing being spoken cunccming amis.
Among all the conversation you have ever
heard upon the subject of these pikes, were
they intended for the purpose of making au
attack upon any power in this country, or only
for defending yourselves, if you should be at-
tacked?— I never understoo<l them in any
other light, and what was said about them
was in answer to this wicked hand-bill. Tht:rc
was neither Mr. Wilkinson's name, nor Mr.
Althorp's, nor any gentlemait*s name in the
town to it.
Whether you ever collected, from those
who talked of pikes, or ever produced any,
that they meant to make any attack u|K)ii
any of the powers in this country, or only to
defend themselves, if they were illegally at.
tacked ? — ^I'his was the very truth ; to oppose
illegal force, and direct violation of tho law of
the land, made upon us, as was done at Man-
chester and at Birmingham.
Then they were meant only to be used on
the defensive ? — Mr. Gale had this hand- hill
in his hand, when he first mentioned Uie
pikes at this meeting, or in his pocket ; and
there were several resolves printed in hia
paper the week following, and direct answers
thereto, mentioning something upon the
matter. I would have brought them both
with me, if I had been apprehensive of this.
Had any of the people in tliis society to
which you belonged, any idea of making any
attack upon either the King, or the House of
Lords ? had they any idea of altering the go-
vernment in that respect? — I think they ought
to be sent to Bedlam, if they had.
Had you, as one of that society, any such
intention yourself?^ Just the same as* Hying
to the sun.
But to speak plain ; by that you mean, I
suppose, that you never had any such thought
in your mind ? — No ; never.
What was it that you wished to produce by
these meetings of yours ?— To cnhghtru the
pectple ; to show the f»eople the reasfiU, the
ground of all their comiilaints and suHerinifn;
when a man works haru for thirteen or four-
teen liours of the day, the week through, and
is not able to maintain hib family ; that is
what I undcrstofid of it ; to show the people
the ground of this ; why they were not able.
\\ as not the object of your meeting a par-
liamentary reform ? — Yes, it wah ; ar»d a-, such
we corresf>onded witli tiic r-.tifMiy of the
I Friends of the People, as v/ell as liic Consti-
I tutional Society.
I Who were the members of the rriend-. of
j tr:': People ? — There were several rounnuijiei-
I tioii-, I know, received fr^iu that v>f ieiy.
Mr. .Studrt, I btht\e was the secrelarv ? —
Y« ,.
.*5hould \oti have continue] a member of
tiii-s ^oeitly. :f jkou had tiiougM tiiiit Jhej. ; 1 1
air. iiiltnl or tYt'Akiu2 ei»:j'.r Ut*: t..iig, '.r i..»:
lof'Js, or of C"!; ii'.rj;; ::.♦; -..i;^ Irciu i.»3
thront: r — No.
You would not ? — No.
biiould you not have abhorred sun *
idea ?— Ye?, y:s.
631]
35 GEORGE III.
Have you any reason, from any thing that
ever passed in tho society, to believe there
was a single member of it who entertained
such a notion ? — No ; and I do not believe
there is such a wicked man ambngst them.
The object of your meeting, you say, was to
stale to the people the grounds of certain evils
which you thought to exist ; and wished to
bring about a parliamentary reform— * Was
that a parliamentary reform in the llouse of
Commons? — In the House of Commons.
You meant that the king and the lords
should remain as they were ; but that there
should be a reform in the House of Commons?
— ^Yei.
Did you believe, and was that the ground
upon which you acted, that by producing such
reform as you wished in the House of Com-
mons, that those evils would be remedied ? —
That the King, the Lords, and Commons,
might themselves, with the concurrence of
the nation, remedy these evils. As to refor-
ming, as to the expenditure, and other mat-
ters, we had not the vanity to think of such a
thing.
Then do I understand you right, when I
suppose this to have been your principle —
that you thought the King, and the Lords, with
the House of Commons, so refonncd, would
redress all your grievances? — Yes.
Was it your object to attain this end peace-
ably ? — ^1 here is no one doubts it in Shcflield,
that will speak honestly.
I speak of your own partiailar object —
Your object was to attain it peaceably f—lt
Have you any reaion to think it was the
objecl ol iiijy other man in the socirty^ to use
any but peaceable means to olitain it ?— Not
to my knowledge-^ what persons might do,
had any Uiing happened, as a convention
Trial of Thomas Hardy [6iSB
tation of the people of England in the Hnae
of Commons ?^I always underatood it ao for
my part.
William Broomheady re-examined by Mr.
Garraw.
I could wish to ascertain whether I have
taken you correctly; you meant, and a» hx
as you understand, your society meant to pn>->
duce a reform of the representation of the
people in the Conmions House of parliament
by peaceable means ? — Yes.
But you apprehended, that when you should
depute your delegates to a convenUon, that
you trusted to that convention, and that whtt
might then be done you could not answer far,
not being able to answer for the wickedness
of individuals — Did 1 take you correctlv ?^
Yes.
For the purpose of obtaining this destnble
object of a parliamentary reform, you say yoa
corresponded not only with the ConstitutioDal
Society, but with other societies ; and among
them, you have named a society called, a so-
ciety of the friends of the People f— Yes.
Do you know the aaswer which that society
returned to youfs as earlv as the 36th of
May ? — I do not now recollect the answer.
Perhaps I may assist your memory, by re-
mindinij you of the reply of your secretary to
that society ? — Perhaps it misht not be me.
Do you know a person of the name of Ash*
ton?— Vcs.
Did he over act as secretary to your so-
ciety ? — Yes.
You have sakl that your objf'ct, and, as far
as you know, Ihroycct uf your socie^r, was, to
obtain a reform by peaceable means, and by
enliehlenin^ ilsc public — I ask you, if you rb
not know, iTmtupon the society of the Friends
of the People returning some answer to yoor
6SS]
Jbr High Treason.
A. D. 1794.
[634
cated to your associated society, tiic Constitu-
tional Society, that this society, the Friends
oi'the People, whatever tliey professed to do,
were not fit [wrsoiis for your having any thing
more to do with them ? — I do not Know that
such a letter was coniinunicatod, nor such a
letter received.
I do not ask you, whether you know that
such a letter wus receive*!, or whether you
know tliat eucii u letter was sent ; but £ ask
you, It' tiie result ot' your deliberation was
not, that they were ujiiit for your society,
that the Coustitulionul S<iciety might bo so
informed ? — Nay, 1 am uo\ certiin Uiat it was
the result ut' the delernunation ol* that meet-
ing; I rather think that it was determined af-
terwards, it' it was determined at all.
Do you recollect whether Mr. Yorkc took
any |>art in thai discussion ? — No, he was not
there tiien.
Who were the parties? — Several persons
spoke, among whom I was one.
Have you read the declarations published
by that society, called the Friends of tlic
People : doubtless you have, for your informa-
tion; or if you have nut read them yourself,
have they been read in your society ? — I
might have read them — I will not say — I be-
lieve I might.
.Do you not know that in lanj^age, to
which to he sure I can do no justice, they
declared their firm intention, by all constitu-
tional and proper means, to produce that very
tiling which you state to have been your ob-
ject, a reform in the representation of the
Commons House of parliimient ? — Great num.
bers of people did nut hclieve them— they did
not believe them to be honest.
However, they had inudo those professions ?
—Yes ; there was something of that.
But that you did not quite believe. Was
this, think yon, as early as the 2Gth of May,
1792, that \ou disclaimed these Friends of the
People ?— it may, 1 do not recollect the time
exactly; 1 think ii might he uhoul that time.
And that was long licforc Mr. Yorkc came
amonv yim npun his hi^t mission ? — It was.
And of course Ion:; he fore all those discus-
sions. He so good as to tell me a little more
dibtinctly what this inischievou«< hand-bill was
that excited yon to arms — I believe it was
calling upon people to asK)ciale, and to arm
ag^nst l'orcii;n invaders and domestic ene-
mies ? — Yes; but not wilh any magistrate's
name to it.
But the object was caliinj* upon the people
of Sheffield to arm against lowign invaders
and domestic enemies?-— Vrs; and that
meeting, when arms nmtc s]i()k( n of, it was
determined, in several rc^oliitioiistogtt those
arms lor the sanu; purpose, in reply to that.
Let us see that wc quite understand one
another. Did you adupt that hand-bill, and
arm in consi^quenci.' uf it, or were you alarmed
at its being prodi;:;iously unconstitutional, and
arm against it ?— I never did.
But the socict} ?-- Some few might.
Was that to arm against the invasion of
foreit;n enemies, or protect yourselves against
attack from domestic enemies? — It was
couched in words, which were taken and put
inlore.solves, and advertised in Galc*3 paper
the next week.
Your society, after this hand-bill, calling
upon people to arm against foreizn invaders
and domestic enemies, took tliat nand-bill as
their text, commenting upon it, adopting
their resolution, and arming themselves?—
Yes, against foreign invaders and domestic
enemies.
Your reason for doing this was, that you
were afraid of illegal force bein^ used agaust
you, as iiad been done at Manchester and at
Birmingham. Did you apply to any magis-
trate for protection ? — It was needless till the
injury was done.
Give me the facts first, and the comment
afterwards. Did you apply to any magistrate
informing him, that you, who were peaceable
persons, had been threatened with attacks,
and wanted the protection of the civil power?
— No ; why should we till we were attacked ?
I am not capable of arguing with you ; I
say that unaffectedly. Did vou apply to any
magistrate, informing hi in, that any peaceable
persons had been threatened witli attacks^
and wanted the protection of the civil power r
—No, not to luy knowledge.
But, on the contrary, you published resolu-
tions for arming ? — ^To that purpose, couched
in their words.
You had no intention at all of altering the
government, but of applying to the House of
Commons to redress the grievances, under
which the people suffered ?— I always under-
stood it in that light.
How early was it that you came to resolu-
tions in your society to petition the House of
Commons no more; for that these 558
persons were loo fine gentlemen for you; and
you were not used to the cuurtly language that
would suit their ears? — These were drawn up
by (;ale and Yorkc, and therefore they were
\vinked at outof compLnsaiue to them.
And you, who were too rough for the
House of Commons, were courtly enough to
pass these resohitiuiis which were proposed
by Yorke and Gale, two of the artivc mem-
bers of the suriely — Vou say the society
winked at them ? — Isuj^pu-e they did, know-
ing them U) he of superior knowledge.
However, pass Iheni yon did ? — Yes, be-
lieving them to he of supuior knowledge to
ourselves.
Ihe next step was to furni a convention,
and hy the delegates l«j procure a lull, Jair, and
equal representation l»y means ul the conven-
tion ? — ^'i here was then at that very time a
})etiti(m to the king.
About the slave-trade? — Yes, and about a
reform loo.
Whether this was a part of these resolu-
tions which passed upon the subject of arming
— « That tnc landing of llessiau troo^% vv\
6S5]
S5 GEORGE III.
Trkd of Thomas Hardif
[636
tliis country, a ferw;ious and imprmcipled
horde of bulchen, witliout consent of parlb-
roent, haj :i suspicious and abrnuog appear-
ancej is contrary lo the spirit of our coustilu-
tion, and deserving of the marked indignation
of every Englishman" — Was tliut one of the
resolutions Uiat jou passed at the tiine of
adopting the resolutioQ about the hand -biU ?— *
That was passed when the lecture was read.
Was that long after the hand-biH ? — No ;
long before.
** That it is high time to be upon our guard,
aince these armed monsters may in a moment
be let loose upcjn us, and particularly as the
erection of barracks Uiroughout the kingdom
may onlv have been an introductory measure
to the li fling them with foreign mercenaries"
— Was thai one of the resolutions you passed
long before the hand- bill ?^-8ome time before ;
I do not know exactly how long.
Be so ^ood as to tell me, as you were to ann
at Sheffield, very properly as 1 agree with you,
for the sake of preventiDg attacks upon you,
whether you communicated to any other
parts of the kingdom the gort of instruments
with which you meant to arm yourselves,
and your plan of arming ? — I never did; and
I do not know wliothcr any body else did
or no.
Do you mean to say, that you do not now
know thalyour society com mmiicated plans for
arming, the mode of procuring the instru-
ments, and the models of the weapons ? — I
never knew a syllable of that till I was in-
formed of it before the privy council
Then if Davison, in the name of the society,
sent any giuch letter to London, you were not
in that secret ?— I was not^
Vou know Davison very well?— Yes, I
knew him s^omc little time.
He was a menibcr of the society ?-«Yes, I
« FAST DAT, ai ohervtd ai SHEFFIELD,
*^ J Seejolts Lectuee, tklivertdtit SuJtiPFtELD,
Feb, ^Btftt 17^, Ireing ihe Day appointed
Jbr 13 GEMERAt Fjist^ to n^hick art added m
Hymn, and Eesolutioits.
[From the beginning to page 3,]
« FAST DAY,
** A Moifal PrOtlamaiioH having b£€fi istiiedt,
commanding Fthniari/ the S8jA, 1791, toH
obtermd as « Gencrul Fasif the Friends of
Peace aui UeforMj in Shejfieid, deUrmiwd
to honour the Da^ in ihe mod distinguished
Manner. Accordingly the THOU^iANDS
of thai Tosm assembled upon a tpaciout phm
near West-street, BackfieldSj ^here ihe Aied*
ing ^^as opened with Prayer ; fi^}er which a
Seriovs Lecture, suit able to the O^casioKj
was ttad with great Energy i0 the immense
Concourse qf Feopie, who listened in the iwM
attentive Silence. A HiiiN, prepared Jhr
this Solemnity f ^oi then sang in full Chorus
by ihe whole As&cmUy. Immediuteiy afttr^
William Cam AG r being called to the Chuir^
ihe yollomng MesolaliiMis were unanimomlii
pa&tedf and the Meeting dissolved in that
orderly and pcaceabte Manner^ ^hich io cwi*
neatly distinguishes the patriotic lahabitanU
qf Sheffield.
" A SEtirous Lecture.
" Id every age of the world, the catise of
truth has always met with its opposer% when*
ever it ctianced to clash with the interests of
a venal tribe of Kingtj CoariicrSf Frietts^ and
Ihch ac4:omplic€$. By reading over llie 18th
chapter of 1 Kings, we hnd thrit this was the
case ; yet the Almighty was pleased by an act
of Omnipotent Poukt^ to overturn the malice
C87]
Jbr High TreaioH.
A. D. n94f.
[638
taincd their end— for ' the ears of the Lord are
* not open to the cries of the foolish, but unto
* the wise/
' ** It is in this point of light, I view, with
concern, a combination of Kings apparently
leagued against the cause of Freedom ; a com-
bination which I believe to be odious in the
sight of Heaven, although for its support we
are commanded a second time from the
Throne, not of God, to fast and pray for the
success of our arms over our bretiiren, who
arc struggling for every thins that is dear to
Man, and which is the will of God he should
be possessed of— Libebtt, ctviV, political^ and
religious. Life without them is a burden/'
[Page 11, Resolutions, &c.]
" RESOLUTIONS.
^' Resolved unanimously,
« 1. That War, the wretched artifice of
Courts, is a System of Rapine and Blood,
unworthy of rational beings, and utterly re-
pugnant to the mild and benevolent principles
<>f the Christian Religion.
" 2. That if the present war, be a war of
Combined Kings against the people of France,
to overthrow that Liberty which thejr are
struggling to establish, it is, in our opinion, a
war of the most diabolical kind.
^ 3. That when public Fasts and Ilumiliar
tions are ordered with the same breath, which
commands the shedding of oceans of Human
Blood — however they may answer the pur-
|M>ses of State Policy— tiiey are solemn pros-
titutions of Religion.
" 4. That the lauding of Hessian troops in
this country (a ferocious and unprincipled
horde of Butchers) without consent of Parlia-
ment, has a suspicious and alarming appear-
ance, is contrary' to the spirit of our Constitu-
tion, and deserving of the marked indignation
of every Englishman.
" 5. That it is high time to be upon our
Guardf since these armed monsters may in a
monient be let loose upon us ; particularly, as
the erection of barracks throughout the king-
dom may only have been an introductory
measure to the tilling them with Foreign
jVIerccnarics.
" 6. That the high and free-born minds of
Britons, revolt at the idea of such a Slavish
"System, and cannot be so far broken, as to
kiss the hand which would chain them to its
will.
" 7. That rcacc and Liberty arc the off-
spring of Heaven, and that Life without them
is a burden.
" 8. That the Thanks of this Meeting are
due to Earl Stanhope, for his Motion and
spirited Speech for acknowledging the French
liepublic, and restoring Fcace to our dis-
tressed country; f<jr his Motions and able
Speech in behalf of the persecuted and siifl(;r-
iog patriots, Messrs. Muir, Palmer, Skirving,
tDd Majrgarot, in wliich he nobly stood alone;
and also for the whole of his truly animated
and benevolent exertions in support of llie in-
jured Rifihtt of the People.
" 9. The Thanks of this Meeting are also
due to Mr. Sheridan, for his nervous and elo-
quent Speeches in the cause of injured Patrio-
tism, and in support of the ConsUtution; and
also to eveiy other Member' of Parliament
who has nobly stood fon^'ard at this important
crisis, in support of the Constitution^ liber-
ties of Englishmen.
" 10. Tnat if any thins had been necessary
to have convinced us of the total inefficacy of
argument against a Ministerial Majority, the
decisions which have lately taken place in Par-
liament, would have fully confirmed our opi-
nion.
"11. That therefore the People have no
remedy for their grievances, but a REFORM
IN PARLIAMENT— a measure which we
determine never to relinquish, thoueh wc
follow our Brethren in the same Glorious
Cause to Botany Bay.
" W. CAMAGE, Chairman."
'* LONDON CORRESPONDING
SOaETY.
" UNITED poa a REFORM in PARLIA-
MENT.
*' Commiltee Room^ March 80, 1794.
<< RESOLVED, That the Society approve
the sentiments contained in the Serious Lec-
ture delivered to the CONSTITUTIONAL
SOCIETY at SHEFFIELD, on the 28th of
last month — and eamestiy recommend it to
the perusal of all who think CIVIL and RE-
UGIOUS LIBERTY a Blessing.
'^ Resolved, That the Commanding a Oene'
ral Fasty for the purpose of imploring the Di-
vine Father of Mercy and Peace to support
and prosper us in the horrid act of deliberately
destroying our fellow-creatures, is repugnant
to the true spirit and principles of Christi-
anity, where wo arc commanded to pray for
our enemies, &c. And further considering,
that a great part of tiie PFX)PLE are unac-
quainted with the nature of the present WAR,
either as to its justice or necessity (every en-
deavour bein^ used to keep them ignorant of
the real principles and design for which it was
commenced) to approach and to supplicate the
Omnisciekt Power, under such circumstan-
ces, and for such a [>urpose, must indeed be
dreadful, since knowledge and conviction are
wanting. — ^I'hc zcorse than hypocritical hearts
of tiiosc who are the Authors of such a mea-
sure—although they at present impose upon
the ignorant and credulous, by such detest-
able, such pretended show of devotion-— cannot
escape the chastisement of that Power ^ whom
they thus insult, and trom whoso judgment
there is no appeal.
♦*T. H\RDY,secreU
S5 GEORGE III.
« SOCIETY FOR CONSTITUTIONAL IN-
FORMATION.
^' March 2Ut, 1794.
« RESOLVED, That the Secretary of this
Society be directed to write to the FRIENDS
OF PEACE AND REFORM, AT SHEF-
FIELD ; and to assure them, tliut this Society
"^dews with pleasure, their steady exertions to
ottain a fair Representation of the PEOPLE
of Great-Britain in Parliament; and the pro-
per methods which they have taken to cm-
ploy usefully those days which may be ap-
pointed for Public Fasts.
" D. Adams, secretary.*'
Henry Alexander sworn.— Examined by Mr.
Wood.
Were you a member of the London Corres-
ponding Society ? — Yes.
How lon^ is it since yon first became a
member ?— it was tlic latter end of the year
1793 — I do not know the week.
What division were you ? — Division twenty-
nine.
Did you meet at Robinson's Coflec-house,
Shirc-lane? — Yes.
How many might your division consist of?
— ^I think 1 was the twenty-fifth member
when I went in.
Did you know Mr. Yorke? — Yes, by sight.
Was he a member of the Corresponding
Society ?— lie became a member while I was
there.
Do you remember his being with you the
latter end of the year 1793, at Robinson's
Coffee-house ? — Yes.
What number of people might there be as-
sembled at that time ? — I suppose between CO
and 100 — the room was quite full.
Did Mr. Yorke tell you whether he was
going to leave you, or not? — On the Li-t
night that he was at the society, he took
leave of them by a long speech — he said he
was going to Bel-gi-um— Bel-gina.
Did he say for what purpose he was going
there ? — Yes ; that he was going to head the
French army, and should be back by Christ-
mas; that he had received a letter from
a friend of his in Bel-gi um, where they were
going ; that they would be ripe by Christmas
■—he was going at the head ot them.
Ripe for what ? — For a revolution.
Did he say whether he meant to return into
England again ?— He did.
What more did he say? — He said he was in
ho|)cs he should come at the head of tlicni to
England.
One of the. Jury. — Where was he to come
to?^— To London.
You say he made a long speech upon his
taking leave ? — Yes.
What did he say to you in that speech— the
substance of it ?— The substance of it was
as I informed you before— that he had re-
ceived a letter to go over; that he liad an
offer of being a member of the National
Trial of Thomas Hardy
1840
Convention in France; and 'that lie wts in
hopes he should have the pleasure of coming
here, either by Christmas, or the beginning of
the year, at tlic head of them ; and that be
should sec them all ready to join him ; and
that he was in hopes that Mr. Pitt, with the
difi'erent ministers he mentioned, and the
king's head, would be upon Tcmplc-bar.
Lord Chief Justice Eyre, — ^That who would
join them ? — That the society would.
Lord Chief Justice Eyre, — Whose heads
upon Tcn'ple-bar ?— Mr. Pitt's he mentioned,
the minister's, and the king's.
Mr. Wood — Recollect as much more of the
speech as you can.
One of the Jury. — Did you mention the time
when this meeting took place ? — It was the
5th of November, 1703.
Mr. Wood, — Did he say any thing to you
about the king and queen of France ?■:— Yes,
he did — he made some observations upon
them, but I cannot recollect the words now.
But the substance of it ? — ^The substance
of it was, tliat it was what they had deserved
— that they had met with their desert
Did he say any thing about war ? — ^I Jo
not recollect that he did.
Did he say any thing about the Sans Cu-
lottes ? — lie did make mention of the Saos
Culottes ; that they were a set of brave fel-
lows— lie said a deal about them, that tiiey
were a set of brave fellows.
Do not you recollect wliat he said besides ?
-^I do not.
Did he say anv thing to vou about arms ?
—He did.
%VIiat did he siy about arms? — lie said
that he was in hopCi> wlicn he came, ho should
find Iheni all ready to join him, and that
when the ]>oint came that he hoped they
would not be alraid, and spring ur shrink
from what they pretended to ho ; he said, it
was impossible to do any thing without some
bloodshed.
One of the Jury, — Whom did you mean by
the they K-'-The sotiely ; he was speaking to
the society.
Mr. Wood. — What did he say about blood-
shed ? — lie said, that there would bo no goo»l
done witliout some bloodshed.
Did he say any thing to you about Sheffield,
or the people at Shetiield? — He said, Hint
there was a set of brave men thcic.
Did he tell you in wlmt thry were brave ?
—I cannot say tliat tie did.
What more did he he .say about the Shef-
field men.? — I do not recollect.
Where was tlie blood to be shed ? — lie did
not say.
Did he say any thing about brtad and
cheese, do you recollect? — No ; there was
such a thing mentioned in the society one
night before ; there was a per;)on came
in ironi Sheffield, and said tliat they bad
pikes made at Sheffield at sixpence »*piece ;
there was another made answer in the
roooi| who he was I did not kooW| nor liim
\Ul}
Jhr High Treason*
A-D. I79i.
rws
Ircim Sheflicy; he Maid it would de •/ui>J
i lur tbtm to have Ute s^ame, il wottid univ be
pjiviu2 upon bread and cheese fur ooe day;
I Jlr. Yvrke was not there then.
Was it the V it ?*-N0| it uiigbt be
L^OOr three lii re,
was Mr lorke's speech received
Dg 3?<jti? — (luite unanimous; when he
Up we all got up and abook haiuU witli
birn; all rose and &hook hands with him
Livhca he e;ot up and left the room.
I littd Chief Justice Effre. — Did you see
r^lf Vnflcany more ?^ f saw him no more
Hirf. — Do you know where he went/
\^^l did not
Did ywi cootli^uc in the society aAer that
[nighti or leiive it ?— I went after that to Mr.
[puQdad*^ o^ice, and likewise to my lord
fjniyor, who is sitting there : — No, it was sir
aes Sanderson,
|ve you seen an^ other bills like Ihal
idng one to the witness] ?— No.
I ^ou see that before f — No.
Why did you go to my lord mayor ? — Be-
Lcausc I thought It was proper liiat govern-
at ahuuld be let into the light of what they
fttt proceeding upon; immediately as 1
out what they were I gave informa-
What had you apprehended them to be at
! ^rhi } — At the iirst 1 was asked to go to
sgcicty— I did not know whnt Ihcy were ;
k soon as I got in, Smith was delegate ; the
oa with me was a friend of Smithes;
asked me to be made a member — I
; I did not know wliat it was, I gave
co-pence, and they gave me a ticket.
Wbrrc is it? — I gave it to Mr. Dundas's
ficretary.
How long was it before tliat? — I think I
I iciveti limes tliere.
ii/ejfianc/rr*— Cross-examined by Mr*
Erskine,
What are you ? — A linen-drap<»r.
^WbfBTC do you live ?— At the Uose, in tlie
I reside there at present
_ . time of the year was il that you
ifft went with your friend to this society ? —
ToiiMilatbe latter end of tlie year 1793.
Bid you go for i' ^e of being a
meiober ? — 1 did not l became one.
Jbr what purpose uiu v^m go?— I went for
I purpose of going to a chib ; my ac<)uaint-
^fraelced mc if I would go to a society with
iim, and I went.
Who is llus friend ^'^His naroc is White-
bom,
Vou went these perhaps from curiosity?—
Koflbiaift else.
Was Mr. Yorke there that night ?— lie was
>»Wbo mtgtil be there that fir«.t i>i^ht ?—
ae Ihal were liiereaa del* hlcy
Ci and Baxter was xhi arc
1 1 Imow Vj^ namty v^cefii Whtietituu,
VUJL XXIV.
Wlat day of ihc montli was it ? — I caoiiQt
say.
Wlmt day of the week was it ? — Of a Tuea-*
diiy.
Jn what monlh I — ^I cannot say the month*
Tr> ? — I cannot.
Did you hear any thing that tiflendetl you
that night? — No, nothing; at all.
llow'long did tliey sit ?^ — ^lill twelve — 'lUI
near one o'clock.
Wliut did tliey converse about ?— They had
pa[>crs.
Were they read ? — I think Mr. Smith had
some paniphkt thial night to be read ; he ge-
nerally broudii papers of some kind.
Then you heard it read ? — Yes; there was
something read that night.
Did you become a member that night ? —
Yes,
After you had heard that read ?^Thcre wai
nothing read till after I was admitted a
member.
Then you were suddenly converted into
a member; you went there out of mere
curiosity^ with no design of becoming a
member, and at once^ when Smith started
up, you became a laember t — lie asked
Whitchorn*
And VVhitehom went from curiosity? —
No, he belonged to them before, to a society
in Holborn, which I did not know till after-
wards.
When did you go next time ?— I missed two
or three nights.
You say you attended seven meetings ?— I
Uiink I attended seven times.
Was Yorkc there the second time? -No.
Who was there tiic second tune ?^I do not
recollect — Smith wiih there.
Did not you become acqtiaintcd with the
people who were there, by conversing witti
Ihem? — ^No; I conversed with Ashley, I apoke
to him two or three times.
You became a member, because you wished
to propagate their opmions and doctrines ?-^
Not at all.
Then in plain English you went there as a
spy ; did you not ? — When I went 1 did not
know what il was.
When you became a member, did not you
become a member for the purpose of mfomH
ing ? — After I knew what they were 1 did.
Had you had any opinions upon the subjcc
of a reform ? did you wish a relbrm of parltat
menl ? — I did not,
Xben why did you bncome a member if
you did not wi^h for a rt. lorui in parliament,
hut for the purpose ot being a spy ?— When t
became a memDer I did not know what they
were.
Did you not know they were a locicty for
parliamentary reform ? — Yes,
You say you did not wish a parliamentary
reform ? — 1 scarce knew what tlicy meant by
it when Ihey read it over.
Did you wish a parliamenlary reform when
you became a meiq^i^ when you heard that
% T
6*3]
S5 GEOKGE III.
)
pftp<?r reail tlie first nighl? Now mind; did you
uibh a parliamentary reform, or aiiy altera-
tion iy the House of Commons or in the go-
vcfumcnt any way?— Upon your oath (look
icross to the jury) — Did you, uj>on your oath
when you Wcame a member of that society
%isb and desire to have any alteration in an v
part uf the government ? — You need not loofc
■I me» 1 shall hear it wcU enough ; why do
Jfoti hcs^itatc — come, cough it up» answer me
fliat upon your oalh; are you acquainted with
Mr. Doiin** of Manchester? — No.
I shonkl have thouglu you were ?
J,orcl Chief Justice Eyre— Why do not you
answer the question ? — I do not understand
you.
Mr, Enkine, — I am sorry for it ; I befievc
rm are the only one in court that does not:
will put it again to you, because I wish to
*'" eivilto you* Did you wish a parliamen-
y reform, or any alteration in the go-
menty when you became a member of that
ety ? — I never wished any thing of the
J.
Then upon your oath, why did you become
a member of a society for parliamentary re-
form, if you wished nothing of the kind? —
The reason of my becomine a member, was,
when I went in, as I said before, Smith asked
White home if I would not be made a mem-
ber ; he said no, I had better not to-night ;
but Smith urged him, and said make him a
member ; then one got up and read a paper, I
heard him read something, but I did not un-
derstand what he read till after I got the
paper from him; they gave me afterwards
what they read over, and the ticket
Then you read it? — I do not know I read it
that night,
Did you read it before you went there
igain ?' -Yes I did.
Then since you took the paper read in the
society home with you, ana read it in the in-
lervai between the first lime and the second
time of your going there, you must approve of
it before you went a second tiroc? — I did not
You thought there was danger In it?— I
tead It to two or three of my mends ; ihey
were of the «anie opinion as myself.
What is become of the paper?— I left it at
Mr. Dundas's office*
Then you went of course, the second time,
for the nurpose of becoming an infomicr?*--
1 did ; I went to see what they were upon.
Between the first and second time you went
to that %o€iely, or before you went to it at all,
had you been desired by any body to go for
that purpose ? — I had not,
ThtMj you went of your own mere motion,
bcranse you wished to be serviceable to thc3
pubiic by going there J^Thc second timo I
did.
* See his examinations on the trial of Walk^
|[55et Asubaequcni
trinl ftOd i.w»tivKUv/u ivi ^ijU4^f |J, 1100.
Triid if Thomas Hardy
When you were there you pretended lo ]
a friend, no doubly and to approve of what i
goin§ on r — I did.
Whereas ui fact you were a spy?— -So
proved at last
Y'ou went the second time in order to
one ? — I went in onler to see what
plan was, — what the real grounds of it i
Did you take down any minutes on pftpcrl
—They would not suffer it.
You went again a third time T — I did.
Was it tticn that Yorke talked of the pikes t
"*No.
They tnct weekly, did not they?-*-£v
week.
That would extend to near two monlhsf
then of course you can tell us what month
was in ? — The month I went I cannot t%y.
How lung ago ; was it in 1793 or 1794 f--
In 1793.
Was it winter or summer ?-*Towards
latter end of the year.
How long before Chnstmas, think you^
I cannot say that ; I recollect the day wh
Yorke made his speech, I attended twice i
I had been with Mr. Dundas.
Should you know the persons if you San
lliem, that attended this meeting at the 4
of this year? — I cannot say;--*I ahould J
Ashley.
If you saw the countenances of the
people tliat you s^w in that room?—! do
know— I could not swear to them.
W^cre they generally the same people^ i
different people ? — Different people;
came from different divisions.
How many people do you mean lo i
were in the room that rose up and
hands with Mr. Y'^orke, when he stated wb
you iiave told the jury about bloodshed i
about arms? — To say exactly I cannot
member ; there might be in tlie room upw^d
of sixty, or between that and an hundied|
the room was as full as it could hold.
I have almost forgot the name of the plaoti
* -A coffee house in Shire-lane,
Then they all shook hands with Mr. Yor
in applause and approbation of what he saidj
— Yes, they did when he got up to quit the
room.
Was that when be was going to Btt-gi^m f
Yes.
Was tliat the word he made use of, that
he was going to Bel-gi-iunf — Yes— Be^j
gi-ara or Bel-gi-um.
Had you heard of that place before?— N©p
nor did not know what it was.
And he said he was going to boad tte:j
French army ? — Yes, he was going lo
gi'um, to head the French array, ^d alu
be back by Chrbtmas; that he had reoeivod a
letter from a friend of his in Bel«gi*um, ihil
they ^^ listmas.
YtJii «, Rs a lover of
COUn!i Ke.
N ' other raMi9«
Then J vu wcat vuiunafUy, witboul «rw
Mnr «niti1(md by any body, or desired by |
any Body f-— There were three of my friend's
'oned it to, who thought I s»hould do
J said, in giving the information.
So are they ? — One, his name is Brough-
( another is a widow lady,Mr5. Grass wood,
*' , Bryant.
J long have you been in business for
_lf ?— -I am not in business for myself
That are you then?— A hneo draper by
pf^eaaioD.
&ut not for yourself ?*-Nd.
A'hom do you live with ? — I urn not in a
^tuation at present.
You are in a very singular situation, I think ;
wbal do you mean by not being in a situa-
tion I — Not in employment.
How long is it since you were in empby-
njenl? — In May last
Where did you live ?— In Moorfields.
Where there ?— At Mr, Kcllerby's, No. U,
«bury-piaceb
e is a linen draper, I suppose ? — He wa«
— be has since let his ihop to another ;
he tarries on the tailoring business,
-llow long did you live with Mr. KeOerby ?
ivc months*
IThcn waa it you went to him ?— 1 left him
Uk2ay — I went to him in December.
r ou came to him in December ? — In De-
ober,
t\^ou came to him as a shopman^ did you f
les.
^herc did you live before that? — At Mr.
* 'cr'a, a linen-draper, on HollK)rn-b ridge.
>id you live long there ? — I lived there
•I two years.
cc you lait left this Mr. Kellerby, have
been applying for any other business } —
Wliat sort of business ? (look across U} the
jUfy>--For the same.
it is a long time in this town, where there
IS »o much linen and catlico, to be out of
sinea^ : whom have you applied to, during
it time, to be employed l**-! have applied
^fferent people.
To whom? — ^To Twymaa and James, in
ilbom.
\ else ?— r applied tu another person
just opened *hop ; he was going to
'Ir. Marley, in Holborn» with him
Jivc^ No. 320, facing Gray's- inn-
JJow happened it you left him f-^Bccause
Dbligaied to attend here.
I you have lost your business by at-
I here? — Ihave.
ytni are a good patriot, indeed ! so
Om a zeal for the truth, and in order to
re that wiiich you have been proving, you
I wokp oW your agreement with this Mr.
^■^ 1 1 he to give you a year ? — ^IVcnly-
forb
^t;o is it since you entered into
^ageiueoi with him?-- Some tilse
» ht q>tOf)d ihop.
Yoii ktow. I do not know when he openi
shop; when was that? — On the Iwcnly-secom
of last month, I think.
How long was U before he opened alioi
that you entered into this agreement wii
him ?— I cannot say.
A day or two days?— A considerable tima
before.
How long? — I believe the latter end oi
July, or the Dcginning of August.
So you entered into tin agreement with him
when did you go to tell him that you cour
not goon with this agreement ?— I told him
How long ago ? — 1 told him the day after
had the subpoena that I must leave him.
How long ago is it that you had the su
poena ? — I had the subpoena last Tuesday
ni|bt.
Who subpeona'd you? — Mr. Wood.
Were you told it was necessary' that y
should give up your employmenl tor that ?
No.
Did you ask, whether they would alloi
you to continue with this linen-draper, ai
give you notice when you should be wanted
— I did not.
Did you apply to tlie solicitor of
treasury, or any body engaged io this pi
lion, to tell them that you tiad entered in
such an engagement ? — No.
So you gave up your employmenl voUm
rOy, because you were wanted here at t
Old-Bailey, for half an hour?-- Yes, for
other reason.
Did you ask Mr. Marley whether he won
consent to take you as his shopman, and allu
you to come here for the purpose of givinj
evidence ? — ^No.
Had you an idea that Mr. Marley wou!
have recused to permit you to obey the kiu;
writ, by coming to give evidence here ?— 1-
that continuance ol time that I expected
would be.
Where is Mr, Marley's sliop ? — In Holbo
So you mean to swear, that having enter*
into an engagement with Mr. Marley,
receive ^bL a year, you put yoursell out
employ without ever asking him, wlielh
your attendance here was consistent with hi
employment, or asking the solicitor of l'
treasury, whether he would give you noti
when you would be wanted to give evidencel
— Yes ; I only left him last l-nrby.
What reason did you give hira ? — I said
was going out of town.
Then you do not speak the tnuh, T suppoi
unless when yoiiiixe upon oath ?— Yes, 1
Why then did you tell him you were gor
out of town ? — Because I expected to be si
for to Sheffield about Yurke.
How could jou exprct it when you kn
that this trial was couung on, and you w
subpoenaed here? — I expected to go after,
soon as this was over.
What made you suppose you should
called to go down to Shcllietd lu soon as
trial was over ? — I only buroaiiit'd that m
own imagination.
16
M
1 do.]
647]
35 GEORGE IIL
Trial of Thtmdt Uardy
[648
Had any body told you ydu were to be
employed upon*that busincssy after you had
been here upon thisjob?— No.
Then what made you think you were to go
down to Sheffield lAer Mr. Yorkc? Look
at the jury, do not look so much at me, I have
seen enough of you.— The reason of my
thinking so was, I had been informed before,
that he was expected to have beisn tried at the
last assizes at York.
Who informed you so? — Mr. Wood.
. You told me a little while ago you did not
know you were to go down ; it was only a
surmise of your own mind?— Immediately
after this was over.
You have not sought out for any employ-
ment since, have you ^— No.
Where did you live before you lived with
this Mr. Kcllerby ?— At Mr. Faulder's.
Where before that? — In Cheapside, with
Mr. Smith.
How long is that ago? — ^That is between
four and five years ago.
How long did you live with Mr. Smith, in
Cheapsidc? — I was with him eighteen mouths,
I believe.
And left him five years ago? — I do not
know that that is exactly the time — I left him,
and went in the country for eleven months.
For your health, I suppose? — I went to see
my friends.
Where do they live ? — ^At Washford, near
Salisbury, six miles from Salisbury.
Who are your friends you went to see there ?
—-My aunt.
Wliat is her name ? — Alexander.
How long did you stay with her? — ^I was
there eleven months.
That is eleven months out of five year«,
when you paid your affectionate respects to
?rour ttunt — What did you do when you came
>ack? — Where did you go next.* — ^To Mr.
Marley's.
That cannot be, you know ; for that is five.
years ago } — I went from Smith's to Fauldcr's.
You know it is five years ago.— It is rather
better than four, I believe.
You lived eighteen months with Mr.
Smith; you went to your aunVs, and staid
eleven months ; when you came back, after
having paid this visit, and after you had left
Smith, where did you live before you went to
Fauldcr^s ? — I was with an aunt in Old Bedlam.
Another aunt?— Yes.
Where is Old Bedlam ? — On the other side
Moortields.
Is her name Alexander? — No, Simpson.
How long did you live with her? — It is
impossible for me to say exactly how long
it was.
Did you live tlierc up to the time; for if you
do not tell mo that, I shall ask you where you
did live— did you live with your aunt in Old
Bedlam after you came out of the country up
to the time you went to Faulder's ? I do not
want to hurry you.- -I went to Smith's irhen
1 returned from the country; from Smith** I
went to my aunt% In Old Bedhun, and was
there till I went to Faulder's.
I am thrown out quite ; you have changed
the whole thing upon me at once— when you
¥rrite your life youmust be alittle more correct
I will just take it down — ^bow lone is it ago
siuce you lived with Smith ? — Ramer better
than four vears ; but 1 cannot be certun.
What did you leave Smith for?— We had
some words.
Had some words — ^what might the wordi
be, think you?— I do not know I am sure
exactly now; we had some words, and ujton
tliat account we parted.
You have an amazing good memory ; you
have repeated a whole speech a knan made at
a meeting; but you cannot remember thft few
words that passed between you and your
master — now try; I will sit down and givi
you time.
Lord Chief Justice Eyre. — ^Why do not you
give an answer ? — I cannot recollect the word%
It is so long ago.
Mr. Ers^ine.— Then you do not remember
the words ? — I do not.
When you have words with a man, it means
you had a quarrel — You know I did not ask
vou what you said to your master, and what
he said to you ; but what was the quarrel
about — ^You must have a strange memory for
a witness — who is to repeat a whole speech,
if you do not remember for what you left
your master — I wish you would look at those
gentlemen ; they are very good looking-men.
Mr. Attorney General. — Mr. Erskine has
said repeatedly, that this witness had repre-
sented that he stated the whole speech that
Mr. Yorke made — I say, that is not only not
correct, but it is very far from correctness.
Mr. Erskinc. — I am exceedingly glad to l»c
corrected, and I shall esteem it no interrup-
tion whenever you do ; because I am so used
to this work that nothing can put me out — Do
try and recollect what was the nature of the
quarrel between you and Mr. Smith.
Lord Chief Justice Eyre. — Do you recollect,
and if you do, have you any objection to
telling us ? — No.
Lord Chief Justice Eyre. — ^Then do you
recollect what you quarrelled with Mr. Smitli
about ?
Mr. Erskine. — I am entitled to have the
benefit of this gcntleman*s deportment— If
your lordship will just indulge me for one
moment.
Lord Chief Justice JTyre.— Give him fair
play.»
* Mr. Burnett (Treatise on various branches
of the Criminal I^w of Scotland, chapter 18)
thus notices the EngHsh method of deatiag
with a witness on cross-examination :
** Nor do we allow that latitii^ "
termed ]ic€noeyteooii»Mi ?*
nation which 1^"*
far High Treason.
Mr. EnkinD^^'Ht has certainly had fkir
play~-l wUii we bad aa fair piay ; but that
fs noiaddresMd lo the Court.
Mr. Attorney Gcuera/.— But whom do you
mean f
Mr. Eriitme.— I say the prisoner has aright
to fair play.
Mr. Garrom. — But you said it was not said
to the Court.
Mr, Erskinc—^Bul T am not to be called lo
order by the bar — ^Do you or do you not recollect
, whai wa^ ttie cause of your quarrel with your
liiasler ? — Home words that happened between
I the sho|>man and me— We had words first,
' and then ray master and I had some words
on accuuiU uf it, and then we parted.
What was the nature of ttie (quarrel between
you and tbie sho^^aa, which led to the
quarrel between you and your master ; because
now you i*ee you begin to recoUert it ? — We
hwd some high words and he called me, I
said 1 would not be put upon.
People seldom begin to ahuse one another
without some reason ? — y^'e had words— I was
)iul as well a* him, 1 *%upposK' — We called one
Another foals — I do not know whether we did
tool btrike one another— he wanted lo be
head— I Siiid I would not put up with it.
Who was he ?— His name is Williamfi.
What is his Chnslian name? — I do not
recollect.
ills credit f or, as may be said in many cases,
his temper ; by which a plain and honest
^'itness may be often confoundeil^ and ao
irritable one led into indiscretions as unbe-
coming the Court as mjurious to the cause of
truth and of justice. I'air and honcj>t wit*
nesses,"*tho,^e who, to usr the language of
the Imperial Rescript, • 6»impliciter ^isi sint
* direrc, qui iion tmutn eundemque meditatitm
? sermonem attulcrint, sed a<) ea qua? interro*
* gaveras, extempore verisimilia responde-
* rint,* are entitled to the fullest proleclion
of the law, and ought not by the inge-
' nuity of a pleader to be led into perplexities
tnd fleetnmg contradictions. The state of
society in our neighbouring country ,— the
description of those who often appear there
as witnesses in the trial of crimes,— the
greater frequency of false accusations, and
I sometimes of vexatious prosecutions, and the
rule of evidence that the testimony of ene
witness may in certain cases be sumcient to
convict ; all account for, and perhaps render
necessary, a mode of examination which has
hithertobeen little known in Scotland."
** It i.s this iicenre in the English mode of
cross-cxHminatton that has given rise to a
doubt with some late writers on the English
law, whether ex ami nations in open court are
in every instance preferable to private cjcami-
nations, taken down in writing. See Evans's
Appendix to Pothier's TreaUsc on Obiiga-
! twyns, p. 936,' --Burnett on the Criminal
•Law ol Scotland p. 406. — Sec also, as to this,
Peake's Law of Evidence, cb. 3, 8. fi, pp. 148
rt icq, andch.3, s. 0, pp. 'iOi> a uq, 4th edit.
L
Do you know where be went to afterwards ?
— I do not.
Have you ever seen Mr. Smith since you
parted from him ? — Yes, once.
From Mr. Smith's did yoii go to your aunt ?
You told me before that you had gone lo
your aunt's, and returned from near Salisbury
to Mr. Smith's ? — I went to Mr. Smith's after
returning from Salisbury ; then 1 went to my
aunl's in Old Bethlem ; there I was till I
went to Mr» Faulder*s.
You arc sure it was in the latter end of the
year 179J, that you heard all this about pikes ?
— Yes,
What did you hear at the third meeting
you went to?*^I cannot say — I took no par-
ticular notice of any thing that I beard but
that night.
How long did you stay the third time?— ^i
Till between eleven and twelve o*clock. '^^l
At what time did you go in the evening ?-'^^^
About eight-- 'between eight and nine, ~
And staid till between eleven and twelve.
—Yes.
Do you recollect any thing said that third
night ?— I won't pretend to .say I do any night,
except that time that York made his speech ;
lliat I can recollect particularly — varioul
things were read over at different times.
Wimt were you doin^ between the hours of
eight and twelve at night? — Sitting there—
they kept the books open, and they admitted
members, till nine o'clock, I think it was.
How many members were admitted that
night ? — I cannot say.
But there were some members admitted ?*--
I do not know whether any members were
admitted that night — there was in general, of
nights; but tlie books were kept open for
admission of them till nine o*c1ock.
But I take far granted, that a great deal
must be said between eight and nine, and
eleven and twelve; because you know you
went there in order to inform ? — I went ibere
to hear what they had to say.
In order to inform, you have told us before
— Then did you hear nothing at all ? — I look
no particular notice of any thni^.
Yuu went the fonrth ijjght---did you?— Yet.
What lime m the cvcnmg did you go the
fourth night? — 1 suppose about the same lime.
And since you went in order lo collect in-
formation^ you staid, I suppose, till the party
broke up. What was said that night 1' — I do
not recollect any thing in particular.
Not a syllabic N<*i do not recollect any
thins at all.
Wliat lime did you go the fifth night?—
About the iame time, I suppose*
And staid, of course, tdl it broke up ?— *
Yes,
Can you recollect nothing that passed that
fifth night ? — I cannot recollect to say in par-
ticular what nights they were— I think 1 saw
Mr, Yorke three times there— -he came in with
another person-- he said they had been lo
NeM*g^te lo Mr. Frosty auid that he was to
J
651] 35 GEORGE III.
be pilloried the next day— he said he had had
tome words with Mr. Kiihy,
What did you hear said that night by
Yorke about the pikes P— I never heard Yorke
mention about the pikes that I know of ^ it
was a person in the room— I do not think
Yorke was there the night the pikes were
mentioned ; it was a person came in from
Sheffield, and said, they could set pikes at
sixpence a*piece from Sheffield; another
said, he thought it would do for them as well
as for the people of Sheffield, and it was oidy
living upon bread and cheese for one day.
So that is all that you can remember in all
the times that you attended? — I remember
hearinr Yorke speak another time about the
anny's oeine defeated, and their havms mop-
sticks to defend Frost while he was pilToriea.
Was this on the seventh night? — ^I cannot
say.
Thomai IfftifeAom sworn.— Examined by Mr.
Bower.
Were you at any time a member of the
London Correspondmg Society ? — I was.
At what time did you begin to be a
member ?— The same evening as the witness
that WHS last examined.
About what time of the year — the begin-
ning, the middle, or the end ?— Towards the
latter end of the year.
What is your profession ? — I am shopman
to a l^pokseller.
The first time you were there was with the
Inst witness, Alexander ?— -It was.
Do you know how Alexander came to go
there? — I believe we went together.
Did Alexander propose it to you, or you to
him?— I cannot say; but we both went the
same evening, I believe.
Were you both admitted the same night ?
—Yes.
How long did you continue a member ? — ^I
believe we paid fur a quarter that evenine— I
was there, to the best of my knowl^ge, about
four or five times.
Did you see Mr. Yorke there at any of the
times ? — Only once, to the best of my know-
leilee.
llow long did you continue a member after
the night you had seen Mr. Yorke there ?— I
was not there above once or twice after thaL
Have you quitted the society ?— Yes.
How came you to quit it?— I could not
conveniently attend— I left my situation— I
did not know any particubr reason.
You remember Mr. Yorke being there ? — I
do partictilarly.
Were there few or many people in the
room at that time ?— There ought be from forty
to sixty People.
Did Mr. Yorke come in as an ordinary
member, or dbtincubh himself in any way ? —
He came in as thouch be had been there
before, and seemed to be very well known.
Did he s^v any thing?— He made a long
sfpaech; I left him speakings and dv nM
rcowater aanripvt of hn speech.
Trkd qfThmoi Hardjf
OSSt
Do you mean that then» mi^t*be.fiirtj
people when you came in, or when you wenl
away?— At each time the room was nearly
full
Though you do not remember the words of
his speech, perhaps you can recoUect enough
to say, whether it was a moderate or violent
speech, or what the subject of it was?— He
seemed speaking very loud, but I was at the
farther end of the room firom him.
Cannot you take upon you to recollect efen
what the substance of his speech was f-^No ;
not a sentence I could not swear to.
You were there the first night thai tiie
other witness went with you? — ^I believe it
was the first night
Do you recollect, before you went oot of
the room, whether any thing was said about
Yorke, about his intentions of either being; in
one place or another, about going abroad, or
being at home, or any thine of that kind ?—• -
I understood something Uiat he was going
abroad.
From whom ?— I beUeve he mentioned it
in his speech ; I did not mind the particular
words; or whether I understood it from ai^
body else in the room, I am not certain; but
I understood he was about quitting England.
Whom did you live with at toe lime yoo
became a member of this society ?— The uio
Mr. William Owen, in Fleet- street.
Where did you go to afler that ?— To Mr.
Baxter*s, a bookseller, No. 81, in the Strand.
Do you recollect enough of the speech that
was made by Mr. Yorke on that night, to t«U
me what impression it made upon your mind
at that timer
Mr. Erikine, — This cannot possibly be
evidence.
Lord Chief Justice £j^re — He is able to
give no account at all of it ; and as to any
impression upon his mind, certainly you cannot
ask him to that
Mr. Bostr. — Had you any conversation
with Alexander afterwards about what had
passed there ?-— I saw him a morning or two
after wc were there ; I believe I might ask
him how long he staid after I left the room,
or something to that purpose.
You say you quitted tlie society soon after?
— Very soon after ; I beUeve I was not there
above four times.
What was your reason for quitting the so-
ciety ? — Because I left the situation 1 was in.
Had you no other reason but that? — ^I
lodged a't a different part of the town, and had
not time if I had a will to go.
Was your reason entirely because you had
changed your situation, or had yuu any other
' reason besides ? — No ; if I haJ retained my
situation, I should have gone again most
likely.
Have you always said that that was your
reason ? * Recollect yourself. — 1 do not know
that I have said any thing about it ; it ^
matter I never thought to be qnesti
and never troubled n^self about iti
6S51
Jbr High Treaion,
What pArl c»rthe room were yoa in — were
fm near Mr. Yurke ?— No, quite the reverse,
Loftl Chief Justice Et/rf.—Uovf long have
you koown Alexander?— Some montlia; I
esnnot say how long.
Lord Chief Justice Etfre.—Wh^l was his
situation I — He was in a linen-draper's shop.
Lonl Chief Justice Eyre, — What jihop was
he in ? — At the first of my knowledge of him
at Faulder's at Holborn Bridge.
Ciorgc T['*ddi$m sworn. — Examined by
Mr. Bower,
Yoti lived at Sheffield, I believe ?— Yes.
rU'hat b your business? — A hairdresser,
ave you any other employ ?^ — A turner.
ere you at any time a member of the
Conuitutional f^ocicly at Sheffield ? — Yes.
About what time did you become a mem-
bor ?^I (}u not know exactly ; it is about two
fmrt ago, or above that.
IV«fe you at any time a deleg;ite, at any
division of that meeting ? — Yes.
What division of the Sheffield meeting
were you a delegate of? — We were not sepa-
rated into divisions at that tim^ ; we were all
unHed^ and used to meet at different houses.
Wh«n w^as the separation made ; how long
after you became a member ; do you recollect
at what time you became a delegate ? — 1 can-
not say.
Iluxv rnriny members mi eh t there be at that
tii p few hundred**, perhaps.
> I Fountain one of^thc houses you
mMmtf—Ves.
Do you remember, at ahy time, being there
al any meeting of the society ?— Yes.
Uo'w many people might be there at the
time ? — To the best of my recollection^ that
w Hie first time I attended, and there was,
|MriMD«» about two hundred.
Aod that is about two years ago? — Better
IbsD two year?.
Hotr long did vou continue a member of
tbtC aoci^ty ?— About two years,
Wlun you first remember the society,
«hcfe did they hold their meetings at Shef-
6cy ?— At that bouse.
1*0 you know a person of the name of
Yorkc ?— Yes.
Do you know him by any other name f— I
do not
When did you first sec Mr. Yorke ; about
what time? — About a twelvo-month ago, I
Wliere.
Where was it?— I cannot tell exactly Ujc
plicr 1 saw him at ; eitlier at Mr. Gale's, or
vcT sec him I at any time after* at
1'" ' 'ngs of the Constitutional So-
• ral.
'Ct at any time, whether
an active part; who was
^ v^ gcQenUiy chairman when
tut oAco there? — I have seen him at
lliforor Ibui diHiercEt inoctingi .
at<
tit
Mr.
A- D. 1794. [654
About what time, as near as you can
recollect, did you see him? — I saw him atone ^
meeting in Queen-street,
When was that ? — It was not long after tlio
execution of the king of Franco.
W^ hen did you see liim at any other meet-
ing ?— I saw him at another meeting, at the
sign of the Barrel. '
IIow Jong was that meeting, do you lecal'
lect, after tJe furnr^r ?— I cannot recollect.
Do you recollect any thing partictdar in
Mr. Y^orke*3 conduct and speech, when you'
saw him al the Barrel ?^ — I do not recollect
any Unrig particular in his speech; he ap.
peared to me to be rather in liquor, al thef
time he was there. ^^
Do vou remember seeing him, at any time^
after that, at a meeting in" the open air ? — ,
Y'es ; I saw him at tiie meeting at the Castle- i
hill. ^
That was about the beginning of Novem<-
ber last;— was it not ?— No ; April.
What was done at that meeting f — ^Thal
was the meeting that the pamphlet you have -
been reading was proceeded upon.
Were you there when any delegate
elected ? — I have been there when tt^rc hava'l
been delegates elected.
I mean a delegate to the Scotch Conven*
tion ? — Oh ! I was there.
When was that? — I do not recollect the
time; I suppose it is a twelve-month ago I
liearly.
W^howasthc delegate? — Matthew Camp*^
bell Brown.
What was he ? — He is an attorney by pro*
fcssion, I believe.
Was he an attorney at the time he
elected ^—Yes^ be was; but some little time^
before that he used to act as a player.
Did he go to EiJinburgh in consequence of
the appointment of a delegate ? — I believe ht 1
did. J
Did you see Mr. Yorke, at any time in Xb§ ]
present year, at ShetTicld ? — Yes.
In what month l^l think the first t'mit ]
that I saw him was the latter end of Mart h,
or beginnin g of A pril.
Did you attend upon him ? — I was cmpby*
ed as hair-dresser to him.
Where did he live at that time?— At oms
Mr. Cawlhome's.
Had you an opportunity, when yoiT were
about Mr. Yorkc, to know what he was do- .
ing ; whether writing any thing ; or what he
was about?— I do not know in particular what
he was about
Di<l you learn, durinjg the time you attend-]
ed Mr. Yorkc there, whether any addreis, or I
any thins was going forward that he bad any ^
share in ?— 1 cannot say I did ; I saw an ad- i
dress afterwards that was said to be wrote bjTi
htm. 1
Were you ever willi Mr. Yorke, at anyj
time when any tiling was siiid about arma?
Yes; I was.
What tJEDc was that; tcU us tbe eir
655]
35 GEORGE III.
Trial of Thomas Hardy
[656
Stances first that happened respecting arms,
when you have been with Mr. Yorke, and fix
the time when it was? — It was some time in
April, I think.
In April;— tell me what passed in your
presence, at Mr. Yorke's, between Yorke and
you, respecting arms? — I do not know par-
ticularly what passed between him and me ;
it was the general talk of the town, at
the time the arms first began makinj^;
and Mr. Yorke and me had s(K»ken about it :
and other people likewise had been there
speaking with him about it.
Who bad been there speaking with Yorke
about arms, when you have been with him ?
— Not when I have been with him ; but peo-
Ele that have been there with him, I have
eard them talking about them.
Do you recollect an^ particular people that
you have heard talking with him about
arms ? — I have seen different people there ;
but I do not know whether those were the
people that had been talking to him about
arms.
Have you had any conversation with Yorke,
or instructions from liim, about arms ?-7-Not
directly with him ; I made some myself^
What did you n>ake? — ^I made a dozen for
Mr. Gale.
Made a dozen of what? — Of pike-shafb.
Did Mr. Yorke know you were making
them ?-T- Yes, he did.
You were making some for Gale; did
Yorke know that?— lie did.
Did you tell Yorke, or how did he become
acquainted with it ?— I do not recollect whe-
ther he spoke first to me upon the subject, or
1 to him ; he asked me once or twice, if I had
made them ; I told him I was making them ; and
when I had one made, I carried it to him to
ask him, if he thought that size would do for
them; he said he thought it would, or to that
purpose.
How many did you make ? — About a dozen,
or a duzen and a half.
Did you dispose of them ? — No, not myself.
What became of them ?— Mr. Wilkinson
took them.
Mr. Wilkinson is a magistrate there ?— Yes.
Did he sf izc them all? — I do not know;
they have not been in my house since.
You only made about that number in the
whole ? — Yes.
Had you any conversation with Mr. Yorke
res))ecting the purpose for which these things
were to be made?— Not particularly with him
upon it, more than other people ; it was ge-
nerally understood, that it v^as to act in our
own defence.
You understood it was to act in your own
defence ? — I meant to have one in my own
defence.
Did Mr. Yorke say any thing to you about
a reform in parliament ?— Yes. '
What passed between him and you, res-
pecting the reform in parliament that was
8uugljf( foit— Wc never bad miidi ■boulit be-
tween ourselves, but what passed in public ;
he has chiefly delivered his sentiments )■
public about it.
Have you ever had conversation with bJm
in private about it ?— I have.
Did you understand from him, what he
meant by a reform in parliament? — Yes.
What did he tell you ? — By way of univer-
sal suffrage.
IIow came that conversation between you ?
— I do not know ; it was a thing that was of*
ten spoken of.
Die! Yorke know what you meant by a
reform in parliament? — We all understood
each other, as I always understood^ that "we
were all for universal suffrage.
When you say tie, whom do you mean?—
All the society.
Did you inform Mr. Yorke that it was what
you understood by it? — I do not recollect
particularly informing him, that that was my
meaning, because it was a matter generally
agreed upon among us, and so there was not
much disputing about the mode of reform.
In the conversations you had with Mr.
Yorke, did you and he unitbrnily agree about
what you meant by a reform in narliameni,
oc did you difibr?— We agreed till some few
weeks before Mr. Yorke lef\ Sheffield the last
time.
In what did you disagree with him?— I
disagreed with him in respect of universal suf-
frage.
Did you tell Yorke so ?— I did.
What said Yorke to that ?— As near as I can
recollect, I told him, when I went one morn-
ing to dress him as usual, thai I thought the
plan of reform we were upon would not do :
he asked my motives for it : I told him, I
thought it would carry us too far. — Well, says
lie, i have studied it some time myself; I
have read various authors upon the subject ;
and I cannot see that any rctorm will be of
service to the nation, except that.— -very well
then, says I, so far you and I difl'er in opinion,
and I will no longer subscribe my name to any
thing that tends to universal siiffnige. — Very
well, he said, thru you must give it up ; an(t
there the conversation broke up.
After that, did you conlinue to have the
same sort of communication witli Mr. Yorke,
upon the snhicci, that you had had before,
when you told him your ideas did not go to
the length of universal suftraj^e ? — No ; I had
very little conversation with him after that, it
was very seldom that I had much conversa-
tion with him upon the subject, when I was
with him, for my stay was generally short.
After that you had not the same kind of
communication ? — No.
How long was this before Mr. Yorke left
Sheffield.^— Perhaps two or three weeks be-
fore.
Do you remember the meeting in the open
air, at Sheffield, in the month of April?—
Yes.
Were you pxesenl at Aat meeting ?^Y«.
r there?— He wa».
1' make a speeclj ihere? —
^ Mc length.
Lis speech ?^ — ^Yes;
1 '"■ 1 . '[.
' lid you so IQ see Gale ?
ties ; I rL tri Uiat.
iafi you lun wiih Gale or
I t-t lit- jvjivi lui ihc shafts you hod
! fir thpp^>_N0,
II to apply to for
1 in f>;irUciibr who
h if.
t , ' people tliat
them of tue, I to pay me,
(I yon m:ikc i l igr sale? — Yes*
buy atiy ?— No.
V tiiat Uic maghlratcs seized
yuu f — rhcy told iiie jTo.
vc said you had utily some private
tions ifpiih Mr. Yorke, but tliut lie
,nv ullier conversations Ihat were not
,. .K , I i, ^^ iipard
1 1 other
.- — 1 i,.i^^ iiL^iHi iJiiti speak
pie, who have bccu alunir
^ -., ..„^iLni ihues.
have you heard him say to any of
tins you ha%'e 8ceii bini with, upon
Tfttiy description ;-*-doyott know Da-
p-Yes.
l^^ou €ver seen him with them ?— No.
1% a nictnher of the society ? — Yes,
I heard Davinou say any thing re*
ri«p or providuig arras p — Davison
i€\\ ^ .j niiiie^ and he and I frc-
>ut Uiem.
A cuwoincr ot
lnot
ia what way? — in
I iuu'i from Davison, at
I lose shafts ?^ — Yes.
;i,..i v,..» with l»im? —
iid, that any
, tlKni: uiily
• ■III
ivT ' ■ ■ ' ^ ■ : I' ^ .^ :. ■ • I '. in
^ imifftt, Irviu the Main vi the ptopk'n luitids
att^nt time.
' hiUlvou? — \es,
d It was for your own dc-
r.i
iLd I any of the books, as a delegate of
!Oot here, I believe?— No; I be-
|e Widdiion cross-examined by Mr,
JErskintr.
TcAt uft'tn n thr»tii man; you were two
i^ fiociety ? — Yp»,
tuw weeki of Uic time
E hcQi sneaking of, ynu had been
,iaifiii with the rest of the society
TaQfinigt f**Y€i*. 1 hiul.
i a friend of your king ?— UiuJvubt*
lffilicii|g6tDybgth.
As far as vou could collect from the convci
nation and behaviour of these people, wi
whom for two years you h:ui associated, and!
who were lor universal suffrajre, did they ap^
pear to you to be people that loved the king f
— Yes, in general.
I ask you, as an honest man, would yoid
have cwuiinutd for two years in that society, rf
you had not had reason to believe, from
YOU haw and hoard, that they were people that]
loved tlicir king? — No; I wouhi not have!
continued with them, if I had thought thcyl
acted from other motives.
You did not think that universal sufirapcl
was inconsistent witii love to your king?-
Undoubtcdiy not.
Wimt was generally understood by univer-
sal suffrage t and who were the people
which your society stated that they copied, ui
their desire of universal suffrage ? — The fir
resolution that we came into, in that busine^s^
was what we took from the duke of ilicbi
mond'splaa.
Of universal suffrage? — Yes.
Had vou any of the publications, at that!
time, ot the duke of Itichraond's f — Yes ; af
good many.
Do you remember a letter to colonel Shar- ]
n^an that was published ? — Yes ; that wasinil.
Should you know it, if I were to show ilj
you ? — Yes.
Was it ever read in the society? — Yes; l\
believe it has been.
Did you ever hear it read ? — Yes : I have
heard it read several times, and I think I hav<!
heard it read once or twice in the society.
Was it generally approved of f — Yea, at
the time that we adopteu it.
Is that it ? [showin;^ the witness a printed']
copy of the diike of Richmond's Letter to co-
lonel Sharinan]. Should you recollect, if Ij
were to read this part oi it to you? Dui
you recollect this? — ** The subject of a parlia*
meuLary reform is that which, uf all others, rnl
my opinion, mo^t deserves the attfnlion ofl
the public, as I conceive it would include every f
other advantage which a nation can wish ; and]
I have no he^itation in saying, that* from I
every consideration which I have bcenabla)
t0 g^ve to this ^reat qui^!jtion, that for many I
years has occupied my mind, and from every]
day's cincrience to the present hour, I anij
more and more convinced, that llic restoriox]
^htb gighl of vol ' ' V to every man, ]
notlttfUMrJ tat r v^'aii I 0 f reasof i , j
or by law, for lit" rudimi-Muu of crimes, tog<>
thcr with annual elections, is the only reform]
thatcan b^ -iT.rt^^.i ..>.i ..-rf.v.fi. nt ; i
further an.
that IS pr^ 1. -. - , ,, . .
read it frtqucnily.
Now I ask you, upon your oath^ whether,
as far as as you know (what passca in tbod
heart uf another m;tn you crtnnot tel]),^ but a%l
far as you hav< the lonvcn^t*!
lion ot thci>cti| .ith whomy^ ij
«aapcjatcd, aid it j^ptar to you, ^od did
a U
iM.
""■ ■*"
659]
35 GEORGE III.
express themselves, thai this was their ob-
ject ? — Yes.
Did it appear to you, that there was anv
disposition in those with whom you associated,
to compel this by force of arms ? — I never un-
derstood it so.
Was it from any fear of that sort, or because
you changed your mind on the idea of univer-
sal suffrage, you thought it not so good a plan ?
— I did not think the people's minds prepared
for it.
Do YOU still continue to think as you did,
provided people's minds were prepared for itP
— When I read that, I looked upon the plan
that was laid down so clear, that I thought it
could be done without any kind of conhision,
provided the people were acquainted with it ;
out from circumstances since, and upon more
mature reflection, I had reason to believe they
were not; and it was from the same convic-
tion, that I dissented from it^ though I at first
approved of it.
Were you a member of this society at the
time they sent their delegate to Scotland Y —
YeSy I was at tlrnt time^ and some time after-
wards.
Did you think you were driing any harm
Trial of Thomas Hardy [660
Lord Chief Justice Eyre,^\ will not stop
you^ but it is contrary to my practice and my
opinion.
Mr. Attorney General, — I hope your lord-
ship will give us the same law on our side.
Lord Chief Justice Ejfre. — In a cross-exa-
mination certainly.
Mr. Enkine. — I will conform myself as
near as I can to your lordship's wish.
Lord Chief Justice Eyre, — I would not hgr
down a stricter rule iu a case like this than
has usually prevailed— ^you say it has been
your usual practice.
Mr. Attorney General, — ^Thosc gentlemen
who assist me, and who practise in the same
court, say it is not so.
Lord Chief Justice Eyre, — I think if you
will examine the witness, so as that we may
have his own answers, instead of echoing
your words, it will have ten times more effeet
with the jury.
Mr. Erskine. — I will do it with pleasure.
Do you recollect any thing being said about
the expediency of petitioning parliament horn
private bodies of men ? — I do not understand
what you mean by private bodies of men ; I
always understood that it was in publifi
when you consented to the sending of that ; bodies that we petitioned ; our matters wefe
delegate? — I did not consent to it — 1 happen- always public.
ed to be too late, or, I believe, T should have
given my consent; but I should not have
thought I was doing any harm in it.
What was the understanding of the people
Was it ever expressed by any body, or
from any thing that passed m your presence
in the society, previous to, and at the time of
_ , . sending the delegate to Scotland, that th^y
of that society of the nature oflhat which was ' were to assume all the functions of parw-
to be done in Scotland, to which they sent : ment, and be themselves a parliament ? — By
their delegate ? — I never understood that they
had any other object in view than of drawing
lip an address to the nation, and likewise a
]>etition to the government, the parliament, or
some other branch ofit.
Did you ever hear any of them say, that
petitioning from private societies of men
could not be supposed to have such an effect
upon parliament ?
Lord Chief Justice Eyre. — Do not put the
very words in the witness's mouth.
Mr. Erskine, — Your lordship recollects I
am in a cross-examination.
Lord Chief Justice Eyre, — You are not to
put the very words iu* his mouth, even on a
cross-examination.
Mr. Attorney Genertd, — It is a misfortune
that that has been the course.
Mr. Erskine. — It has been usual so to exa-
mine on a cross-examination in the court in
which I practice.*
• The system thus sanctioned in England
differs from that which prevails in ScoSand,
as appears by the following extract irom Mr.
Burnett's Treatise : —
** As to the tnodc of examining witnesses,
it is only necessary to observe, that it has
been all along a nilc in our practice, not to
permit leading questions to t)c put to wit-
; no means ; 1 never understood it in that light.
I Was there any thing said by any of them,
I as if that was their conception and thf ir
I plan } — ^No ; I never understood i^ so.
I Would you have been a party to any such
I thing, if you had understood it soP — ^No, I
' hope not.
Then did it appear to you, from what you
collected (we know there might be bad men
in any soricly) but from what you collected
in general ot the disposition of your society,
from what yon hoard them say, and the sort
of people they were — did you then, and do
you now, consider them to he j>eople attached
out to the witness the answer which is wi>hcd
for, as * did not you sec, &c. *" or * teas U not so V
Neither do we make any distinction in this
matter between a willing or an unwilling wit-
ness ; nor between the cross and cAi>/' exami-
nation, as was expressly found in the case of
Stevenson and others tor theft, 28 November
J808; differing in this from the practice in
England, whidi allows Icadinp questions to
he put in the rroxs-examination." — Burnett
on the Criminal Law of Scotland, ch. 18^
p. 465.
With respect to Leading Questions, see
RosewcU's case in this Collection, Vol. 10,
p. 190, Teake's Law of Evidence, chap. 9,
nesses; that is, such as from the form in secayPp. S05,c< irj.^thcdityand PhiUippirt
which they arc put, dearly imply and point, Law or £videncey pirt J| ch. 8, pp. 104, iOf.
p\
11} ^^|p Jbr High Treason.
» their kxng, at the same time that they were
lied lu iimr own freedom ? — I always
Jookcd upon them in the same light
Arc jFoii speaking now your own scnli-
Ye*, not only mine, but whal I
were the setitimculs of those I
iated with.
you look upon them as persons at-
rrkingf — Yes; I T ' vs
It thiit the kit I u
^ s of the pcopit » r 1 1: J u^. ^-.3 1 a*
i:eve that was the jrcnerai idea
thi , -, :_ that were concerned in the so-
ciety, thai conductwl it, most, if not all of
^thein.
Tliat i preservation, and the li-
Wtjof I I, were iuseparabie?— 1 ai-
irays imdci htwod it in that light.
VVa^ any thing said about arms for the piir-
MBp ' 1 1 ng; the laws that are under hts
^Bi uiion ? — 1 never heard it men-
RESieu JO tlal light*
I Wiis any thina: ever said in your society
f ' ~ itis for altackiug the kind's ma-
uiig down the hiws which he
' ? — Not in my hearing.
^^\\s satd about arms ut the time
Wis put out? — I do not remem-
r:i j'okcn of in the society; it
f.illv ^p ikcn of in conversations we
m each uthcr's houF;e5.
Whrn Tou made a pike for yourselfi what
It for ?— To defend myself pro-
] be necessary,
I y* you collect at that time^ about
\tht April, that it was likely you
r ma for your defence ? — Because
io good an understanding be*
I ween iiic iwo parties as there was before.
Whom do you mean by the two nartics? —
Tlic one, us who were for universal suffrage,
the oilier, who oppo^t'd it.
"!»'' ^'" my mtcutiou, in making a pike
.^ ij defend yourself ugamst the
)ho rniiriir)'j or those people
kyou? — Unly against
^iit come witboui any
t&utboray from the magistrate, or from
taegovcrnitiujiL
Fwm what you knew of the sentiments of
^e other persons of the society, did it appear
to yoii that that was the general notion f —
)£ia, I always understood it so; because we
.1* ' cen threatened in difl'ercnt
have been in*
ji mat you had been threaten-
lull violence? — Yes, I have my-
jiii^itut companies that I have frc-
i have heard them remark, those
vr '. liMTjiiv Inoked upon as aristo-
me you might give
tiL uijes; that if any
if an invasion
iitry, they would
nicoiiai At home hrst. I have
icgjfid a^Mmt mc and my friends
A, D, 1794- [662
What answer did you make when you
heard thai idlegtd against you and your
friends?^! do not know in pafticnlar what
reply I have made ; sometimes perhaps I
have said, that I hoped that was not the ge-
neral disposition oflhem: if it was, wc i^hould
be under the necessity hI Ica^t of taking
means tu be prepared for them, or to that
effect
Then you, and those with whom you asso-
ciated, were well disposed to the government
and the constitution of your country ? — Yes;
I never had any intention of altering it, and
nevf^r understood that that was the mtention
of the society.
Who was it, if there was an invasion In the
country, that said they would moke an attack
upon the others?— That their parly would;
that they would follow the example of the
French.
And attack you and your associates? — Yes.
From any tlung thai passed in your society
relative to their wish of universal sulTraee^
was there any thing said against the Lords'
House of ParlianHnl, or only that you wanted
universal sufTra^ie in the Commons ? — That
very rarely tbnued any part of the conversa-
tion with respect to I he House of Lords, and
the only three pamphlets I ever saw upon it
were wrote by major Cartwright : he proposed
some alterations \n respect of representation
of ilie House of Lords, with respect to filling
Uiein up by representation.
That was thf; only book you ever read upoo
the subject I — Yes.
Out that was no pari of the plan of your so-
ciety ? — No, 1 never understood that ihut was
adopted ; tiiat that was any part of our plan.
Upon the whole, am I m understand you
that you continue still attached to the king
and constitution? — Yes,
You say you saw Mr. Yorke once when he
was drunk? — No, he was not drunk; but did
not appear tu be so sober a man as generally
he is.
Have you often ^ccn ^Ir. Yorke attending
at your meetings which you have been speak-
ing of? — 1 liave seen him at public meetings
some few titnes.
With the exception of the time when he was
a little in hquor, as you say, how did he coo-
duct himself in his conversations? — Gene*
rally very well, from what I saw ur heard of
him ; he used to gel a little warm m conver-
sation now and then.
George Widdiion re-examined by Mr, Boreer,
I observed you said, that, in general, you
thought people who were desirous of univer-
sal sufTr.i^'* wrr*^ vvf II MfTecicd to the kin^,
you sa: ^otl so in gcncniL
You It' i)ccch; now did it
strike you that be wa^ one of tho»v people
who were well aftectcd to the king ?
jrirff/ooit.— The speech at the Castle-hilJ,
du you me&Ei f
Mr, Bciwer.— Yei.
669] 35 GEORGE IIL
Widdimm. — t had not sufficient reason to
think he was oth^nndse.
At other times, from his conversation^ did
yon imagine him one of those persons who
were well afiected to the constitution and go-
vernment?— I had never reason to suspect
otherwise.
Did you happen to know that there had
been a communication between Davison and
some persons in London, about sending arms
ro London ?— I never knew it till I saw the
letter published in the newspaper.
When was that ? — In the latter end of May
last.
Was that published at Sheffield ?—Tes, in
a newspaper, at Sheffield, and in a London
paper, I believe.
Till that time you never knew that there
had bf en any communication between Shef-
lield and London about arms ? — No.
You never knew that the convention had
any other object but to petition parliament
for the alteration wanted?
Widditon. — Do you mean the English or
Scotch Convention ?
Mr. lioiper.— The Scotch.
Widdison. — I never understood they had
any other object.
You never understood that the society had
any other object in sending a delegate there,
than for effecting a reform in parliament ; that
was what you tmderstood ? — Yes.
Were you there when the thanks of the
Sheffield society were voted to Mr. Paine? —
Yes, I was a member of it at the time.
Were you present when the thauks were
voted ? — I cannot remember.
Have you read Mr. Paine's books then ? —
Yes.
Then I may take it you are of opinion, after
reading those books, that the thanks of the
society were given to the author of that work
by people properly attached to the king and
constitution ?— Yes.
Mr. Bower, — Then I will not trouble you
with any farther questions.
Henry Hill sworn. — Examined by Mr. Iauc,
What are you ?— A cutler.
You live at Sheffield ?— Yes.
Were you at any time a member of the
Constitutional Society at that place ? — Yes.
When did you begin to be a member of it ?
— As soon as it was instituted, the second or
third night.
In what year was it instituted? — I think in
the year 1792, but cannot be positive.
How long did you continue a member of
that society ? — Very near twelve months, as
near as I can recollect.
Do you remember during the time you
were a member of that society, Mr. Yorkc's
visiting the society ?— Yes, once.
Do you remember when that was?— I think
in the year 1792.
Do you remember the meeting on the Cas-
lie. hill?— Yes.
Trid of Thomoi Hardy
{6M
When was that ?^That was ia last AmiL
Do you remember the lecture on the Fri-
day ? — Yes.
That was in February, 1794 ?— Yes.
Do you remember aftet this lecture had
been given on the Fast-day, any talk in the'
town about arms ?— Not till some tiflw after
that.
Do you remember the meeting ef the f th
of April, 1794?— Yes.
About that time, was there any coBven»-
tion prevalent in the town about pravkiiog
yourselves with arms ? — Yes.
Do 3'ou know Davison ?— Yes.
What is he ? — A printer.
He worked for Gale f— Yes.
Mr. Yorke lodged at Gale's atonetiaoe^
did he not?— I cannot tell, he did not at that
time.
Had you an application from Gale, to make
any blades for pikes ? — Yes.
When ?— In the beginning of April.
Did he order any particular number ?— No.
What orders did he give you respecting the
making of them?
Hill. — Do you mean in the size and
number?
Mr. 1^10.— In both.— He brought a bayonet
for me a.^ a pattern to make them by, I made
one in a bayonet shape, and Davison approved
of it.
Did he tell you where you were to get the
iron ; did you take it upon his credit or your
own ? — Upon his credit.
Who was to pay you for the workmanship?
— Davison.
Did tliat pike you made from that model
meet Davison's approbation ? — He did ap-
prove of it.
Did you carry it to Carnage's ? — It was in
Carnage's house he saw it.
Did you ever meet Yorke at Camay's ?— '
No, I was desired by Davison to go to Yorke.
Did you go to him ? — Yes.
Did \ou show him any of those blades?—
Yes.
What did he say about them? — At the
time I went to him, he had iust received an
account of Mr. Walker's trial, at Manchester,
and he was so overjoyed, that he had very
little to say then about the blade that!
showed him.
Did he approve of it? — He had little to
say ; I do not know whether he said any thing,
he was so overjoyed.
He was going off to Manchester then ?—
No.
At any subseouent time, had you anv con-
versation with Yorke, about those blades ? —
No.
You said he was overjoyed, what was he
overjoyed at? — At being liberated in that
indictment with Mr. Walker, and Dunn pu-
nished ; Dunn was pnt into prison.*
He said nothing upon that occanon res-
• See Vol. Sd, p. 1160 of this Colkctioii.
Did
Jcr High Treason*
l^ectinf the pWte ?— Nol as I remember oow.
Did yuu ever it^e him aAerwan)», with a
nerly moimled upon a 9hat\ in his
es.
When Wju that^ how long af\er ? — It wa«
sometime mfter^ perhaps a forittight or three
w«eki; I caanol jusiiy teli when.
Did be make ai^ observations upon that
piktf #0 prepared and mounted ?— As huJe as
poaaihk ; there were some young girls in the
foom that he was very fond of, ne took it in
hit hand, and pretended to give it a push at
one of them.
Dill Davison apply to yc« to make any
greater number of pikes aAerwaids P — ^No;
^hen he first gave mc orders, I was to make
io I6ng a^ he employed me.
To what number did you go oti making? —
Iboiit a hundred and twenty, or a hundred
I thirty.
>id Davison take op these and pay you
' themf^He paid roe Iw some of the'm.
Had he the whole of that hundred and
arty?— Yea-
\ Where did you use to carry them to when
had made them ?— Sometimes I took
Them lo my own lodgings, someiimes to Wil-
^amaMc's,
[you dehver them to Davfsoa at Wil-
aagc's P — If he was there I delivered
tm to him, if not I lefl tiiem there-
Vhat i>ay had you for the workmanship f
ipTwo-pence a (>i€cc.
^ You saw Davibon's letter to the prisoner ?
V\ did
I And read itf — I did not read it, hut heard
I reiid it.
he 6ay any thing afUr he read it, re-
Uri : ' nand there might be from any
'f thofte pikes, London, or any
t:i-?c --ihere was some httlc convcr-
Mtioo about it, but I cannot recollect what it
mi*
Did he express any expectation of an order
ffom any other place » for pikes of the same
•Oit? — ^Hc said he did not know but there
bt be the same nec<l for them in Ijondon,
I WAS in Sheffield.
it did vou understand to be the purpose
"lich tliey were prepared at Sneffield,
bich might make them likewise wanted
don ?--To act ujxjn the defensive, io
caic thry »^houfd be attacked by an unlawful
kT was to the priioner at lh€ bar«
rrij^rv of the Corresponding Society, I
fUod ?^1 do not know, I did not look
A- D. 1?94
[C
i^> uy whom ihey tupected would
i:i i„L,„ i he opposite party li»at were
in T^tiduti viho ^'0.*, to attack them P
t*^ ut that, tlicre
^ }x>hdon I sup-
if ilierv should le the
Ml
iia«j> fthouid be Mlaekod in Lontion
saw
as^H
by the same, or Mmibr pcppIcasinShcflieJd^
— If Ihty Ihould be aitacked.
How S4»on afliT your delivering Ihcsto
dred and thirty pikes lo D^viK>n did he
seofHi — when did he icavc Sht'Scldi* — I tbii
about the middle of May, li 1 can recollect
right. •
JIf»ry BiU crosf-examined by Mr* Gibhs,
You say you were a member of the C
»tinitional Society, trotn the time that tliey
first came together ? — Yes*
1 suppose you wvuhl not ha\'o
member of that society, if you had
posed it would have been t^ubful to
— Certainly not.
llad you ever any intention in becoming'
member of that society, lo endeavour to
EI ace the king from his throne ? — No, 1 n
card a syllable of the sort at Sheffield.
Do you suppose that was ihc view of
of those who were members of the society
— I never heard tliem declare it was^ they
were always friendly to the king fur any
thing that ever 1 saw by them ; I never saw
any thmg to make me think the contrary,
" What reform was it they wished to ha^
brought about?— A more equal representai
in the Commons House of P^rhament,
understood it.
Whose p)an of reform in parliament ^^
they follow? — ^They followed the duke of
Richmond's plan, as I understood there were
a number of letters distributed in Sheffield,
Did you hear the member* of this society
say, that they formed themselves upon the
duke of Richmond's plan^ that they tollowed
his plan ?— Yes, I have heard that said se-
vere I times.
There were some pikes prepared at Shef-
field ; what was the rea- r ^' ^ ' '-ttr preparing
them P— From the opr using such
threats, even in the fli:,.^ - uc nigh I, they
have come where I lodged and insultod us of
a nigfjt tA'hen we have been in bed, and have
sworn they would pull down the house and
bum it, calluig us Jacobins, and calhng tlie
house Jacobin-hall, because the society used
lo mmX there, some divisions of it before I
went there.
And you had actual rtaton to expect dan-
ger froni them ? — Yes, by their threats, they
have even shot mto people's houses, an armed
set of people that made a parade in the
street; and when going home at twelve
o*clock at night, they shot under a person's
door.
This was an armed set of people at Shef«
fteld ? — They procured arms and paraded the
street, and V there were any great victory
gained—
Upon some occasion of this sort, Ihey fired
through or under one of the doors ? — They did.
Was it this sort of conduct, and tliosc
threats, thtt induced you first t» preptue
arras f — ^No other thine, no other view.
Had you, or any of the people of IhiAeld,
667] 35 GEORGE III.
a view of attacking the magistracy of the
country with those arms you prepared ? — No,
iar from it.
Were they then meant mereW for your
own defence? — Merely for sclf-de&nce.
And for no other purpose P — For no other
purpose, that ever I knew.
Uenry Hill re-examined by Mr. Law,
Before you prepared these pikes for self
defence, did it never occur to you to mention
to Mr. Wilkinson, a magistrate in the neigh-
bourhood, that you were in need of tliis de-
fence, if you should be attacked ? — I do not
know that ever there was any complaint to him.
Do you know Mr. Al thorp ?— No.
Did you make a complaint of the danger
which you were in to any other person that
you can name? — ^I do not know that any
complaint was made to a magistrate.
Or to any other person that you can name ?
• — ^No.
You have said you were well affected to the
King, and that you had no objection to the
House of Lords, that you only wanted to ef-
fect a reform in the Commons House of Par-
liament?— Yes.
Were you present at the time thanks were
voted to Mr. Paine for his works ? — No.
Do you know that a vote of that sort was
come to by your society ? — ^I do not know any
thing about it.
You do not in fact know that any such vote
was come to by your society ?— No, I do not
know any thing about it.
Robert Moody, sworn.- -examined by
Mr. G arrow.
You are a joiner at Sheffield ? — Yes.
Were you a member of the Constitutional
Society formed in that place ? — I was not a
regular member for above a twelvemonth be-
fore I was apprehended.
Besides tlie general meetings of the society,
had they any meetings which were called dis-
trict meetings, division meetings ^ — ^They had.
Did you know a person of the name of
Ilenrv Yorke ? — Yes.
Did you ever see him attending at any of
the meetings ? — I have seen him at some of
the public meetings.
In what character did he act? — As a speaker
and orator whenever I saw him.
Did you ever see him act as chairman ? —
Yes.
When you say you saw him in the character
of an orator, do you mean you saw him ad-
dressing the people ? — ^Yes.
Where ? — I saw him at a meeting at the
Castle-hill, and one or two other mcetmgs.
How many people might be present at the
Castle-hill ?— 1 think not less than ten thou-
sand.
Upon that occasion you heard Mr. Yorke
speaKingto the persons assembled there?—
Were you near enough to hear and collect
Trial of Tkofkas Hardy
[668
distinctly the substance of what he said ^-i.
No, I was at a distance.
Did you stay till the business was con-
cluded ? — Yes.
In what way did he go home to his apart-
ment?—A coach was brought, the horses
were taken out, and the populace drew him
home.
Do you remember a person of the name of
Camage being there at that time P — ^Yes«
Didyou hear him read an]^ resolutions ?— I
saw him up reading something which I un-
derstood to be the resolutions,; I aft^nraids
saw some resolutions in the Sheffield paper.
Was that newspaper printed byOsuer— It
was.
Did Broomhead act as secretary to that
meeting ? — ^He did.
Didyou after tliat see Carnage upon the bud*
ness at your shop ?— Yes, he came one time,
and brought me four or five jpike blades and
spoke to me to make three dozen of handles.
Who came with him when he came to you?
— ^There was a person with him, I do not re-
collect who.
Did the person who came with him bring
any ?— I do not know whether each had some^'
or one brought all the parcel.
How many blades might Camage brinjg to
you upon the whole to be fitted into handles ?
— There were blades enough to answer the
shafls he had Ordered, three dozen.
Did you learn from Camage what the pur-
pose was for which those pikes were to be
made?— No, I had no orders from him but
just to make them, I did not inquire any thing
about the purpose they were for.
Who were the persons in general that were
furnished with those pikes ?— I never knew
who they were for, but I understood by Cam-
age, that a man of the name of Davison vras
to take them from him, or he had chaps
for them so far as I should be paid ready
monev for them when they were done.
Did you learn in the society from members
of it for what purpose those pikes were made?
—I did not know farther than what I could
collect and supposing from what I could col»
lect, that they were tor self-defence.
Self-defence against whom ? — Against peo-
ple by whom they supposed they might be
illegally attacked, for reports (and only reports
as Iknow of) had said thai they should be dis-
persed ; they had met frequently in large
meetings, and many of the opposite opinion
said, that th<»y should be dispersed, and how
far they might influence a justice of the peace
or any body to give them any authority, we
supposed a little matter might have done it :
they might have used some means which
they supposed must be injurious to some of
the parties, and they got these, as thev wished
to defend themselves in case they should be
illegally attacked.
Do yo^ recollect any conversation about the
time of any of your public meetings, with re-
spect to the dragoons which Tvere in the
for Hig* Treason.
neighbourhood of Sheffield? — Tes, I remem-
ber 90 far that it was said
Mr- 'Erikine, — Said by whom ?
Mr. Garroa;.-- -Was it said by Carnage, or
any of the members of the society ?— I do
not know by whom, buti have heard it said. —
Lord Chief Justice JByrc.— Heard it said,
where, by what people ?—- Some people in
town, who I cannot tell ; it was a report, it
mishtbe true, or might be false.
fi[r. Garrow, — To which of those meetings
did the conversation about dragoons apply^
was it to that upon the Castle-hill?
Mr. Gibbs, — He is asked to what meeting
U applied, whether it applied to that at the
Castle-hill !
Lord Chief Justie l^yre. — ^The question is
not quite so correct as it should be, because
the object is to sec, to which meeting it ap-
plied.
Previous to the meeting at the Castle-hill,
and how long previous to that, had there been
•oy conversation about the dragoons? — I
know of none before that.
Aitcr that meeting at the Castle-hill, did
you hear from Camagc, or from any other
member of your society, any conversation re-
specting the dragoons in the neighbourhood
ofSheffield?-*-Notfrom any of the society, I
do not know who it might be from that I
heard it.
Attend, do you mean to say, that you did
not bear it from Camage ? — I did not.
Nor from Davison ?-— No.
Nor from Broomhead ?— No.
Nor from Gale ?— No.
And in general, not from any member of
the society ?-. -Not from any one particular
A. D. 1794.
[670
I do not ask you from any one particular
man ; were there any dragoons in the neigh-
bourhood of Sheffield P — There wore.
When you were in Camage's shop at any
time, did you see any leaden instrument, or
model of an instrument ?— I did.
What was it ? — It was what was called to
me. in the privy council, a night-cat; it was
called when it was shown to me a cat.
What passed at the time that that cat so
called, was shown you in Camage*s shop N—
It was lying in the window ; I took it up and
examined tt to sec what it was, and asked
whatthatwas ; he told me as he had been told
I suspose, he said it was an instrument that
was, or might be made use of to throw in the
streets ; it would lie pointed upwards, which
would prevent horses from travelling in the
streets.
Did it seem to you, that the instrument was
well enough calculated to do what he stated it
bad, or might have done ?- It did.
At any way it presented a point ? — Yes.
Where did he state he had been told such
in instrument had been used ?"-He never
told me that any such instrument had been
used.
You said it was an instrument tliat had been
or mieht be used to throw in the streets, it
would lie pointed upwards, which woidd pre-
vent horses from travelling in the streets, did
he mention any town in the course of that
conversation ? — ^No.
Who was present besides Camage at the
time that passed ? — Nobody but Camage
and me.
At any time when you were present at Cam-
age's shop, did you see any blades for pikes
brought home by any body r — ^Ycs, I once saw
some brought in by a man.
How many ? — A few, perhaps six or eight;
I do not recollect.
Did you see any pike complete at Cam-
age's ? — I never saw any but part of them tha
I made.
That is to say ^our shafts and his blades
made complete pikes?— Yes.
[A pike brought into court.]
Is that the sort of instrument that you
made ? — Yes.
What is the shaft made of ?— That is madti
of deal.
That is not shod, is it ? — ^No, nothing but
the wood.
Nor loaded, is it ?— No, there is nothing
in it.
Do you remember Mr. Davison making
any application to you with respect to letters?
— Yes ; I remember him asking me to let a
letter or two be directed to be lell with me for
him ; I told him he mislit if he pleased direct
his correspondent to mrect his letters to be
left with me ; I do not know any thing more
about it, fori never had any letters.
That blade fits into the hoop at the top
and takes out occasionally, does it not ?— No,
it is fast in.
I do not know whether you knew of Davi-
son's correspondence in London, upon the
subject of pike-blades ? — No, I know that I
did not know of any of his correspondents.
You did not know of that letter that be
wrote from Sheffield ? — No.
How long had Davison come from Leeds to
Sheffield ? — I suppose he might be two months,
I suppose not more.
B.obert JIf ooiy.— Cross-examined by
Mr. Erskine.
If I understand you right, Davison had writ-
ten some letter or letters which you knew no-
thing of, and if any answers were to come to
those letters that he might have written, thc^
were to come to your hands ?— Yes.
None ever came to your hands ?— No. ,
How long were you a member of this so-
cietv ?— A year.
Were you a member at the time tliat the
delegate went ? — No.
what was this cat, a large thing, or a small
thing P— A little thing, the tines might be an
inch long, and it would stand an inch and a
half high, or so, when it was down.
Were any made from that model ? did ^'oml
671] 35 GEORGE III.
(5v6f 8e<: one N— No, I never heard df, or saw
Was this thing concealed P —No, it lay open
III the shop.
Then any body who had passed by miaht
have seen It of course? — Any body Uiat had
gone where he was at work, might have seen
It,
Did you ev^ hear any orders to make any
fiom it, or see any made from it ? — No.
Did you ever -see a real one in your life ?—
No.
i)id you frequent tlic society much ?— Not
of a year back ; I had not before I was brought
away.
Brought away by what ?•— In custody here.
Up to the time that you were taken into
cftoslody, was any thing said in your hearing
a^nst the king*?-*I never heattl any thing
said against the kii^.
Were you jrourself a friend to your king and
the constitution, as well as you understood
it ? — ^Yes, I was, I believed him to be a eood
-itimn, and it would be a crime to do any thing
aniinsta good man.
^Were tlie people with whom you associated,
decent, well-behaved people ? — Yes, I always
cMieavourcd to get into the company of those
who were better informed than myself, in
order that I might get improved.
You say that it was about the month of
'April that they first began to see about these
pikos ? — It was.
Was there ever any thing said about pikes,
before those threats of some people at Shef-
field that frightened you ? — No, I never lieard
of any.
And Ik>w many were made in consequence
of the ap]»rehciision tliat some people had
Jthat they might be ill-used ? — ^Thcre were very
few made ; Carnage ordered of me three
dozen, and I made two dozen and nine or
ten.
Do you know of any others having been
made besides those? — Widdison made some
handles 1 understood, but 1 understood that
no pikes had been made.
If you had understood they were made for
the wicked purpose of making an attack upon
the government, would you have had any
hand in making them ?— I would not
Robert Moody re-examined by Mr. Garrow.
How early had you apprehensions of those
attacks ? — Only lately, in the course of a few
months, before I was brought from Sheffield.
Were there any pikes made tliat you know
of, until Sheffield and its neighbourhood
began to raise volunteer companies for the de-
fence of the country ?— Those were made
• before.
How long before ? — Perhaps two or three
weeks ; they were not made before they were
talkedof.
'You toid me what you apprehended was,
that a macistrete would lend his aothority
upon a little, to disperse your meeting, and
Trid cf Thmoi Hwrdy
[67S
to resist ; that %m your objecU-^id I take
you right ?^It' might be so, or they might
take upon themselves to disperse us without
the authority of a magistrate.
In either case those iastruments were to be
used for your defence ?--If it was found ne-
cessary.
About this cat, as it was called ; supponng
a number of these cats, not made of lead as
the model was, but of iron, to have been
thrown into the roads, I ask you, whether
they were not most effectual instruments 1o
have prevented any cavalry acting? — It ap-
pears so to me.
John Edwards sworn. — Examined by Ur.
Garrow,
What are you by business? — A silversmith
Were you a member of the London Corres-
ponding Society, as it was called ? — Yes,
Do you know the prisoner at the bar, IVIr.
Hardy ?— Yes.
Did you know him in any character con-
nected with the London Corresponding So-
ciety ? — I understood he was secretary to the
London Corresponding Society.
Did you, at any time, receive any direction
from the prisoner at the bar, to any person at
Sheffield r — I did receive a direction.
To whom was that direction? — I cannot
recollect the name.
Could you recollect the name, do you think,
if you heard it ?~I have been told since I have
been in custody the name, but I cannot
swear that that is the name of the person.
At what time was that direction finnished
you, by Mr. Hardy to some person at Shef-
field; no matter who he is, or what his name
is ? — I think in the month of April, I cannot
be certain.
What year?— In 1T94.
For what purpose was that direction given
to you by Mr. Hardy, and what was to bo
supplied inconsequence of it? — I went to
Mr. Hardy, one day, at his house ; I asked
him whether he was goin^ to send to Sheffield,
I should be much obliged to him if he would
inclose a few lines to some person at Sheffield,
if thoy could inform me if there was any per-
son there that could forge the blades of some
pikes.
Did the prisoner, in consequence of that ap-
plication, riirnish you with any direction to
any person at Sheffield?— Mr. Hardy read
part of a letter to roe, and gave me a direc-
tion to a person at Sheffield, wrote on a small
piece of paper.
What was the purport of that which he
read to you^ as part of the letter from Shef-
field ?— I cannot recollect the purport of it at
present.
The substance of it? — ^Tbat a plan had
been formed tliere to forge blades fisr the-
people at Sheffield.
This was upon your applicatioii to hun fiir
a direction to somebody at Sheffield, to i
bkdes for pikes ^— Yefe.
Q1S\
for High Treason.
4. D. 1794.
[674
What did you do in consequence of that ? —
I spoke to two or three pf the members of
the l^odon Corresponding Society, aud I
understood that there were several persons
who wished to furnish themselves witn such
things; and as such I took upon mvself to
go lo Mr. Hardy, to know who I could send
to at Sheffield, to get them ; and a meeting
was to have taken place on the Friday before
Mr. Hardy was taken up.
Where was tliat meeting to have taken
plac^, on the Friday before the prisoner was
apprehended? — A tUie Parrot, in Green Ar-
tKMir- court, in the Old Bailey.
f'or what purpose ? —Thcv were to have met
there; and any person that put down the
iQOD^y might have them ; the blades were to
be scot up from Slieffield to London.
What sum of money was to be put down
by those who chose to have btades, tor
pikes from Sheffield ?— One shilling I under-
ftood.
Was tliat conversation at any division
SBfieting of the JLondou Corresponding So-
ciety ?— No.
Was tiiis communication witli the prisoner
Oenlioned at any division meeting ? — No.
What Dumber did you belong to ? — No. 29.
Were you present at any time at No. 32? —
Yea, I Uiink I have been.
Do you know a person of the name of Gos-
tott?— Yes.
]jo you know another person of the name
of UiUicr ?-'Ye8.
A person of the name of Baxter ? — Yes.
dpence? — Yes.
What dlvibiou was Baxter delegate for ? —
I do not know.
Was he a delegate to any of the committees
of the Corresponding Society ? — He was.
Was Spence ? — lie was.
Was this plan of sending to Sheffield for
|ake blades, mentioned to auy of those per-
sons ?— I mentioned it to Baxter, to Spence,
and to Hiliicr.
Do you know of any place in the borough
of Soiithwark, where there was any meetiue
cqiBected with tliis subject? — I have beard
tberie was a place.
Did yuu ever hear from Mr. Hardy, or any
member of the London Correspondine So-
ciety, that there was such a place ? — ^I Heard
there was a place in the Borough.
Of what sort, and for what purpose? — A
^lace where they met to learn the exercise.
What exercise? — To learn the use of the
musket.
Wa?> there any subscription at that place in
Ibe Boroueh, where the use of the musket
was to be Teamed, for any and wtmt purpose?
•—I do not know.
Dill yon learn from any of tlic menVirs of
that aocictv that there was ? — ^Never.
Do you know a person of the name of Uig-
g^ls? — Yes.
And a penon of the name of Godwin ?—
Yei.
VOL. XXIV.
Were they members of the London Corres-
ponding Society ?— Yes.
Did you learn from them, or from either of
them, whether there was any society of the
sort you have just mentioncil?— I have un-
derstood from Godwin, that there was a so-
ciety in the Borough, but I was never there.
You learned thcn^ from this man, wbo was
a member of the London Corresponding So-
ciety, that there was a place in the Borough
where they learned the use of the musket?^-
Ue told me so.
Did you learn from him, whether lie be-
loi^ed to it. or not ? — No.
Did you learn from him, or from any other
member of the London Corrcspundmg So-
ciety', where that society, for learuing the use
of the musket, met ? — No.
Do you know a place, called Bandy I^eg
Walk ? — I have heard of it, but I never was
there.
Have you heard of that place from Hillier,
Baxter, Spence, or Higtj;ins, whom you have
stated to be members of \X\c Corresponding
Society?—-! did not hear where it was.
Di(l you know a person, called Franklow ?
—I have heard of him.
Was he a member of the society? — I be-
lieve he was ; ImU he was not a member of the
division I belonged to.
Do you know where Franklow lived ? — I
have known since I have been in custody,
tliat he lived fit Lambeth, but I did not know
before.
Mr. £r«iiii«.— Does your lordship take it,
tliat what was said by Uiggins or llillier is
evidence ?
Mr. Gurrow.-T'l submit it is evidence.
Mr. AVs/uiie.^I submit to the Court, that
it is not evidence ; I shall not argue it.
Mr. Garraw. — Nor shall I.
Lord Chief Justice £yre.— I consider that
point to have been determined by the majority
of the judges.
Mr. G arrow, — ^Did you know of any asso-
ciation at Lambeth? — I haye heard of it.
Did you hear of that from Franklow ? — I
never saw him, till I saw him in the privy
council chamber.
Did you ever bear of it, from any member
of that association ? — I remember something
was mentioned of it soon after I went to the
division ; something was said about it, but by
whom I cannot tell.
What was stated at that meeting of the
division, at which tliere was conversation
about Franklow*s association? — I imdcrstood
I that there was a meeting, known by the name
, of the Lambeth Loyal Association ; that was
I all I understood about it.
I Did you hear at that, or any other meeting
of the society, of wliat number tliat meeting
at Frauklow's was composed; how many
persona attended it ? — ^I never knew how
many persons attended it ; L understood that
the numberi when it was competed, was to
be sixty.
3 X
675] 35 GEORGE III.
You understood, at that meeting of the
. division, tliat it was to be sixty, when full? —
Yes.
For what purpose did that association meet ?
— ^Tliat I cannot tell, for I was never there.
For what purpose was it stated, in the Lon-
don CorresponuiDg Society, at the division
meeting, that thcv met ^ — I never heard an^
thing stated of what was the purpose of their
meeting.
Did vou ever hear that that society, or any
other division of the London Corresponding
Society, had arms ? — I never heard any thing
mentioned of that society, but what I have
ju^t now stated.
What was this association at Franklow's
for? — I could not tell, for nothing of the kind
was ever mentioned.
Did you hear from any bod^, in any of the
meetings of the Correspondm^ Society, in
what dress those persons vmo attended
Franklow*s meeting assembled P— No ; I did
not hear.
Do you know in what dress they assembled ?
— ^They had a blue coat, and red collar ; I
think I saw Franklow in his dress.
Was there any other part of the dress that
was regimental, or was like regimental ? —
White waistcoat and breeches.
In that dress you saw Franklow himself? —
Yes, once.
lird Chief Justice Eyre, — When was it you
saw Franklow so dressed? — ^It was at the
dinoerat the Globe-tavern.
Mr. Garrow. — When was that dinner? —
On the 20lh of January.
The anniversary dinner ? — Ves.
At that dinner Franklow appeared in the
dress that you have mentioned ? — Yes.
Do you know of any mectins; of any number
of persons of the Corresponding Society, at
the Three Tuns, at Snow- hill .'—?l'he division
S2 used to meet there.
Do you know of any proposal in the Cor-
responding Society, fur instructing that divi-
sion in the use of arras ? — No ; I cannot say
I recollect any.
Do you know of any meeting of any num-
ber of persons, for that purpose, at the Three
Tuns, on Snow-hill, to Uie number of sixteen,
or thereabouts ? — Yes ; I recollect tliere was
one evening about sixteen persons met.
Were you one ? — I was.
What was the purpose of that meeting? — ^I
had spoke to several of the members myself,
before that raeetin|; took place, for them to
meet there ; and, if tliey thought proper, to '
form an association hke that of the Lambeth
Association, but no person would.
No person would agree to that proposal ?—
No.
Were those sixteen members of the divi-
sion No. 22?— I do not know what divisions
they were members of; they were of several
divisions, I believe.
When was it that that meeting waa held et
the Three Tuns, Soow-liiU ?— X cw
lect whea it wh»
Ttial of Thomas Hardy
[676
Before or after the anniversai7 dinner?-—
Before that a long while.
In tile London Corresponding Society was
there any committee, which was csdira the
secret committee, for dispatch of business ? —
I understood there was.
Did vou understand, from any of the mem*
bers of the society, that there was ? — ^Ycs,
Lord Chief Justice Eyre. — Sixteen people
met ; what was done there ?^-Nothing at all.
Mr. Garrov, — At that meeting, where six-
teen were present, what was proposed by any
1}ody ? — T only proposed the forming an asso*
ciation similar to that of Franklow's, as I
mentioned, and no person there would join
in it.
In what manner was the secret committee
of the society chosen ? — I cannot tell in what
manner they were chosen ; I only beard it ia
the division.
Did you, in that division, hear of the ap-
pointment of any secret committee, which
was afterwards dissolved? — ^This was the same
committee, the secret committee, that I heard
mention of in the division.
Was that secret committee supplied by any
new committee ? — I understood it was; but
that committee that was dissolved had fulL
powers to choose anotlier.
What was the reason, as it was stated in
the division meetings, for dissolving that
secret committee which had existed, and
giving full powers to that secret committee to
choose a new one ? — It was thought that
some person had given information of that
committee having been chosen.
Was that person who was suspected, a
member of the society ? — lie was a member,
I understood, of the general committee.
What was his name ? — Lynam.
Did you ever know who the persons were
that constituted that new committee ? — ^The
persons that they chose on the committee
there, were five persons ; I do not know that
I could recullect all their names.
Should you know their names, if they were
stated to you ? — I think I should.
Do you kiK)w John Martin, an attorney?—-
Yes.
Was he one ? — Yes.
Do you know John Tlielwall ? — Yes.
Was he one ? — Yes.
Do you know Baxter ? — ^Yes, he was one.
Moore ? — He was one.
Do you know a person of the name of
Hodgson, and another of the name of Lovett?
— I cannot be certain which of those two it
was.
You know those two persons?— I know
them both.
Whs one or the other a member of this
secret committee ?— He was.
Where did this secret committee meet, as
you learned in the meetings of the Cones-
ponding Society ? — I do not know.
At wnat sort <^ places did they floeet; at
ll|B Qidinaiy plaoea of meeting of the gaanil
677]
Jot High Treason.
A.D. 179*.
[678
meetings of Ihe society, or in private houses ?
-^I do not know.
Do not you know, from the information of
the society?—! understood that they met at
their own houses.
Did you understand that in the socjety ? —
No; I was told by a person not' in the
society.
What was the office of this secret commit-
tee; what had they to do?— To receive any
letters that were sent.
And what were they to do with them, when
they had received them ?— Tliat was ail lcf\
to them; it was kept a secret from the
society.
Did they communicate to the society, occa-
nonally such correspondence as camp to them ?
r^i braes they used to have letters read in
the division.
Was it left to them to use their discretion
about that ? — ^I understood so.
Were you at any time a delegate of the
sodety ? — 1 was.
In the character of a delegate were you a
nember of the general committee? — I at-
tended the general committee about six times.
You were not a member of the secret com-
nuttee ?— No.
Do I understand you right, that the corres-
pcndence was committed to the secret com-
mittee, and left with them, whether it should
Ik brought before the general committee, or
^be society at large at tncir discretion ? — It is
Impossible for me to answer that, because it
aO remuncd a secret to themselves.
Have you any r&ison to know from any of
the proceedings of the society, that corresix>n-
denoes which did find their way to the secret
committee, were not communicated cither to
the general committee, or to the society at
lamr— That 1 cannot tell.
Where did the general committee at first
meet?— In Comptou- street.
At nimdber 3, the coffee room ? — I think it
was number three.
Were you ever present at Compton- street ?
Sometimes 1 have been there.
How often might you be there ?— Twice.
Was it any part of the business of the gc-
nerai committee of delegates that met at
Compton- street to receive the return of new
memoers? — Always from every delegate.
Did it happen that at all those mcetmes you
attended, there were returns of new memoers ?
—When a delegate attended, the returns were
mde at a general committee.
From Compton-strcet, were the meetings of
the committee transferred to any other place?
•^To Beaufort-buildings.
To whose house ?— Mr. Thel wall's.
No. S, Beaufort-buildings ? — Yes.
Do you recollect at the first meeting of the
ennnittee which you attended, any deputa-
tioo altendioe to report from any other so-
cfaj^?— No, 1 cannot recollect that.
^D 70a know from any thing that passed
- ^ — I nf 1^ meetings of this society at large,
that your society was in correspondence, and
co-operation with tl^e Constitutional Society ?
-—No, not at that time; I understood on the
Thursday nieht following, that a cummittee
of correspondence was appointed by the Con-
stitutional Society of six persons, and I also'
understood, that a deputation had been ap-
pointed to the Society for Constitutional In-
formation. I understood that the Corres-
ponding Society deputed five persons to at-
tend a meeting of the Constitutional ^Society ;
before I went to the committee, there was no-
thing mentioned of it the first night as I un-
derstood— On the second night 1 underbtood
they had appointed a committee of six per-"
sons, and there were only ^vc persons of the
Corresponding Society chose for tlie deputa-
tion, and then they chose another person to
add to them, to make up the number.
Were you present at any time, when the
deputation from your society reported, that
the Constitutional Society appointed six per- *
sfjns, the Corresponding having appointed
five, they chose one more after, to make up
the six. then the twelve I suppose met ?—
Yes.
Were you present at any time when a re- '
port was made by any of the members of that
committee of conference to the society at*
large, or the general committee ? You have
said you know Hodgson, Lovett, Thelwall,
Baxter, and Moore? — Yes.
Were they the persons who were deputed
from your society, to correspond with the
Constitutional ScMciety.^ — I was not present,
when the deputation was appointed.
Do you recollect any debate with respect
to yourself, and your age, at the time that
this business of delegates was considered ? —
Yes, I recollect it.
Who were the persons, do you recollect,
that took part in that debate? — Several per-
sons spoke, and most of them were stran-
gers to me at that time, and I did not know
who they were, Mr. Thelwall was one that
spoke.
Was Baxter one who spoke in that debate ?
-*At the committee, not in the division.
Do you remember being at the genera!
committee, when a business respecting a gen-
tleman of the name of Eaton was taken into
consideration ? — I remember there was a de-
bate one night, respecting a medal that had
been struck, that was to be presented to the
jurymen that acquitted Mr. Eaton.*
\Va8 the medal to be presented to any
other persons except the jury who had ac-
quitted Mr. Eaton.' — I do not know, I only
understood to the twelve jurymen who had
acquitted him.
Acquitted him, upon what occasion? —
• See his trials for seditious libels, anf?.
Vol. 2'2, pp. 753, 785, and Vol. '28, p. 1013;
sec also his trial for publishing a blasphemous
pamphlet, intituled *' Ecce Homo/' a. d. 1812,
pott.
67ff]
35 GEORGE HI.
When he was tried at the bar for a libel I
think, and was found not guilty.
Do vou remember any thing of a meeting
at Chalk Farm, in the neighbourhood of this
tovi^nf — Yes.
What were the proceedings in the society
as far as came to your knowlolge, preparatory
to that meeting? — I do not know, 1 was only
aupoiuted to the committee one niaht before
tnaty and that was the night when Uie debate
took place respecting myself, and I heard no-
thing at all but respecting that.
Were you present at the meeting at Chalk
Farm ? — I was there.
Where did you first go to— did you go to
Chalk Farm, or any other place first? — I went
to Store-street, Tottenham Court Road.
And from thence to what place? — To Chalk
Farm.
At what time did you arrive at Chalk Farm ?
-—I cannot recollect what time, it was in the
afiernuon.
Was that meeting at Chalk Farm, one that
had been appointecl in consequence of any
proceedings of the Corrcspondmg Society? —
I do not know.
You did not know before you went there?
—No.
You went there a delegate of the Corrcs-
?onding Society, if I understand you right ? —
'es, I had been made a delegate only one
week before.
Had you any canl, or ticket for your ad-
mission to Chalk Farm ?--Yes.
Where did you procure that?— I had it of
the commit tec of the Corresponding Society.
When, and where procurca? — By thecom-
nuttoe of the Corresponding .Society at Comp-
ton-street.
When ? — On the Thursday night preceding
tViC meeting at Chalk Farm.
What was the occasion of your goin^ to
Store-street, rather than Chalk Farm at first?
— I understood there was a room engaged in
Store-street, it was advertised that the meet-
ing was to be there.
There you went with your ticket as I un-
derstand you, previously procured from the
cummiltcc? — \es.
When you came to Store-street, what led
you to Chalk Farm?— I understood Justice
Addingtoii had been there, and forbid the
man to let us have ttie room.
Then you went to Chalk Farm.^— Yes.
Wliai number of persons might there be
assembled at Chalk Farm? — 1 suppose up-
wards of two thousand.
Was ihcre any ceremony iipon your intro-
duction I here? — There was a person stood at
the door, jubi to take the ticket.
Onr of the Juft/. — Was it an enclosure, or
what?— it was a' kind of trapbadl green, be-
fore a long room,
Mr. Owrrua-.— Tliosc tickets which the
person at the door whs to ti''' *"
which you had receivfld ^
of the CoRespondiBfE
Trial of Thomas Hardy [GBO
What was done with the ticket deliYered
to the person at the door ? — ^They tore one
half off, the other half you kept yourself.
What were you to do with the oth^r half?
—To put the other half in your hat.
When you were admitted, be bo good aa
state the proceedings that took place, who
were the persons tnat were there, and what
passed ? — ^There were some letters read.
Did vou find there any persons of the Cor-
respon^g Society ?— Yes, several persons
there.
Any that you knew, or that you have
named? — ^Yes, there were Moore, Hodgsoii,
and Thelwall.
Was tliere any person who took the chair
at that meeting ?— Yes, John Lovett.
Name some more that were there of the
Corresponding Society, with whom you were
acquainted?— Richter was there, and there
were most of the members of the committee.
Do yoii know Mr. Hardy ?— Yes,
Was be there ? — I do not know whether
he was there or not, for I was up in the long
room all the time.
After you were admitted into tlic ground,
did any person take the chair? — Mr. Lovett
took the chair soon after I was in the ground;
there were two ladies I was acquainted with;
we went up into tlie long room, and were
locked in, tlierefore I could not see so welL
Did YOU hear what was read, or said, so as
to be able to give any account of it, if not I
will not pursue it?— 1 cannot give any ac-
count of what was said.
Were you present afterwards at any meet-
ing of the general committee, or any other
committee of the London Correspondinj^ So-
ciety at which the proceedings at Chalk Farm
were reported ?— I do not recollect ever hear-
ing tlic proceedings at Chalk Farm being re-
ported at a committee.
Nor in the society ?— No, because most of
the members heard it there.
Do you laiow a place called Robins*s Coffee-
house, in Shire-lane? — Yes.
Is that a place at which any of the meet-
ings of the society were held? — Division, No.
29, met tlxere.
Did you use to attend the meetings of that
division occasionally : — I did, I was a member
of tliat division.
Be so good as to look at this paper, and tell
me whether you ever saw any of these sort of
papers distributed at ]lobius*s Coffee-house,
and were any of them dehvered to you by
any of the persons you have named ? — I saw
some, but not so large as tins, and of a different
date.
Was it the same subject, did it contain the
same expressions?
Mr. Lrskine. — I must object to that ques-
tion,
Mr. Oarram^-1 must insist upon the qiies«
will stale my. olyeclidn;
whether bei ' law' tnat
toll?
(551] far High Trtoion.
Mr. Gtfffvv.^That is not the qaestion, nor
any thing like it
Mr. &tkine.^%S»XJt the question then.
Mr. Garrcw.— The questlori I jmt was this;
whether you had received a similar imper to
that tft Robins*s Coffee-hotise ? To which yon
ansjwer, not of that size?--^Not at Robms*8
Coffee- house.
Did you ever receive a pajet of that sort
anv where?«-Of a different date.
Of the same contents as that paper?— Yes,
<)he; but not 80 large.
Where did you receive that, and from
whom?— From a person of the name of
Baxter.
From that Baxter whom you have named,
as a ndember of the London Corresponding
Society?
• Mr. £r«X;ijic.— The witness says, the paper
delivered t>v Baxter was not the sanie paper
as this ; and that it was of a different date. —
Does your lordship think the witness's saying,
he believes the contents of this to be the
same, makes this paper evidence?
Mr. Garrvw, — I submit that, if I propose
to read a passage from Locke, and I snow
the witness an octavo edition of Locke, and
isk him whether he had read the passage in
^ duodecimo edition of the same author, that
it 18 suflkient evidence, if he has, to let m^ in
to read It.
Lord Chief Justice Eyre. In order to come
it that evidence, you would be obliged to la^
before the Court some evidence, that Uiis
ifrhich you offered was an edition of Mr.
Locke's work.— The question is, whether you
have gone far enough yet ?
Mr. Ertkine, — ^Exactly so.
^ Mr. Garrow. — I will ask a few more ques-
tions.— ^You say this paper is not of tlie same
size as the paper you received from Baxter ?
—No.
What is the dale of this paper ?— Tuesday,
the first of April.
Did you, at any time, receive a paper from
Baxter, of the same contents as that, except
tbt date of the 80lh of January, upon a paper
ofa different size?
Mr. £r«/:ine.— What did you do with that
paper? — It was destroyed before I was taken
mto custody.
I/>rd Chief Justice %r«.— That paper being
destroyed, the witness will give such account
of it as he can ; he mav either refresh his
memory by looking at this paper, or, if he
can venture to say, that this contains in it
theaobstance of the other, it may be received,
upoD that account, as the best evidence;
whcr way, it comes to the same thing, with
icjjwd to you, Mr. Erskine, and therefore, I
tbmk it is not worth mooting.
mt.Erikine, — ^The paper was fabricated by
theapiea who support the prosecution.
m't. AlUmey General, — You shall not say
thaL till you prove it.
jfc. £rtftjji6.~I shall prove it.
«ir. JB^ornnf Ocncra/.^Till you prove that,
A. D. 1794.
you ought not to say it; it is a charge that
ought not to be made.
Lord Chief Justice Eyre, — If there is any
point between you wliich should be heard^
the appeal, to be sure, must be made to the
Court.
Mr. (7arr<Nv.— I wbh to God it was; we
should save much time and trouble.
Lord Chief Justice JEyrc.— A little indul-
gence, on both sides, would save much tim^
and trouble.
Jtf r. Attomof General, — ^When a paper is
produced, which vour lordships hold to be
legal evidence to be read, it must not, and
shall nut be stated in this court, unless it is
proved, that the paper is fabricated by the
spies who carry on the prosecution.
Lord Chief Justice Eyre,-^! ho])e notbifig
of that kind has been said, for it was an im-
proper thuae to be said ; and, if it dropt from
any body, it was an inadvertent thing.
For
The Benefit of JOHN BULL.
At the
Federatioii Theatre, in EquAiiTT-SguABEi
On Thursday, the Iff of April, 49ri.
Will be performed,
A new and entertaming Farce, called '
LA GUILLOTINE;
OR,
GEORGE'S HEAD IN THE BASKET!
Dramatis Personae.
Numpy the Third, by Mr. Gwelp,
(Being the last time of his appearing in that
character)
Prince of Leeks, by Mr. Gwelp, junior.
Duke of Dice, by Mr. Freddt,
(from Osnaburgh.)
Duke of Jordan, by Mr. William Hevbt
Flogger (from the Creolian Theatre.)
Uncle Toby, Mr. Uiciiiiond.
Grand Inquisitor, Mr Pensioner Reevcs.
Don Quixote, Knight of the Dagger,
By Mr. Edmund Cammny.
And Chancellor of the Exchequer, by Mr.
lilLLY Tax LIGHT.
Municipal Officers, National Guards, Bcc,
By Citizens Xof, Nadireos, Yerc, Eniksre;
&c.
Bandilli, Assassins, Cut Throats, and Whole-
sale dealers in Blood, by the Empress of
Ruffians, the Empfror of Harm-any,
Thing of Prussia, Prince of S. Caso-
UELL, Ike,
Between the Acts,
A new Song, called " Twentv more, kill them !"
By BoRADiL Brunswick.
Tight Rope Dancing, from the Lamp-post,
By Messrs. Canterbury, York, Durham, &t.
In the Course of the Evening will be sung,
in Full (*horus,
CA IRA.
- Azsn
BOB SHAVE GEEAT GEORGE OUR— ^l
6SS} 35 GEORGE III.
The whole to conclude witli
A GRAND DECAPITATION
OF
Placemen, Pensioners AND German Leeches.
AdmittaQce, Three- pence each Person.
Vive la LiberU / Vive la Republique !
Mr. Garrow. — You say you received one
of these papers, of a different date ? — ^Yes ;
dated the 30lh of January.
Was that the SOtli of January preceding? —
Yes.
At what time did you receive the paper you
had ? — I do not recollect when it was ; it was
some time aeo.
Where did you receive it ?— I received it
firom Baxter, about three months before Ja-
nuary.
Three months before January? — It was in
October or November, I think, I received it.
Then, supposing it to have been for some
exhibition, it was delivered to you three
months before the date, at which' the thing
was to take place?— I rather think it was
three months, or thereabouts.
After tlie meeting at Chalk- farm, did you
go to Compton-street ?— I did, in the evemng.
What connexion had the place in Comptou-
slrect with the society ?— It was where the
division used to meet at the coffee-room.
Did you sup there ? — I did.
How late did you stay P— Not very late ; I
went away about eleven o'clock.
Who were the persons tliat were present ?
—A groat number of persons were present.
Were they members ? — I understood most
were that came from Chalk- farm.
Was Mr. Thclwall one ?— lie was.
Did you, in any of the meetings of the
society, or its committees, receive any infor-
mation with respect to arminj;, in any way,
except those that you have told us about pikes,
and Frank low's association ? — ^Never ; not in
any of the divisions.
Had YOU from any of the members of the
society ? — I never had.
Do you know a person of the name of
Ashly?— Ido.
Was he a member of either of the societies ?
— lie was.
Had you any information from Ashly, about
arming with pikes ? — I never had.
Do you know a person of the name of
Joyce ?— I have seen him two or tliree times.
i)o you remember any meeting at the Crown
and Anchor, upun the 2nd of May, in the pre-
sent year ?---! was there.
In what manner were you admitted ?-— By
a ticket.
By whom was that ticket furnished to you ?
—Mr. Joyce.
W^ho called him out of the room to give you
a ticket?— Mr. Thelwall.
Lord Chief Justice Eyre, — Was that a
dinner ?— -The anniversary dinner of the Con-
itilutiooal Society.
Trial of Thomas Hardy
[684
* You were present at the dinner at the
Globe tavern likewise ?— Yes.
Do you remember any printed paper being
distributed at that dinner, at the Globe
tavern? — After dinner the address that had
been read in the morning, was piinted, and
distributed about.
Where had that address been read in the
morning? — At the Globe tavern, befiite
dinner.
After diimer that was distributed about, and
read? — Not read after dinner; it had been
read before dinner.
Was there any conversation at that meet-
ing, with respect to any troops ? any Hessian
troops, for instance ? — I do not recollect any.
I pass that, and go to the dinner, on the 9nd
of May, a\ the Crown and Anchor; eireus
some account of the manner iq whidi that
festival was conducted ; before I go to that, I
would just ask you as to the dinner at the
Globe tavern ; you do not recollect the cir-
cumstance of any paper, respecting the H^
sian troops, there, do you ? — I do not recol-
lect any.
Do you recollect any paper that respected
the different parties, as tney are called, m this
country ; the Ins and Outz, as they are called
there? — Not there.
Where then? — I saw one of those papers
at the Three Tuns, on Snow-hill.
At a division meeting ? — Yes.
When was tliat ?— I do not recollect when
it was.
Before or after the 20th of January?— I
think it was after the 20lh of January.'
You were not present at Robin s*s Coffee*
house, when Mr. Yorke made a spcecli there?
— I was not.
Do you know a person of the name of
Hodgson ?- --Hodgson, the author, I know.
Did you ever receive any printed paper from
Hodgson, the printer, in Bcil-yard, or Lovett?
—No ; I never did.
Have you been present, at any time, at Mr.
Thelwalrs lecture, in Beaufort Buildings ?—
Yes ; I have been.
Was it permitted to any body to take notes
of his lecture ? — I do not know.
Did it ever happen to you to be present,^
when any persons that were doing bo, were
interrupted ? — No ; 1 never was.
You have told us of your application to Mr.
Hardy, on the subject of pikes ; what money
was to be paid down for those pikes ? — One
shilling.
What was that to include ? — To be sent to
Sheffield for the blade.
When the blades were finished, what was
to be done then? — Any person might put in
the shafts that wanted them.
Do you know a person of the name of Gof-
ling ?— -Yes ; I do know him.
And another person of the name of Hillicrf^
— Ycs;^
Had you any convenatkn. -«
any instnactMDB fmn God
685]
for High Treason,
jccl of pikes ?— No ; I never had instructions
from Gosling.
Was he a member of the society?— I be-
lieve he was ; Gosling and Hillier came to
mv father's house on the Monday Hanly was
taken into custody.
Was any meeting appointed to take place
before, respecting pikes ?— It was appomted
for the Friday betorc Mr. Hardy was taken
up ; it was afterwards postponed for another
week.
What was the purpose of that meeting that
was to have been held on the Friday r-— As
many persons as chose were to have put down
their money for pikes.
Where was that meeting to have been held ?
-^In Green Arbour court.
Was that one of the houses^ jvhere the
meetings of the divisions had beien held f —
They had been held there; but it was to be a
general meeting then.
That meeting was postponed, and, in the
interim, on the Monday, they came to you ?
—Yes.
' Was it before you knew of Hardy's being
apprehended, or afterwards, that thev came to
yen f-«They came to me before I knew Mr.
'Hardy was apprehended ; for while they were
in the house, I was informed of it by a person
who came there.
What was the sum to be deposited by
each member? — One shilling.
What was to be furnish^ for that?— A
blade, and nothing else.
Where were they to procure the residue to
make the pike an efifcctual instrument? —
They were to get that where they thought
While they were with you, informatiofi
cam^ that Mr. Hardy was apprehended-—
Yes.
What sort of wood were the shafts to be
made of?-.— I do not know; fir was recom-
mended in the letter, I think.. . * /
In consequence of that recommendation,
were, any others -procured ?— Yes, I had one.
Where did you. get that? — I made ^hat
myself.
Was any observation made upon it?-*Not
that I recollect.
We saw one here just now, in which the
blade was fixed to the shaft ; was yours of
that constniction ? — No.
Look at that ; is that the shaft of yours ?— •
Yes.
The shaft only ?--The shaft only.
Is the blade there? — No, the blade was
made to screw into the top.
What is become of the blade of your*s ?—
Bestroycd.
When?— Before I was taken into cus-
tody.
Ho
low long before?— On the Wednesday
'^ ^^j^*^'® ^^ ^^^ y^" ^®'® informed
i*^ «M taken^nto custody? — After
■itBar^y wm taken into
A. D. 1794.
How happened that to be destroyed ? by
whose advice ? — By nobody's.
Why did you destroy it?— -Because I was
afraid of its being found upon me.
Do you know of any other representation
by ma^ic lantern, or other, that was used as
connected with this subject ?— I had a magic
lantern of my own, which I produced to show
Mr. Gosling.
You mean Gosling one of the members?--*
Yes.
Was there any connexion between that
entertaining apparatus, and the objects of
your society?— -No.
What was it to represent.^— It was the
property of Mons. Chauvelin ; there was the
destruction of the Bastille and beheading of
the governor painted on it.
Was that your property .^— Yes, it is in the
messenger's nouse now.
You said you knew a person of the name
of Hillier?— Yes.
Do you know whether he had any pike ?-^
I understood he had.
Was that of the same construction as yom^
or of a different construction ?— It was of a
different one.
Was he one of the persons at your house
to whom you showed your pike the day of
Hardy's apprehension? — lie was.
Do you know where Hillier's pike had been
constructed?— -I do not.
John Edwards cross-examined by Mr. Enkine.
How long before you were apprehended
were you a member of this Corresponding
Society f'— I became a member of the Corres-
ponding Society last July was a twelvemonth.
You said you made a pike for yourself; of
what trade are you ? — A silversmith.
When did you make that pike for yourself?
—•I think it was in March.
What year?— 1794.
How long had you been in the society at
the time you made that pike ?— From July
1793.
For what purpose did you make it? — I
had heard a person of the name of Yorke
that -had just mentioned, one night in com-
Eany where I was, after one of the divisions
roke up at Robins's coffee-house, that they
had pikes at Sheffield, and I made that.
But hearing that there were pikes at Shef-
field, why should that induce you to make a
pike for yourself; you must have had some
motive in your own mind for it?— I under-
stood some of the members were providing
themselves with arms, and I made that for
myself.
For what purpose?— In case there should
be any illegal dispersion of the meetings.
Mr. i)rs&ne.— Had you heard of any threats
having been made use of at Sheffield ?— No,
I had not; but it was just at the time the
Hessian troops were landed without the con-
sent of the parliament.
You have the mltfurtune to be ia the
687]
35 GEORGE III.
Trial ofThomn H^rdy
[666
custody of a messenger, but it docs not follow
that you have been guilty of any offence?—-
That should be the case, or [ should not have
been t^ikcn up by a wurraut tur treasonable
practices.
Had you any intention of making use of
that ptke against the govcruinent of the
country ?-— Not against the government of
the country.
No such intention at all ? — None.
When you went to Mr. Hardy, what did you
go Ibr.^— *I asked him if he was going to send
to Sheffield, and would inclose a lew lines
for me to some person at Sheffield, tliat
could forge the blades for some pikes, that
several members of the society wished to
have them.
Did you speak to any members of the
socie^ who wanted thcm'f — Not before.
Did you, after that, speak to some members
of the society who did want them f— Several
spoke to me about them.
Did you understand them, that they wanted
them for the same reason as you wanted
Uicm ? — ^I understood so.
From any tiling that passed between you and
any of the members of the Loudon Corres-
ponding Society, for whom you were disposed
through Mr. U^rdy's assistance, to get direc-
tions to persons at Sheffield, Jiad you any
reason to believe that tl)cy wanted the pikes
for a rebellion against the government and
magistracy of the land ^--Not for a rebellion
against tne government; not against any
legal power that uught be sent to disperse
them.
But if you were attacked without the
authority which the law confers upon magis-
trates, you thought you had a right to defend
yourselves? — Ves,just so.
You tliuught very right; you appear to
have given a very fair account; I believe
that in consequence of that you made a pro-
position in one of the divibions where sixteen
persons were present ?— That was long before
1 had the direction from Mr. Hardy.
What was the reason of your making the
nroposition at that time?-— Because there
had been great opposition shown to the
meetings before that time.
. Had any insults been offered to any of the
members ?— There was ; at a divitiion I was
present at in llotherhitlic, two of the police
officers came in, tiiey wanted to know what
they wanted ; they said they came la see if
tliere were any men fit for Ids majesty's
service.
Were you at that time doing any thing, or
were the prople who were there, doing any
thing that your own consciences suggested to
you to be wrong ?
Mr. Jn rkijf GencruL — Is that a question
to be abked .''
Mr. jEruftiwe.— I say it is, sul^ect to his
lordship's opinion.
Mr. AUarney Gencral,^Jit so good to say
why ?
Mr. £r«/uiif.— I should he very glad to
hear why it is not.
Mr. Altorury General. — ^They may do acts
their own consciences may think right ; but
that does not make them legal.
Mr. Etskiric-^Thdi is tlie reason I aha)!
put the question that way ; a man may know
what his conscience is, tliough he may not
know what the law is.
Lord Chief Justice Eyre. — Being upon a
cross-examination, I think he may be aak^
whether he at the time apprehended that the
thing which he was doing was lawful ckr
unlawful — whether it was so, or not, wiU not
depend upon his apprehrnsion, hut it may go
to the general evidence he gives — it may
operate one way or other — if he has done an
illegal thing, but innocently, if he is bruueht
as a witness, he may be asked to that; what
the effect of it will be, I do not know.
Edwards.^AX the very thne that the people
came ia to diverse us, we were reading the
address from Mr. Pitt and the duke of jSicb-
mond at the Thatched-house tavern.
Lord Chief Justice Ejfre^ — Was it move or
less legal upon that account?
Mr. Er$kyu^'CeTtain\y noL
Mr. Aitiu-n^ OeiuraL—So far, that if the
conscience of the witness is to decide ii, I
cannot help thinking it may be mora or leas
r. £r«Aiii«.*-I wish it to be understood I
am no advocate for the conscience of the
duke of Richmond nor Mr. Pitt.
Lord Clvief Justice H^re.—- It is certainly
true; but this is rather loo grave an occasion
for such an observation.
Mr. Attorney GeneraL—'It is not a proper
occasion for this frippery.
Mr. Erskine. — I say tliat is not a proper
expression.
Mr. Attorn^ G«ii«rai.— I will repeat it.
Mr. JSr<&iite.-*You will npt repeat it any
where else.
Lord Chief Justice Ej^re. — ^The gentlemen
I hope will recollect that they are upon a
solemn trial.
Mr. Er$kine."»l think it is really hard
! upon me upon this solemn trial, that 1 ahould
' be eternally assailed by these gentlemen,
when. I have the arduous task of extracting
the truth from these witnesses.
Lord Chief Justice Eyre. — If any person
were disposeil (which I dare say no one is) to
give you any interruption, it would be my
uty to preserve order, and take care you
should be permitted to go on in your business
without interruption ; Init it is impossible the
cause can go on, unless the gentlemen at the
bar will a little understand one another, ao^
by mutual forbearance, assist one avother :
you arc a little too apt to break oi** 1
; think there has been a Uttl^-^
' sometimes to observe
the ooQimn caUi for.
Mr. AHmm ^
n
Ji^ High Treaidn*
Mr. Erxkine, — I will repeal ilie queslion,
!l hav<? your lordsliijv'a liberty to put it> the
"'fttt ' j; (jver-rulcd.— At the Uroe you
ill this manner, were you doing
a ' A v*i»jch in your apprebeusion^ or
], was wrong f— I was not*
^^3^lg that you saw or heard from
I vilh whom you aysocuilcd, did
|jf„,, tL.,,., ;,,di ihey triteudcd \o make a
ftilliBrenl us€ of the pikes thnn thai for which
[ had m^'''> vi.iir own? — I did not*
You ftaii idc a proposition which
megfth iiecommiUee, or whoever
I was, when sixteen persons were present;
rhat wa5 thn proposition you made ?— It was
ibp»'i mother socitty upon the same
"tti<i ^^t at i.ambeih^ but no person
M^ould ^crond it.
When you initdc that proposition to hare a
r» fhe same footing a^ that at
3 'did you conceive that society
' ' 0! the Loyal Lam-
Ah t> the same as that I
" ■" should be any
,.. ..u, 1. ul ., ,..,L Liimbelh Asso-
have hcen of persons dih|iostd lo
iX i , iie magistracy of tlie country, should
haire maoe tlu»t propositioafr--d should
A* ou made thai pruposilion,
II W' io?~No.
lubcr the UHKiner saying any
1^ ? — No ; 1 do not remember
'I ' -'^L
iiny of those meet-
^'s f^-xvs, III my <uvL-i"i ^^ ■•>■'. il limes,
llow did he deport K in a very
L^ui^ manner; [ never Iktiru him &{^icak in
' ot' Jhc diYiaJons, not once,
riiil },. .rru r U-, Ijc a man of a titrbident
/iite a different man.
- .1 any f v<n(-.^5 ms tir has
I m any of the meeVi ii to
him a quiet, wth , i? — ^I
Uways undcnslood he was so; i rirver heard
biia uiaJce u^c of an improper expression since
, was in itjc society*
Did yon ev«^r hear Mr. Uanlymake any
T>HtH 1 -or pikes? — Never.
trr - cseut when any proposi-
Ijoti m4ule» wl; etited
t Jt It ?--l nt '*aent
littMtu air. ^ the iuun niriiticiniidt
wlial was I by me m thr. shup^
i DO person w... j, ^ . .u but Mr. Uardy und
B^lf.
id iinv ili'iiir more fiaas between Mr.
what you liavc uientioticd
vlr. Ilardy tliat you had inade
itrpose youlimd
for idial pur-
ibcr Ql Ihc to*
A. D, HM. [GOa
T\m 1)111 that has been talked of, utK»n what
occasion did Bjwter give it you? — He gave it
to two or three persons ; I asked him to give
me one.
Why did you ask to have a thing of that
sort, so perfectly indecent, absurd, and ridi-
culous?
Lord Chief Justice Eyre — If ytiu had
added infamous, it would have been Quite
proper — it should not !>e mentioned %v>ihoiit
some term that strongly expresses dctei^la-
lion — and ridiculous is not enough ; I am
sure you think m).
Mr. IHrikitie. — I certAinly do think go* —
Give me leave to ask, how you came to ask
for a bill qC that descnpliun f — [ §aw it at a
distxince, and could not read it ; 1 wished to
satisly my curiosity, and asked Baxter to give
me one.
n ' ' ^iiven a proper epithet
to I bk thing, aid you ever
hear any inuiL; jMsa num any member of the
society, and more especially from tht* prisoner,
which leads you to cnt^^^ '- thtt he would
approve of a thing of Hi '— No.
Did you ever hear a., ^ ., ...^ion pass in
tlie course of their incctmgs that would lead
you lo believe liicy wuuld think ollierwise of
the bill than his lunkhip and I have now ex*
pressed our sentunruts upon it? — I heard
another person o*i the same night say it was
an infamous tiling, and too bad to be counte-
nanced ; it was only giveti to two or three.
Have you an^ reasoD to behevc the pri-
soner was acquamted withp connected with, or
had seen that bill ?— I do not believe he had
ever seen it ; 1 liave no reason to know that
he had ever seen it.
From what you had an opportunity of
serving of the prisoner at the biir, do you
lieve ho wuuid have encouraj^ed a bill of tl
dLScriptionf — 1 do not believe any such
tiling.
John Edward* re-eiamioed by Mr. Gumof,
With respect to this infamous bill, which
was considered so by those who received it;
you received it in a division meeting? — Not
ai a division meeting.
Vou received it from a member of the divi^
sion ? — Not at tkiat diviaiun.
V ' " r of the Corresponding So-
cl< I ' was,
1 [;jr . niuiith^ (iefore the date mentioned hi
it, Iht' l^Olli of January ?— Near llin-c monlhi ,
N»jw with respect to itsahsurdilyau<i folly,
having SITU two or three delivered to dilTcrcnt
(>ersoii'), you asked for one ? — ^I did.
Thai WHH not preci^ly the same bill thai
has l#ocn delivered to-day r* — Not the same;
not 90 targe.
Thh ii a ^thwqueitt onep hrger^ and of
an- ' ' f IS,
i \! to b^ an i^ntcrtainmenl on
th< ling to bcoD
lh' I IS.
1 taj .1,(1 iwt losin aay ^>ihc ibr yourself,
'i Y
ai
6(ri]
SS GEQIIGE III.
until after you bad hcaixl ftotn Mr. YorltCj
til at the sfKiety at S.bcfticld were rretnanng
pikes for Ihcnisclvts? — 1 hqurd Mr. Yorke
mention on** tw^Ut u( Ui^ (Ijvi^inn^ thsi lUe
peojjlc Lit .*^'i ^r**-
VV H& lO r ^ of ^^'bat hid
pas^fni !it SiiiKitjijj iiuti It (t viu to apply to
Mr. Uarriy fur a direction to procure pike
111,' '-"1 tbut towii?-^No, 1 wcnluf my
^Jv
\. , .,. .M.idcod yofi to go to Mr. Hurtly for
a tlirccltun Ipa pcrsoti fit Htiefbeld, i^Ko would
Jt>rj:<vtlu' bliitles for some piket ?— Becauie I
\i»Hltfrstooil Mr. Hanily knew who W€re ihe
purion^, or the secreury of the society at
8hti^ielcj would know who were the persons
to whom [ could send.
If 1 undcritand you ngbt, the particular
occasion upon which these pikes were to h%
in»dc, was iipon ihelsmdingofHeHsian troops
without the consent of parliament? — Not
upon thuk occasion, I said I madeitjustattbe
time that the Hessian troops were landed
Wtfaoul consent of parliament .
Then your making itikes had not any rcl^
tion^ I take lor grantetl^ to the landing of the
Hessian troops without cont^ent of parlia-
ment; I mistook you when I look it %a? —
Kot in con!^equrnce of their being landed.
Nor at all connected with that? — No; I
only said I ntadc it at that time.
Did you know thai the Sheffield Society,
which wu» in correspondence with your so-
cietv, had puhlislied a resolution* " thai the
hnidiop of tlcssian troops in this country (a
ticrocious and unprincipled horde of butchers)
vitlwut consent of parliament, has a suspi-
cious and ularming appearance ; is contrary
to the spirit of our constitution, and deserving
of th« marked indijeination of every English*
man; tk^t it h high time to be upon our
guard^ since these armed monsters may in a
moment be let loose upon us"f — I do not re-
collect lliat*
Do you venture to say that you never heard
of that at that time from Mr. Vori|«? — Not at
tiiat ltme»
How soon did you hear of that resolution
from the Slicflield Society? — ^Not for sotoe
tLmc after.
rpon your oatU, was your pike completed
hcfoic you hmrd of it in your divibioo mcet^
inp* ?~No, it was not.
^':^ ur oath will you venture tn
li iki] it before that t'omn>'
iVu .....;; f» -' 'T,:tdc lO 30Ur Kh ,. i , . —
No;n^l U,
(Hir nwkiL
npH were I.
teul ui pdHiamenl? — I did nti on
tbit acttjimt, hut I mudc it ]U5t
Did
Triml of ThnmoM H^d}f
VV 1 ar it ?— I Icanit it from i
hoot J at £aton*s ihup«
At Latuii'i >hop in Newgate- Btnoet^
Cock and Swme ? — Vta*
MjL^ Hat on a momber of oi>e of your i
cjet!es?^llc was. %
Tliis w.. '■ ent any ill«gal dtsp
of your so waa.
mectinga and in accret < \ii
the use of pik**^ *«r th.
antjec^on l to t ) ^ ^ taHteld
to landing Utb- ^ -i jjppoM
tMKi years.
Had you met with any interruption
ever in your raeeling»j except tlml wbitU J
have named of two police ofbcera, cAmiiigg
the public- house, and staling that tliey wan
to see if there were any men fit to serve Kij
roaje&ly? — A divjsioi; in Bun bill-row
oflen interrupted by the police oflScer^*
Had you met with any inlcrniption in ;
general meetlnga, comTnitlees, or »ecrcl co
mitlce«, except from peace (itlicers ^— No.
Stittttul }VHiiam» swom.-^Ewmincd by
Batecr.
What are yoti f^^\ eun engraver.
Do yoti know tlie pnsooer at ibe kttf
Hardy ? — Yes, I do.
Do yo«i kuow a person of the iiaRid
Franklow ? — I do.
Where did you fir^t meet with Ftankbir?
At his own house.
Did you ever see him at the prisoner's ?-
No.
Were Hardy and Franklow together at i
time when you saw them f — Never*
Waa Franklow a member of the Lon
Corresponding^ Society, or llie Society
Constitutional Informationf*— Of ihel/^a '
CorrespondmE Society.
Did Franklow ever apply to you to
any arms for him ?— Yes,
At>out what time ?-*-! cannot lie potitlve 1
the time.
Were you a member of ttie London Coi^
responding Society ? — Yes-
Upon what occasion did 3w>« hw?ome a
member of it? — ^Tbe hrst in<i
of being a member of the 1
ponding Society, wi **u^fu^
ment m the D^> I'fom the
come tu spiriltd t^^Jui;
tlio&c lrt*QpB?w— I tirver h
tkaaguppn liiaitni^^eiat.
T^
.1 r
, iSl Yi
, in what
in I hi* I I
to i>
^iiUgu,
Jbr High Treas&m*
iMii WW that farther coovcrealkin ? — 1 1
•iiwtYQ «L/ifii#.jliiTii^ rnn'^niitiff '\ ipfnnn in parlia-
]>ation.
I M L^/^t ot the con-
verwUon ^'ou have dcftcrLbed, wfts to slite
wh»l the oh^ect of the socicly vrai ? — It was
(ot a reform m parlmment.
J>mI Umrilv tell you so f »Ve6 ; he gave me
one of the London ConrcfpoDding Society's
aii(ife«9ei» which they liad puhlishca. 1 gave
hbti ftu order for a pair of shoes ; the next
^kat I vrent to ha house I had the shoes — ^I
told him J was in the Uue of selhng gtins^ if
iM knew my person that wanted Mich things,
I aiiouid bo ohhged to him if he would re-
COAnaetid me; ^
woala !♦
iiji hav
How J
lie told me he did not koow
hf! heard of any pcr§ou he
V ; the next tinae I went to
1 mc to bring a gun and the
Kit af^er you had first seen
fortnight m three wttks — I
fook n g\%a to him, whith he s6ld«
•iraccount or hi*? — On ■ -it
jam an order tur a pair oik <:h
lie made me, and toJd inc to bun^ two or
^y«eniore ^os, which he dold likewise, and
^ in his houM, which wa& never
I »e\'cr was p4iid for,
J >uu know a pcf«»un of the name of
cef--I did, I 5iiw him once.
•Au li* . Til' "'*^"- ft* pia L'jndon Corrcs-
ver had any convcr«a-
bcrt did be Jive f*-la Little Turnstile,
rn.
V there?— Idif!.
, »ii go tu Sp«rttce*8
,ia«;-*-li» uj}tUui,t |ii:ihuo*} in the manual
.esetciae.
At whow? request did you go To Spcncc*s
\ licaj*c> — M the rtM|ucst of Mr. Franklow.
How I , .>oD9 did you fce in Mr.
fcpentc"' it were assembled for the
purpo»« i>i iciiuiiig the manual excrci^f —
, four or five.
I>o you mean to ^-^^ t^ 't you saw four or
£ve at one lime, y ir or five were ;ill
JL^otiMiw, ai all tht L. -: ^, LU were (here ?—l
ipufie tlMre might be iix or 0even4 ai all the
XwaJi there.
part of thr house did they ejcercise f
»m up uLiirs, I bt^icve a two pair of
but I am not positive whether a
pair of itairs room ; it was a &mall
[T room.
rdor backward ?-— I believe, forward,
time ^--^Bet ween the tunirs of
tin in the evening,
Ume of the year?^Goiiig on
dtriitmas.
• o( GoatBe dark then f-*rt waa.
Did yoy ejwieiae Ibeoi by candla light iu
Were there any ihultcrs tn the wMows
or were tlic windloivi open?-*-!
wen ImLi catmotbc
W.1S thcTO any body ebc but yourself to "
exercist^ them ?— No, there was nut»
Did you act then as the person to teach
them their exercise, seijeau^t or corpoml, or
whatever it mtghl be^«-I did.
What night iu the week was it that yoii
used to meetf**-i beUeve it was on a Thurs-
day night.
Who introduced you at first to the London '
Corresponding Society?— 1 told Mr. (lardy
that I should DC glad to become a member of <
the London Corresponding Society, hut did '
not know any person to introduce me ; he
named several persons, but I did not know
either of them ; he said he would propose m<p ;
it waft upon hi» propositjon that I hf-came a
member of the London Co rrcs ponding Socjcly.
Lord Chief Justice f vr«.-*-How "joori after '
your first meeting Hardy, did yuu become %
oicmber ?--*It might be a fortnight or threes
weeks, I cannot be poaitivo. f
Mr, Bo«tr.—*Did you know any Uiing of u
society called the 1-oyal Liimbeth Aftbocia-
fion *- ' the association to which
thoM? ; i.
Dai ;oii csu g'j to Lambeth to exereiie ^
them ?-— I went to Mr. Tranklow's houift.
Where did he livof— Ai No. 1, China ^
Walk, Lambeth,
How did you find where his house was?--
When I went to Mr. Hardy's, one nii^ht, he
gave «ie Mr, iTinklow's car*l, ^'^"^ '"''1 nic, i
that he was going to raise an a- and i
wanted some person to supply Hit . irfij*.
How soon ;tUcr you had been uaroduccd to i
Hardy was thui?— It might luivc been six.
weeks or two months, 1 cunnut say.
In con^oqurnre of that, did you gel a card
or address frotu Hardy to Frank low ?*"I had
a canJ.
When did you go to Franklow's houbc?-:- i
It was two Of three nichts alter 1 was at ^
Hardy's.
Did you find the same people there that
you met nt !Spencp*s, or were they different
people?" Dltfc rent people.
What did Vou do when you went to Frank-
low's, as to the people yoii met there ?— They
were then reading over the articles,
What articles ?— Theartides of thcLajnbcth
Association,
Do you happen to know whether the
Lambetli Association was composed of inha-
bitants of Lambeth ?- -No, it whs not
What was the name they ^ve ihemscWa?
—The Loyal LambcOi Association.
It was not composed of mliabilants of '
Unibcth, you sigr?--Nol entirely, ^ , ^ ,
Who were inliabiunt* ol Lanibctlt, tliat ,
you knew of that association -Fianklow '
lived there? --Ves. - , j
Who else do you know of that aiisocmlioa, ^
that were parishioner*, or inlmbiiaiu of
Lambeth ?--l cannot sav I know any, 1 did
Dot know where the people lived.
How o*lcn might you attend at Franklow*i
lof the purpoK uf docipUamg thaac mca?«
«95]
35 GEORGE. IIL
Trial of Thomas Hardy
0606
Mr. Frauklow himself disciplined them at his
own house.
Did you happen to know, by any atieans,
bow man^ there were of Lambeth people,
that were m tliis Lambeth Association ?-^I do
not know.
Do you happen to know, from Franklow,
or any of them, whether they had applied to
any magistrate, or had applied for any autho-
rity to hold this Loyal Lambetli Association?
—They had not, to my knowledge.
IIow many muskets did you yourself supply
for the use of this association?— Eleven.
By whose direction did you supply tliose
eleven muskets?— Mr. Franklow's.
Who naid you for them?-'-Mr. Franklow.
For all of them?-. -For all but one.
What were the arms, guns, or what?—
Muskets.
Had you any orders or intimation given to
you, whether or not any more arms would be
wanted for the use ot that association?—
There were to have been sixty.
Do you know for what purpose that Lambeth
Association was formed? — According to the
articles, it was in case
Look at these, and tell me whether those
are the articles of their association ?— Those
were the articles.
One of the Jury,-^Were these fusees? —
They were all muskets.
Air. Bower. — Were there any bayonets ?—
Muskets, with steel rammers, and bayonets
complete.
[The Preamble to the Articles read.]
" Rules, Articlett and Regulations ; to he ob'
served by the Members of the Lm/al Lam-
beth Association. London : Printed for
the Society, 1792.
" Whereas the fear of invasion, and civil
commotions, have alarmed several of the
inhabitants of this parish and its vicinity,
we have thought proper to form ourselves
into a niiiilary association, to be distin-
guished by the name of the Loyn/ Lambeth
Association, united for the defence of their
country, lives and property ; and against all
subverters, and levellers of peace and good
order; ever ready to step fonvard in the
above case when called upon, within the
parish of St. Mary's, Lambeth."
Mr. Bower. — ^Where did you say Spence's
lu)use was ?— In Little Turnstile, llolborn.
That was the place where these associa-
tions, of the parish of Lambeth, met?-— Part
of them ; and part of them met at John
Shelmeniine's.
Where is John Shelmcrdine*&? — Near the
Borough, in Southwark.
Do you happen to know whether there
was a single person, that was disciplined,
cither at Franklow's or Spcnce*s, who was
not a member of the London Corresponding
Society ?— I really cannot inform you.
•■ Were all that you knew members of tbftl
society ?— I never made that inquiry.
Mr. Erskine,'
read.
- We wish to hsve the iitides
'< JRtt/ef, Articles^ SfC*
** Art. I. This association shall connsl- of
one captain, one lieutenant, one eoagOi a
Serjeant -major, three Serjeants, tiiree corpo*
rals, sixty rank and file, two drummers and
fifers.
*' Art. II. Every person proposed tnd re-
commended, shall be namca a week previous
to his introduction, and well known by the
member who recommends him.
*' Art. III. Every member shall pay weekly
into the hands of the treasurer (chosen out of
the association) the sum of one shilling and
sixpence, for purchasing arms^ and accoutre-
ments, as likewise towards defraying the inci-
dental expense of this association, the sub-
scriptions to be lessened when the above
articles are purchased.
" Art. IV. The officers are all elective
quarterly, as likewise a committee of seven
members, the committee to regulate the
internal afiiurs of the association ; the serjeant-
major and treasurer arc not elective quarterly,
but hold their office during pleasure of the
members of this association, and at all times
while in office, arc members of the committee,
over and above the seven members h«llotted
out of the association.
'' Art. V. As tlie protection of public and
private property is the object of this associa-
tion, we hereby engage to step forth in case
of fire, tumults, commotions, and riots, but
not beyond the parish of St. Mary's, Lambeth.
^ Art. VI. Tlte uniforms of this association,
is a blue coat lapelled, scarlet collar, plain gilt
buttons white waistcoat, nankeen breeches,
white stockings, half-black gaters, black stock,
cocked hat and cockade.
*• Art. VII. As the further object of this
association, is the encouragement of itsmem*
hers in tlieir different calhngs, it is therefore
resolved, tliat such articles as are used by this
association, to be had of its members, and
when two or more members are of one pro-
fession to be equally divided.
" Art. VIII. That swords, eppulcts, sashes,
and swordknots; be purchased out of the
stock of the Association, for the use of officers.
" Art. IX. That this Association have four
Quarterly Meetings, viz. the first Monday af-
ter the four regular quarters ; when the OflS-
cers and Committee, are to be chosen : Audit
the Treasurer's accounts, and other necessary
bu!>incss.
"Art. X. As no Armourer is to be appoint*
ed to this Association, every member shall
keep his own Piece, and Accoutrements clean.
" Art. XI. That the place of Meeting be
in or near the Town of Lambeth, in as com-
modious a place as can be procured.
<'^t. XII. That every member dearths
bookv' once a month, on negleet to fc— oos
Shilling, all fines whalew Id b«>i ~ ' '
the joint stockof this /
for High Trtmon.
** XITT. That Mr. FranckUm \% appointed
5c Hi Milt- Miiior of this AssocmtioDi as likewise
'i uiry, whose duly is to in-
L*r I in the use of Arms, aod
^Uurv diHcij>ime, tor which two- pence a^cek
I |»aid him from each member (out of the
ubficription) while learning, to attend twice a
" , Wednesday and FhtTay Evenings from
feo to ten o'clock. As Treiisurer he is to
live all subscriptions, and account with the
I r t - n igh I, in order that they
f T ; nentstbr Articles received
I i. loii ; as Secretary, to keep the
\ ? id Book of this Association,
i nf ' A5^'M«'c ^-^ --r^^ agreed tOf
4m(l HgAtd bt^ {' s;
** JOHN 1 i u.-i i i /. XL i.i.UW.
*^ JOHN 8iiELMEliDINE.
"JOHN WILLIAMSON.
'* JAMES DAVISON.
*' SAMUEL WILUAMS.
** Nov. 15lh. 1793."
Mt. Bower. — This a*^socialion was for the
Bruo»e of stepping forth in case of fire, tu-
HsIU, commotions, and riots , but they were
not to eo beyond the parish of St, Mary's
Elbetli, I asked you, before, whether any
Bf those members, except Frank low that
von knew, were inhabitants of the parish of
ftmbeth — you said not ? — Not to niv know-
ledge.
Did y< (1 know any of them ?— I knew that
some ot them were not.
How fame Spence's house, in Turnstile,
Lincnh^V' lriii-Fiekl% to be a place fixed upon
> he members of the Loyal Lam-
I ii.rt, who were not to go beyond
the houiidi of their own parish ?■ — 1 can tell
no otherwise, only, ilmt they c ouid not
else. It was thought proper, by
ieet
. . r, by
and sonte olhers^^'that as they
' no<igh, that the
1 into ten divi-
on*k , ui' !|- ^lt Spence's — ano-
er at J<j i \ — another in West-
iminMer, .k im.-i.. vii :>; where tl^e others
fwcre to be I do not know.
Hid vou.dlthe lime that you were supply-
to this society, any conversations
II upon the subject of parliamentary
-ftbrn) : or did yotj hear any conversaUon
amon;^ them respecting that ? — Yes ; there wa*
luu of that kind passed between
ie limes than ouce, at the times of
ItiCi;
^^ ^»e subject of those cooversa-
is,%Uons respect at ah
nP — I cannot tell i I
<!'•. ' vn.
C t any conversa-
nces ol' Anns*
Luneot wjthoui
,^ ..j.ve got It by the
A. D. 1794*. [698
I ask you from tlie conversation of the
members of that association that met
Mr. Cifc6*.— I object to thisr— I understand
the Court has determined that any thing that
any member of the Corresponding Society
says, is evidence against Mr. Hardy ; but 1 do
not apprehend that the Court hji» determinecl
that every tliing said by tlie members of the
Lambeth Association, whom the witness does
not know to be members of the Correspond-
ing Society is evidence; consequently the
question put, of what this man has heard from
any member of the Lambeth Association, un-
less he can fix that he heard it from some of
those who compose the Corresponding Society,
is not evidence.
Mr. Bott:cr. — I understood you, that Hardy
gave you the address of Fnmklow f— Yes; he
gave me his card.
In conseqticnce of which you went to
Franklow's^ and there met this society T — Yes,
Mr. Bamer. — I conceive when I pr^ive that
a number of persons assemble together, under
the directions of tlie prisoner, that I can give
evidence of llicu* conversation.
Lord Chief Justice Eyre. — ^The moment you
iiave proved one of the terms of your proposi-
tion you lire right ; Hi the mon»ent it is proved
that this association of Franklow's was un-
der the direction of the prisoner, undoubtedly
every thing they do wdl be evidence against
the prisoner ; but I do not observe that the
evidence pjoes farther than tiiis — in the course
of trade Williams buying shoes and boots of
Hardy, Hardy recommends hun to Franklow,
in the way of his business, and there is no-
thing that I can discover, at present, to con-
nect Frank low *s transaction, with regard to
this association, with Hardy, except so far as
the members of it, can be traced to be mem-
bers of the London Corresponding Society:
you have examined with a view to lhat,and it
appeared to me that thai examination rather
failed, for he did not undertake to know that
any of tho^se people were members of that
society.
Mr! Bcrttw.— I Will see if I can set the fiictt
a little more distinctly — was Franklow a meni<-
her of the London Corresponding Society f-*
He was.
Did you know Shelmerdine?— Yc».
Was lie a member? — He was.
Do you know John WiJIiamsou.'*— Yes; hut
I cannot say wiiether be was a member or
not.
Do you know James Davl&on? — ^^I nevef
saw liiui but oncci
Do you know whether he was a member
of the Corresponding Society? — 1 cannot
tak ! to ^y.
I I Justice Kyre, — Franklow was a
mtitHm^i «i *i*e London Corn -"-•^'"^ ' Society
— lhilH>rtriniiiiii uuduubteii ii>ed by
}v|rTi.».ft in htk,. i-rr.itiirt' :ih'.(a< j thefO*
Mr. ^ticUor-UcncraL^^li
35 GEORGE HL
Bvcd thai Ht tlie dinner on the 20ih of Ja-
T 1. ink iruv appeared ill Uie regimeolab
lie ciiil so t but I do not appre-
briid thai ii aay geAltcman who wears a parti-
cul tr uiafurm hacl appeaix-d up flairs at duincT
wiiJi >our lordships lo-dHV, that your lorddhips
^gidd be a (Reeled by auy thing which a mcai>
bcv of thr society, to whicli tljut ^enllcnma
Manged hud said. I miglH put the cade of
wNue geuUemen who did dioe with yotir Jord*
«^p6i who arc engaged in societies tliat wear
uniforms : suppose one of thos« getillemen
bad happened to dine with your lordsbips up
stairs in ihal uuUorm, by the argument the
soUci tor- general uses, because be appeared in
his uniform, at dinner with your Jordsliips^
llicrelbre^ what any one laid wbo belonged to
the bociely* dis.tniguished by that unitbrm.
ivould be evidence agiainst all those who had
dined with that genUenian. U seems to me
Ibat is an arguuieut wliich catinol stand for a
iiiotiienu
Anotlier way in which it has been put by
my learned fric-nd^ Mr. Bower, is this — Thai
becaw^ Mr. I ratiUow being a member of the
London Corrc^punding Societv, presided at
another «}Ociety, for a purpose that is not con-
necUnX with the Lnndon Qirresponding Society
— tiiercfore, first his declarations are evidence
agaiust Hardy, because he is one of those
Uiouaandf of wiiom the Londoti Correspond-
ing Sociiitv consists ; and next, if he consti-
tutaa auodbcr sofiicty cou^isting o( ten lliou-
itaud mcn^ every thing, that every od« of
those ten thousand men, who are constituted
by one man that belongs to the two or three
Ihonsand of which the London C-orresponding
Society consistS| b to be evidence against
Mr* Hardy — It does not secra to rae that
there is any principle of law upon which any
of those men who happened to belong to a
society, insUlnted by Fr^nklow,he happening
to be a member of the society of whicti Hardy
was a member^ that the declarations of any
oneof tliose men so sub-connected with the so-
ctely» nOf not even upon oath^ can be evidence
•gunst Hardy^ to prove either that he has com-
|>aa^ the king's death, or done iiny of the
acts staled iii this indictment, or that those
acts were pointed to that design against the
king's life. Perhaps, 1 am less distinct in
arguing the case Dcfore your lordshjp, be-
catiset 1 confess, I do not feel any principle
upon which this can be contended to be evi*
dence.
Mr. Bas»er.*^*I will prove thai none were
io tie admitted into FranklowS Ab^ociation
but members of the London Corresfionding
Society,
Ixird Chief Justice Eifre, — Whether the
principle will apply to ?^- r, ».#,r..«-r fact is
another thing ; but it ii j^ stated,
that I am !>urpnsed wt i.....^ i:^. u^* the good*
tetutie to make ourselvei understood by the
bar* because we have staiod iiom tlie begin^
nisig of this trial, that there wee & apcciee of
Trial <^ T^omm Ilstrdt/
[TOfl
evidence, whicli was admiMibic in tliia
which had no imntH<1i:arr reblion to the
soner ; and tli was another
of evidence wh: : n mediate re bti'oo
Uieprisoner— that inasmuch as tl
is charged with being involved in u
and some evidence being given of his hai
in^ been so involved, that all the tra&Aadiei
oflhat conspiracy, to which he is not
diately a party « he wdl be boi»ml by% i(
the whole, he 1
conspiracy; au
actions ot a plot ur* aiw i ieiie
without regard to the q
prisoner i* ' ---1' '- • ■
particul-jr
s«rvc^ tiia* i.
against the pr ^ \\
in the plot, ai!
the parts ofit-
But there n
ticutar case falli» wiLliiu ihe praHiple, Tht
first (juestion is — whetlter !hf re is any eri*
dencc here of I (
the London I .e
only proof of that 1^, tluU fic duitU hi ui im
form at their ainiual dinner* I shuukl ha*
great diftcully about that
staiul) thai Ihey were m 1 : ^
visitors as well as cnki^an j
members — that being bo, a a
there without hcinii a mcmbci ^. ... L ,*.,^u
Correspondmg Society*
Supposing U ontc proved distiiullv th^i ^14
was a member of the London ^
Society, then the question vji 4
member of the Corre**jKmding >»«Ki«?ly, wbv
charged with hiiviirj u grcitt share in
whoieof tins in
sociating per^r i
not true in fiVtU '^^ '
Lamheih, anda»soci
inhabitants of l^iu'
nished with arms, ij
CJtercise, and «n
either by tratH
selves mcmber&i^i ...w l
I cannot undertake to ss-
connect with tine general
action; and, theutort?, 1
upon that ground to minui
first of all, how is the iiici with regard
Franklow being a miimber ?
Mr, Gibh9,—l could un '
low*8 declarations were
point thut puzzled mc w^s^ 1 >
stand how the declnrations ol
were ^ ■ '■ ''" ' -•
social
to n^L* U|u: Iri i^«^
rations of
ofoOi'^-
woui
be putc»:«
yourobjcci ^Ut
Kyr e— .Uolees they c_
^ condition uf Fmnkkw,
Mr. Mtornesf Ocncra/«—Wtti Fimfiklo^ e
iptfttber^tfae Concspoading Society?— He
I
Mr. BMrer.— WlM!thct, pfevioiis to your ad-
auftsion iiito that society, you bad anyconveiv
ittti i«?r about the L4>m)on
C«i: r, iiboyi orovidin* arms
ffif i1m» i^aiL^iU Ai>iiCictationK— 1 cajiiujt re-
U I 1 member of the Lon-
4Qii * iely» before you were
cmpli,*)ta by Uit Lambclh Association f—-
Yc%.
How ! r^ you to be admitted a mem-
oftlifl 1 rrtfpondiog Society f. — Mn
iiardv ( > meet a youDg man vfho
wouli) p tuthe divi 9100, mid I should
beadjiiiU-<.» ^,*^ 1 was by tlmt mcuns ad-
fidbre you were admitted to the I^mbeth
ilatodttiiOQ, w€te yi»u a^^ked at nU, y^Ueihct
joa m9n 1 membor of tbo Ijonikm ( lor res-
]Hiod jog Society ?^1 do not tecollcct that I
Did Fraaklow know that you were?—!
Iniv« no re4!»on to think he did not : I believe
he did.
UmAf did know itf—Yrs.
"" om the conversation ot'thti members there
riiited
1^ Chief Justice JEj/re.—^ Ennui re what
frcf%ation wa?» betauie w tie I her he
Dl)ect4 the effect of it or not, cannot
I witii ecrtauity.
Mr. Ihwer. — Teh us the ^iiTt-^t-mrf ©f any
<Olli«r6«iUon you have hen -st the
aMBlien of this M>cielyre>; ^ uie pur-
MMS of th«9 a^cxriatiou for a iTariiamentary
>' —It seems tome that it is not
^H^i J^y^rr fit fW 1he|>rt^onpr With
dt:!; If; who lho>(' pel '-oils,
i»tT ltd it; for how am I
lot M
^ -If you c^r heard any conver-
• •at f "' ' ■ ' ti rceollccl any of
ih' J 10 were present?
Li..,: - ^n,i <^iti ygn
imdcratn them,
what lli' al were
lb' dJVom whom did y«ni
lis? — I realty cannot
tiie i>etMjii»; i make no doubt but
Mf< NofHrr nnrJ Mr, Sanderson thcni^
"■t, they were members
i^ from
Ml .uv>' trun^^ i!tiii he said
a* present when such con-
dote Nodddr aworn.^— Exuiiiined
by Mr. Bowtr,
Wife you a member of the Loyid Lambeth
%-No.
Wert you ever prcecnl with them f— No,
Were you ever at Spence** in Tumslile f^
I was.
Were you extt there when any of the Loy^l^
Lambeth As«iocJation were there f>-l catingf ,
tell, for I do not know any thing of any pet-
sons of that description.
George Sundcrum sworn, — Examined by Mr.
Were you ever present at any meeting of
Uie Loymi Lambeth Association K— None of
that description as I know of.
Mr. Borver to W iUianis. -*Di6 you ever hear |
nf^*' f ..i»o^^-,,«.rTTjin the presencf^^' 1 r -kJow,
r ilia who were ji reatf
th-. w.^.^„.;.^ii?— Yes; I have .^,.:<i ^o al-
ready.
You have, in the presence of FrankloWy
r I do not know tlie pervious f^YcB.
^i-r. — I submit that it is §ufiicjent to \
let m thf: evidence,
Mr. Justice Crcfte. — But lei us hear Iher
conversation, Mr* 0owet, not what heeol^'
lected.
Lord Chief Juistice %re. — All that ciiii j
affect Franklow by the general cvideneeymtist ]
be admissible.
Mr. Erj^in^.— The Court has ruled f>t- '
quentty in the course of the trial,— and it
would be indecent in us to argue it again,P—
that any thing said or done by any memberT>f ^
the London Corresponding Society, or any '
members of any other society with which that
society is implicated, will be evidence to prove
the ftrst branch of the conspiracy, and that
they must go on to build upon that evidence
that which is necessary auerward» to aflect!
the prisoner. Therefore I submit to your
lordsnips what I take to be the distinction^
hpre---Mr Bower was going on to prove \ha%
all the members of the Lambeth As^wKiatToti
v.. iiiliprs of the C'orrcspfM " ^^'Vt
V. J^l put an end to our . ot\
Mi :' T»' not all nu lutH-r?^ i^^
I I Uat what was done cami?
Injiii ,1 iiif iiisir r ui uie Gorre*pfmf^'r^ ' '^ ^rcty,
then I apprehend it ^vill be 1 Iso;
hv* ^ "^" lordship has truly s... ,, ',,.,,: Mr.
]i not seem to be more connected
\\. rris the Serjeant mftjor of
pai 1 1 i I merely in the coufi
ti ' J he knew any IkkI^I
v. IS, he said he did not; this man
n frr hiin ; in the course of n fori-
II Jtcrherecomm*
ii, LOfiMiut that at
he rticumniciJilLd lam to Fnmklow, he kucvv
thi? articles of hi» association, he c»n!y knew]
r ' ' ' ' iLicmberof the
I ; therefore t
i •■■' *'- mlc;
^: ..v^ ... , --nk- '
I to somethini;'
ci -, ., p,,,-,:^: -i , ,. . iwimtwasaaid^'
aod wltich miglit have nothing to do with hta
703] S5 GEORGE III.
in&titution ; it would be too much to a£fect the
prisQDer, particular! v at so late a period of the
cause (though I do not mean to say that
would make any specific difference) with a
declaration so very inconsistent with what
your lordship has already heard upon this
subject; it tnereforc seems to me an object
of greater suspicion, and more our duty to
guard against. The witness has said he can-
not specify who the person was, and if they
were not all members of the London Corres-
ponding Society,^ non cotutatf that the man
was a member of the London Corresponding
Society.
Lord Chief Justice Eyre, — ^Nothing turns
upon the question whether Hardy did or not
recommend Williams to Franklow, the ground
of its admissibility is simply that Franklow
was a member of the London Corresponding
Society — then as a ground of the general con-
spiracy, it is offerd to prove that Franklow
has formed an association of armed men, to
which association they will impute a design
connected with this alleged conspiracy ; what-
ever, therefore, will fix Franklow with that,
has been considered as proper evidence to
that general charge ; and the only question,
therefore is, whether laying, for a moment, the
Prisoner out of the case, supposing Franklow
imself at the bar— whether if he makes an
association of persons of this description, and
if there are conversations passing in his pre-
sencCy from whence a bad design can be uu-
puted to this association, whether that is not
admissible evidence as against him? what the
effect of the evidence wUl be, it is truly ob-
served, will depend upon a thousand circum-
stances ; whether he was attending whettier
it' he was attending, he approvea or disap-
proved of it? all wfiich may avoid the effect
of the evidence ; still it seems to me that as
against Franklow, and to fix upon him the
lukvins been guilty of forming this association
for a bad purpose, the transactions that pass
in his hearing are clearly evidence.
Mr. Bowfr to Williams,— You told me Mr.
Sanderson and Mr. N odder were present at
a conversation that I should have asked you
to, if I had been admitted; were they present
at Spencc's, Franklow's, or Shelmerdine's ? —
I have only seen them at Shelmerdine's and
Spence's.
Frederic Folydore Nodder called in again.—.
Examined by Mr. Bower.
You are a member of the London Corres-
ponding society ?- • - 1 am.
Were you present at either Spence*s or
Shelmerduic*s, and at which, at the time the
last witness, Williams, was there, and when
persons were assembled for the purpose of he-
me drilled? — ^lo my knowledge I never saw
Williams but at Spence's.
You have been with Williams at Spence's,
when the persons were assembled that he was
drilUng and teaching the manual exercise?— I
have.
Trid of Thomas Hardy
[7M
When you wer^ there,- did you firott any
persons there^ hear anyconversation
Lord Chief Justice Mmt. — Did you say you
were a member of the London Correspondiii|
Society ?•— Yes, I am a member of the is£
division ; here is my ticket [Producing il}.
Mr. Bower, — Do you know whether the
persons who were there, were members of the
London Corresponding Society or not?— I
cannot say whether all were ; some of them
were*
[The Ticket read.]
<' No. 35^ London Correspondtofl Society/
united for a Reform of Parliameataiy Hepreaoi*
tation — Unite, persevere, and be firees-DWi-
sion No. 13." On the back-- ** Fiederick
Nodder, paid to Midsummer tenpence, Samuel
Cooper, 1794."
Mr. Bower* — ^I cannot cany this farther,
and therefore I must leave it to the sense of
the Court.
Lord Chief Justice Eyre, — I understand
the Court to have decided that you may in-
quire into conversations in tlie preseoce of
Franklow.
Mr. Erskine.—To what was said, but not
what he collected.
Lord Chief Justice Eyre.— Not what he
collected.
Mr. Bomer to William*. — Tell me any
conversation you recollect when Franklow was
present respecting the London Corrcspooding
Society?— I cannot recollect the cooveisa-
tions.
Can you recollect any part of them ; how
did you collect it? — By being with them at
various times, and hearing different talk;
there were some among Xhcm which I did not
take any notice of, or give myself any conoem
about.
When they met at all, was the subject of
parliamentary refonn introduced at all as a
topic of conversation ? — No, only some would
be talking one to the other.
You mean it was not general conversation,
not as a debate, or any thing of that kind ? —
No.
But they were talking to each other ?^
Yes.
Were they talking so that Franklow heard
them ?— Private persons might talk about iL
Lord Chief Justice Eyre— We ought to be
always very correct when collecting what peo-
ple said. I think you had better not press it
Mr. Bower, — You heard from Franklow thai
they were to consist of sixtv ? — Yes.
Did you hear from Franklow whether they
were to have any more, or that was to be tlie
utmost quantity tliey were to have? — ^Thal
was to he the number.
Had you any directions from Franklow or
Hardy upon the subject of arms, or of any
other kmd ?— I was one night in Mr. Ilardy^
shop, and there was a person there asked oie
how longi thoughilshouklbe togetatbuu-
sand.
Toq
fn/r High Treaionm
A. D. 17M.
[70ff
Was Mr. Hardy present ?~He was present:
it ^&s a stranger; he asked how long 1
thougfat I shotila be getting a thousand gunH ;
I told hifn I could not think of getting so
mauT in the situation that I was in.
Wliat said IJardv to it?— I do not knotr
that he made any reply.
Was any thing more said ?— They said they
might get a thoumnd from Sheflleld ; I said
biicn a thing might be, but I could not under-
take any thing of the kind ; there as far as I
recollect, the conversation ended.
Gtorgc Sundtrion cxauuned by Mr. Law.
Where do you live ?— In Butcher-row Tem-
Me-bar.
Yea keep a public-house there, the Bunch
of Grapes?— Yes.
- Have YOU e^-er been at Spence's witli Nod-
derr—YM.
How k)ng a«*o is it since yon first went to
SbelmerdineVif ever you were there ? — I nnuft
tefef to the notes I have, the memorandum I
Made, [itefers to his memorandum.] It
was the '2nd of April.
What was the occasion of your going there ?
—It w«fl to decide a bet.
Did yo« see any fire-arms there } — T did.
Whom did they belong to ?— They belonged
to the armed so<iety.
Where were they? — A\. Shelmerdine's in
Ae borough.
What is Shelmerdine ? — A hatter.
On what day was this? — ^Tlie second of
April in the evening.
Oo yon know of how many persons this
Bfned society consisted ?
Lord Chief Justice Kyre. — How many stand
ef arms did you find there ?— I did not take
^uticular notice, there might be seven or
eight stand of arms there.
Of how many persons did this armed so-
ciety consist? — I suppose of twenty-four or
twenty-five members.
Whetlier all the persons of the association
were members of the London Corresponding
Society? — I suppose they ^-ere, because they
objected to my beinn; of the armed assocla-
tKMi because I was not a member of the Lon-
don Corresponding Society. I was made a
member of the armed society upon a promise
that I would become a member of the London
C>orre?iponding Society.
Did you afterwards become so? — ^I did.
How many peri^ons have you seen at any
ene time togctncr at this armed society ? — I
think when I first met them at Shelmerdine's
there might be twenty-four or twenty-five:
they did not all meet at Shelmerdinc's ; we
■^Ijourned to another place ; it was supposed
to be dangerous to meet at Shelmerdine s; the
a^oumment had been agreed upon before I
came there ; the greater part of the arms had
keen removed.
Who had you to teach you the military
€kerri«>e llhcrc ?— We dkl not exercise there.
Or at the place to which you adjourned ?—
\OL. XXIV.
We did not exercise there, we only adjoin^ed
there for the purpose of fixing upon a prope
place to exercise in.
What was the house to which they did ad-
journ ? — I'he house was in Worcesier-street.
Was the name of the person Day ?— The
same— we went up stairs, they mentioned
then that the private committee of the armed
society had fixed upon another place for exer-
cisini;.
Where did that private committee sit?—
They sat with the rest.
At Day's ?— Yes.
What were those places where you were to
assemble ?— One was at Spence's, the other
was in Westminster, just by Tothil-fields
Bridewell, at a blacksmith's stied.
Did you assemble with others at any time
at either of those places.?— Yes, 1 pretty con-
stantly attended them ; I went to Spence's
first ; we met once or twice a week.
For what number of weeks did you meet?
— I called several times when there were none
there ; it was the 14th of November, I think,
I first of all went; — no ; it was on the 1 1th of
April, the first time I went to Spence's to ex-
ercise; I continued to go occasionally to
Spence's till May the 1st.
From the llth of April, till May, you con-
tinued to go to Spence's, and this shed in
Westminster, for the purposes of exercising P
—I did.
Who was the person that generally taught
you? — Formerly Williams; and Orr, from
the llth of Apnl till May; on the first of
May I took away my gun.
What was the greatest number of persons
yon mctt at either of those places, during the
period you have mentioned ? — I do not Uiink
we ever met above six.
And you were there taught the militaiy ex-
ercise ? — Yes.
W hat was Orr ? — I believe a taylor. I have
heard so.
Had he served abroad ?— He mentioned fre-
quently in conversation, that he had served
against the alHed armies.
Was he a member? — ^He was a member of
the Corresponding Society; he had served in
the French army, from his own account.
You were not at first admitted, but you be-
came afterwards a member of the Corres-
ponding Society ?— I did.
What was the reason that you did not so
afterwards to exercise at Shelmerdine*s?— He
was a hatter, and frequently chansed his
men ; and some of them, they observed, might
not be staunch to the cause, and therefore it
mieht be hazardous.
Lord Chief Justice £vre.— Haxardoiis to
the cause ; to what cause r— If I mig|ht jialge
from the conversation, it was to obtain a par-
lianientiry reform, at the point of the
bayonet.
Lord Chief Justice Eyre, — ^When you say,
the cause, do you moan the cause they w«f t
cngfigedin?^Yes.
9 Z
707] 35 GEORGE III.
Lord Chief Justice Etfre.—You were in an
association, and had articles of an association?
—I never saw tlicm.
Lord Chief Justice Eyre.— Were not the
articles acted upon ? — Part of tliem were ;
that we were to pay so much upon admission;
one half of which was to buy amiD, the other
to defray the incidental expenses of the society.
Mr. Law. — Were you a member of the 13th
division? — I was admitted a member the
same nin;ht Mr. Noddcr was, and received a
similar ticket.
Did that meet at Robins*$ Coffee- house, in
Shire-Ianc ? — Yes.
Do you remember, upon the Snl of May,
any member jiving an account of the time
when Mr. Pitt would probably he at the
House of Commons ? — Yes, 1 perfectly well
recollect the circumstance; it was in the
month of May ; I do not recollect the night.
What was the conversation that passed in
the pn^sence of those members, respecting the
circumstance 1 have mentioned ?— One of the
members pot up, and said, citizens-
Mr. Erskine. — ^Who was the member? — ^I
do not know.
Mr. Erskine, — I submit it is necessary it
should appear, that he was a member of tlie
Corresponding Society.
Mr. Law. — Was it a member of the divi-
sion ? — ^Yes, at this meeting none were ad-
admitted but members.
What did this member say ?— Citizens, Mr.
Pitt will go over — I forget which of the
bridges, but he mentioned one of the bridges,
at twelve o'clock at nieht.
Did he accompany that with any observa-
tion ? — None ; there was a general clap upon
the table, and some said it was very improper
to make any comments upon it.
Was any thing fartner said, at what
bridge ? — They mentioned the particular
bridge, and on what occasion he would be de-
tained till twelve o'clock at night ; I think it
was Putney bridge, but do not recollect the
bridge to a certainty.
Was any piece of good news, or any thing
they called good news, announced, at that
time, by one of the members ? — Yes ; there
was some good news announced that very
ni";ht, as they termed it.
What was it ? — A defeat of part of the Bri-
tish nrniy ; I do not recollect what.
Was that called good news?— It was gene-
rally so understood by the society.
Was that, so described, so announced ? —
Yes.
Do you recollect any thin": beins men-
tioned, with respect to any of tnc king^s mes-
sengers ? — I do.
What was tliat?— That he had the pleasure
to inform the society, that I19, heard one of
the king's messengers bad been killed 10 the
country.
Do you r\
eiety of the fu
the name '^^
coUer*
Trial of Thmoi Hardy
[708
Do you remember any obsenration thai a
member made, respecting any of hia rela-
tions ? — I do recollect some observations, but
cannot recollect the exact words ; but I think
he said, if it had been his own father, or his
own son, he should be glad, if he met with
the same fate.
Had who been?— The messenger.
Was that man a near relation of any of
the king's messengers-?^! do not know.
Was that said by Higgins ? — I do not know;
I do not know Higgins personally.
Was any tiling mentioned^ by way of cau-
tion, to the members, for fear of spies? — It
was frequently hinted to the members to be
cautious, for fear of spies ; to be careful whit
they said ; for, in all divisions of the socie^,
spies from the treasury would creep in.
Do you remember any proposition for sub-
dividing the meetings into a less number ?—
Yes ; it was a proposal, that, as they might be
prevented meeting in public houses, on ac-
count that their licences might be taken away,
that they should be divided into tithings,
that they might meet at the House of eveiy
tenth man.
Lord Chief Justice Eyre. — Was that youc.
armed society? — No; the London Corres-
ponding Society.
Mr. Law. — Was the proposition acceded to 9
— It was deferred for furtlier consideration.
Was there any mention of any one of the
committee being a spy? — Not in particular
that 1 recollect ; there was some one alluded
to, but I did not understand who it was.
Was any thing said what should be done, if
any spy was discovered among you? — One
member observed, he should not regard blow-
ing any spy's brains out, if he discovered him*
You had a musket? — Yes.
From whom ? — Vrom Williams.
That mubket you have now ? — No, I have
not.
George Sanderson cross-examined by Mr.
Erskine.
So a member said, he would not care for
blowing any spy's brains out ? — Yes.
Were not yuu a little afraid when you heard
that ? — I was.
Oh ! you were a spy, were you ? — I was.
What was that paper you had in your haiid,
a little while ago ? — Merely a memorandum
of dates.
I am glad you have it; we will go to work
with dates ; I like a paper of dates ; you will
be bound by it ?— I will be bound by it, upon
my oath, as near as a man can be bound to a
paper of dates.
(Jn what night was it, and at what place,
that there was a rejoicing, that there was a
defeat of the British troops, and when one of
the members said, that one of the king's mes-
•engenhad been killed ; and, if it had been hia
"^ (kther, he should have been glad, if he
tiviththe aune fate?^I t&nkiiwaa
709]
Jor High Treasm*
A. D. 1794.
[710
Mr. Erskine. — ^None of your thinking, when
you have the paper in your hands ! — I have
not a memorandum of the date..
What date have you taken, good Mr. Spy ?
—I do not think, upon such an occasion^
being a sp^ is any disgrace.
Lord Chief Justice Ei^re. — ^These observa-
tions are more proper when you come to ad-
dress the jury.
Mr. Attorney General, — ^Really that is not
a proper way to examine witnesses. Lord
Holt held strong language to such sort of au
address firom a counsel to a witness, who
avowed himself a spy.
Mr. Erskine, — I am sure I shall always pay
that attention to the Court which is due from
mc ; but I am not to be told by the attorney-
general, how I am to examine a witness.
Mr. Attorney General.-^l thought you had
not heard his lordship.
Mr. Erskine. — ^I am much obliged to his
lordship for the admonition he gave me. I
heard his lordship, and I beard you, which I
should not have heard.
What was the date when you say that pass-
ed, that there was a defeat of the British
troops, and somebody said, that there was a
messenger killed in the country, and he
should mive been glad if it had been bis
own father? — When first I was introduced
into the 13th division, was on the 2l8t of
April, on a Monday.
When was it you heard that conversation,
from whence you collected, that the reform of
parliament was to be carried at the point of
the bayonet?— That was mentioned at the
armed society.
Have you got any date for that ? — ^Yes ; 1
never was there but once, therefore I could
not make an error in that; it was April the
2nd.
At what place ? — At Day's.
Where is Day's?— In the Borough, near
the Grove ; I believe it is called Worcester-
street.
How many persons were present at that
time? — Some were going up stairs, and some
going away ; to the best of my recollection
there might be twenty-two, twenty-three, or
twenty. four ; I did not count them, as I never
expected to be called.
You must have expected it ? — I had every
reason to suppose 1 should not be called.
I wish to know from you, whether, from
the conversation that you are now stating, of
obtaining a reform of parliament, at the point
of the bayonet, whettier you collected this
from one person, or the general conversation
of the whole people ?— It seemed to be the
opinion of the whole company, that a parlia-
mentary reform could not be obtained, but at
the point of the bayonet.
And you collected, that it was their inten-
tion so to carry it? — ^Yes; from their general
conversation.
• And you fix that conversation to the Snd of
April; at this place ?— Yes.
What was that you said about a bet ? — ^The
reason of my going there was to decide a bet ;
that was the way I first came to go there.
And you lost your bet ? — I did.
You made yourself a member of the Cor*
responding Society ?— I did.
And took those notes? — I did.
Why did you take those notes ? — When I
once discovered, that an armed society of this
sort existed, which I thought of such danger-
ous tendency, I immediately gave notice to
the secretary of state.
How long after you had lost your bet ?— Be-
tween two and three days ; but 1 mentioned
it before that bet was decided, that^ if I lost
ray bet, I should certainly acquaint the se-
cretary of state.
Should you know the faces of any of those
persons? — I should, of two or three of them.
Should you know more of thcni? — 1 do nut
think I should; I know the person in the.
chair, Orr.
Was Franklow there ?— He was.
Do you know any body else that was there?
— I think Williams was there ; but 1 did not
expect to see such a thing; I was very much
flurried and confused.
Edward Gosling sworn. — Examined Ly
Mr. Garraw,
Have you been for any time a meuiber of
the London Corresponding Society? — I be-
came a member on the 1.5th of April.
What April do you speak of? — April, 1794.
Did you become a member, in consequence
of any communication between you and any
magistrate of the country ?— I had not been
directed to become a member, in consequence
of the recommendation of any magistrate ; I
had been unexpectedly proposed by Whit tarn,
and a magistrate had told me, if another per-
son had proposed me. I should become a
member.
Had you communicated with any magis-
trate of the country, before you communi-
cated with the society ? — Not respecting the
Corresponding Society.
Who was the person that first introduced
you to the society ?— John Hillier.
Did you make application to him first, or
he to you ? — ^I first went to Hillier, to make
some inquiries respecting a person who was a
member of that society.
What led you to go to Hillier to make
that inquiry.^ — From seeing publications of
that nature, and I was informed tliat the per>-
son respecting whom I was directed to make
the inquiry was a member of the Correspond-
ing Society.
Publications of what nature ? — From seeing
publications in Hillier's shop window, which
appeareil to me to be of a seditious nature.
What business did Hillier carry ou ?— He
sold pamphlets.
From that you thought it likely Ive n(«&<^
member of Uift«K,\el^^\i>M\^ v^^'^^ ^wv.\t^
formation, lViweV>e\ti%wim'&ttVMv^v&x^'*»NR^
to inquire a\)g\x\^— \eii»
ril] 35 GEORGE Itl.
When did you first make your application
to HiilierP— I believe towards the end of
March, or the beginning of April.
For what purpose did you become a member
of the Corresponding Society?-— On the 14th
of April when I first became a member, I was
unexpectedly proposed, on the day following
J infonned Mr. Wickham that I haid done so.
What passed between you and the magis*
trate is not evidence, but in consequence of
what passed between you and him, why did
you attend the meeting P — ^To discover whe-
ther they had any serious intentions of
arming.
You have stated that you communicated
flomethinff upon the subject, to Mr. Wick-
ham ?— \ es.
Was it with his approbation tliat you at-
tended the meeting for the purpose you havo
now slated i*— It was.
Did you from time to time communicate to
Mr. Wickham such facts as came to your
knowledge? — I did.
And went there for the express purpose of
procuring information, and giving it?-— I did.
When were you first introduct^ ?— On the
15th of April 1794.
At what division ?• --Division No. 11.
Meeting at what place? — Northampton -
street, (JltTkenwclI ; I do not recollect the sign
lightly, hut ttie matrsname was Holt.
Did liillicr introduce you ? — Yes.
Whsit numlicr of persons were present at
thatm:'eting?---I cannot exactly tell, there
might be about thirty.
Did any thing material pass at that meet-
ing?— There was some conversation about
tiie proceedings at Chalk Farm.
Had the meeting tlien at Chaik Farm taken
ylace? — ^T his was the day after the meeting
had hot n at Chalk Farm.
What passed with respect to the meeting
which had been had at Chalk Farm?— The
conversation turned that night principally
upon that, and some were talkmg tnat it was
pece>Jsary to arm to protect the convention,
in the same manner as they had in France ;
I heard some present talking in consequence of
a convention having been Ulked of at Chalk
Farm that it would be necessary to arm to
d«:fend that convention the .same as they had
done to protect the Convention in France ; I
think it is proper to say tliat their minds
appeared at that time to he \'ery much heated
from wliat had passed at Chalk Farm, and
therefore from that circumstance I did not
tliink so much of their being serious.
Do you mean that they were heated with
liquor? — No, not with liquor.
What was described to have passed at ;
Chalk Farm that should so have heated their
spirits? "-There were a number of resolu-
tions passed.
Do you recollect any of those resolutions?
— Yes, I rememlier one resolution, I am re-
member some circuBifttances which occurred
at Chalk farm.
Trial of Thomas Hardy [7 12
That were stated to have occurred there—
you were not there ? — ^I was at Chalk Fam.
Then you were there before you became a
m€ml>er ?— Yes.
State any circumstances that occurred at
Chalk Farm, particularly such as were men*
tk)ned in this meeting of the division the
night afler ?— There were a number of reioliH
tions read which I cannot repeat ; but one of
them concluded with the wwds, brought the
head of Charles the First to the bkick, and
sent James the Second from the throne;
then a man, whose name I understood was
Birks, shouted. I remember a person, whose
name I was told was Richter, mentioned that
he had received a letter from Sheliieldp I think,
but am not positive to the place, that a mat
number of persons had met there, ana that
tliey were determined to petition parliament
no more for a reform; that a conventioQ
was intended to be called, and that, I think,
he said it was to take place in about sis wieeks»
or a shorter time, 1 cannot recollect the
positive words.
Upon Birks's shouting was any observatran
made by any persons present at Chalk Farm ?
—Some persons said that they thought hold-
inc^up their hands was sufficieDt; this man
called out, that he wished to be heard at SL
James's.
Do you remember Mr. Thelwall being
there?— There was a person tlierc whoee
name I was told was Thelwall, whom I never
saw before nor since.
Did that person uke any part in the con-
versation and debate that was going forward?
— Yes, he spoke several times.
Do you recollect any particular expreasion
that struck you that he made use of ?<— ^Some«
thing that Mr. Dundas had threatened to
bring the Scotch laws into England, and if
they attempted it, they must repel force by
force, or something of that sort.
Do you recollect what particular subject
respecting the Scotch laws was the subject of
conversation?—! believe it related to some
persons that were tried.
What was the expression used? — ^That
in^imous and ever to be detested Court of
Justiciary in Scotland.
Do you recollect the remainder of that
sentence ? — I cannot say I have a positive
recollection ; I mad^no minutes at the time.
Lord Chief Justice Eyre. — You have better
evidence 1 suppose of tlie resolutions, than of
the conversation ?
Mr. C/afTov. — Was there any direction as
to the printin^^ any number of copies ol' the
proceeaings oi the day ? — I think the number
that was ordered to be printed was two hun-
dred thousand.— i cannot say, whether one
or two hundred thousand copies of the rctoki-
tbns, if they should be wanteii.
Which was the nest meeting of the divisioo
that you were at after wards?— On the Monday
fuUowhig I WH at the BOdftng ^ aMther
diviuon. '..-..,.
713] for High Treaion.
Where was that ?— At the houae of one
Morrif, a jack-maker, in Brick-lane.
What division was that? — I bttUeve they
call it sixteen and twenty-five.
Did any thins material pass at that time ?
—I do not recollect any thmg particular, any
farther than ductor Hodson was recommended
by the committee to be relieved.
Where was he at that time, and what was
the purpose for which he was to be relieved ?
— Tnere was no particular purpose stated,
only he was rcconiiuended for rehef.
Did you go with Hillier next day to see
doctor Hodson ^-I did.
Where did you go to ?— To Neweate.
Whom were }'ou introduced to there ?— To
doctor Hodson.
Did Hillier go with you?— Yes.
Was there any other person there besides
doctor Hodson? — Yes, one Uoyd, Roussel a
FrencfamaO; and a captain WilliamSy an Ame-
rican.
Hillier was likewise there ?— Yes.
Be so good as teU us what the nature of
tlie conversation was there in the presence
of Hillier, he being one of the parties f—
The principal conversation that I had was
with doctor Hodson.
Was it in the presence of Hillier ?— He was
there ; all those persons were present ; the
most material conversation that passed then
was from doctor Hodson ; he asked me if I
bad seen a copy of tiie new constitution, I
told him I was but a young member, and did
not know any thing of it ; he then informed
me that there was a very clever one coming
out; the society was to be divided intodivi-
sions, and into small divisions, that the pur-
pose of tliat was for the convenience of learn-
ing the use of arms, at each other's houses.
What more passed at that time?
[The witness refers to a paper.]
Lord Chief Baron Macdonuld.'-^J>id you
make that memorandum at the time ? — ^I did ;
be informed me that those divisions were to
be called ti things ; and that the purpose of
them was likewise to keep spies from getting
among them, and betraymg their intention ;
he likewise stated, that their numbers were
increasing, and that they would soon be too
ibimidable to be resisted. I made an obser-
vation, that I did not think, from what I had
seen in the society, that they appeared to be
men of property, to have money to effect any
thing, upon which a Frenchman, who ^^%
there, got up and said, when the society was
organized, money should nut be wanting.
Wat this Roussel that you have mentioned?
-Yea.
Did an^ thing more material pass at that
time 7-^1 here were some toasto given, one of
which was given by Lloyd; the toast was,
"Th^ Worlda UepubUc or a Desert :" doctor
HndBon said, he hoped soon to see a revolu-
Uooary tribunal established in this country,
fcr te despised all others.
A. D- 1704.
[714
He was then suiiering under the sentence
of the law, I lielievc ?— Yes.
This was said still m tlie presence of Ilil-
lier ? — Yes.
Was any thing more said at that meeting
that was material ?— Roussel said he was
going from there to Thelwairs, and he should
set off the next day. Lloyd asked liim, for
the continent, he answered, oui. Hillier asked
to France, he answered, yes.
When Hillier invited you to eo to Newgate
to see those persons, who did he ask you to
go and see?— The persecuted patriots.
Is Mr. Lloyd confined upon any sentence
upon a criminal prosecution ?— I do not know;
Lloyd was part of the time writing; I heard
he was a prisoner, but for what I do not know.
When was the next meeting of the divi-
sion ? — I tiiink it was the same evening I was
at the division to which I belonged.
Which was that ?— The ekventli.
Who were the persons that were present
there?— One Wright a delegate, and Gordon
who was secretary, and about thirty-six other
persons, I believe.
Thb meeting was, I believe, at the Hope,
in Northampton-street, upon the S2d of
April?— Yes.
Who was the delegate at that meeting? —
Ilis name was Wright.
Do you recollect any conversation of
Wright's in the society, upon the subject of
arms?— After the society bad broke up we
were coming away ; Wright asked iqo if I
had got any arms, I told him no ; he said be
had got his musket, and that it was necessary
that we should all have arms, as we might
very soon be compelled to u»c tliem.
Was that said as well in the hearing of
other members as yourself? — Yes; the
secretary suted, that he was very sorry to leave
the society just as they were going to act as
well as think, and to regenerate their country.
Who was their secretary ?— His name was
Gordon, he was going to America ; he said
he should lake some copies of their spirited
resolutions to the popular societies there.
Did you hear any observations upon the
subject of arming from Hillier, or any other
member of the society besides Wright, the
delegate? — Hillier said, he had nut got a
musket, but he had got a pike.
Do vou remember being present at any time
at Hillier*s in the same mouth of April, on the
tf6th of April?— On the S5th of April I was
at Hillier*s ; there were present a person
whose name I attcrwards was told was
Wiekiiif.
Where is Hillier's house i*— No. 80 or 81,
Bishupsn;ate-strect ; 1 was lold his name
afterwaids was a Mr. liicktlif^ and two other
persons, one of whom appeared much in
liquor, the rest were sober, and there was a
man of tlie name of Bemiett, the seprelary to
the 16th aud 5th divisions.
Was there a person there who was a mercer
by business f — Yes, that was Bennett
715]
S5 GEORGE 111.
Trial of Thomas Hardy
[716
Were there same otner persons present ?
— ^Thcre were those I have stated ; Uiiiier was
present ; the conversation was begun by this
person, whose name Hillier informed me was
Wicksly ; he said he had received a letter
from Sheffield, which informed him that
liiey had a numerous meeting, and had deter-
mined to petition no more for a parliamentary
reform; he likewise said, that this letter con-
tained the drawing of some knives which
were making there, of a particular construc-
tion, for cuttmg of reins ; the letter contained
a drawing, with this observation — tiiese are
the instruments we! shall soon use.
What were they stated to be lbr?--To be
fixed against the end of poles, and to be used
against the military.
What were the knives for? — For cutting
the reins.
Cutting the reins of what ? — I do not recol-
lect whether he particularly explained that.
It was stated that those instruments were
to act against the military?— -Yes.
Do you mean stated in terms, or that you
collected thatP-'-It was stated in terms; it
was farther said, the principal dependance of
the society was in securing the royal family,
and both Houses of parliament.
■ One of the JMry.«— What date was this ?—
On the 26th of April ; he farther said, if they
cuuld resist the first shock, there would be nu
danger to be apprehended afterwards.
If who could resist the iirst shock ?— I con-
sidered it to be the members of the different
societies ; if they could resist the first shock
from tlic army, that tliere would be no fear
afterwards.
Did Ihcy give any reason why I he first shock
being resisted, there would he* no fear afler-
wards ? — They said the royal family bcinu; se-
cured, the army would have no head to Took
up to, imd would be «»lad to accept the addi-
tional pay that would oc offered them.
Whum was that additional pay to be offered
by? — I understood by the societies.
Do you remember any observation that
Hillier made upon that additional pay being
oflcred to the army with respect to the com-
parison of sixpence a-day with any other sum ?
—There was something said, 1 believe it was
eighteen- pence ; that llie men would not light
for sixpence a-day if they could have eighteen
pence — I think it was, but I am not positive
to the sum.
Whether any of the persons present at the
time that these observations were made, and
these tarts stated, made any objection to
them? — None: but 1 think it is proper to
state that one person was very much in liquor,
and took no part in that conversation.
Those who conversed were not in liquor ?—
No.
Those to whom the observations were ad-
dressed, except the one who took no part,
were tliey sulier ? — Perfectly sober.
Did any one make any observaticm that had
a tendency to repress this conversatioa ?— »Oae
of them, Bennett, went out with me into the
street, and his conversation was so violent,
and he spoke so loud, that I was obH^ed to
check him, and told him the people m the
street were hearing him.
Do you know a person of the name of Bax-
ter ?— I do.
Was he a member of the London Corres«
ponding Society ? — I have seen him at di-
vbions.
At other times since that, have you heard
any observation from Hillier or Baxter, upon
the subject of arming?— On the 9th of Mav
was the most material conversation I had with
Baxter, that was at Hillier's house ; he said
he had been with an officer who had been
lately
Who were the persons present besides Bax-
ter?—Baxter, this Bennet, Hillier, a man
whose name I was told was Hill, and some
other persons, whose names I do not know,
were present during a part of this conversa-
tion ; Baxter stated, that he had been with
Mr. Joyce, who was secretary to earl Stan-
hope : Mr. Joyce told him there was no dan-
fer to be apprehended from Stone, that Stone
ad too much firmness to let them get any
thing out of him by intimidation.
\vhom were you speaking of by the name of
Stone? — A person I understood who was
confined in Newgate.
Did you understand he had been examined
before his maj.esty's privy council? — I un-
derstood that he was committed upon a
charge of high treason ; we had some con-
versation about Hamilton Rowan's escape ;
he said, carl Stanhope's "Speech was to be
printed, with an addition, which was to be
very cautiously put in ; he said, the committee
of correspondence and co-operation were pre-
paring an address to the army, with some
strong resolutions ; he said, that prudent and
determined men were wanted to propagate the
opinions contained in those resolutions.
Were they wanted to propagate them J* —
He stated, that one Moore hadheen particu-
larly active an'l successful in getting over the
army.
Did he tell you what description of the
army he had been more successful with
than the other ? — He «aid, they liad most
to fear from the young recruits ; they had suc-
ceeded best with the old soldiers in West*
minster ; he said, if one- third of the army
was got over, the other two- thirds would not
act with spirit against them ; he then asked
me if I knew any person who would buy a
pike.
Whom are you speaking of now ? — Itextcr.
Lord Chief Justice Ei/rc.— Who was it said
all this ? — Baxter.
Mr. Garrow, — Did he mention any thin
with respect to his interview with the otHcers ?
— Yes, he said that the officers had made use
of an expression not fit to be repeated, and
asked him why he did nut blow them all up
together ; he said the officer bad been lately
presented to the queen upon his promotion.
717]
f^ High Treaion.
A. D. 1794.
[718
You think it an indecent expression ?— -It is
as applied to such a person as him ; he said,
that the officer had asked Baxter why they
did not blow up the whole family together ;
he then asked mc if I knew any friends who
would purcliase a pike ; I said I sliould have
no objection to purchase one, but that it
would be of no use unless I knew how to use
it ; he said, if I went either the Thursday or
the Friday following, and made use of his
name at the sign of tlie Parrot, in Green-Ar-
bour-court in the Old-Bailey ; I was to ask
for one Edwards, tliat he would be called out
to me, and I was then to tell liim that Baxter
had sent me, and then I was to have a pike,
and I should be introduced to others, who
would learn the use of them with me, and that
Edwards was ver^' clever at the use of it, and
would assist us m learning ; be stated, that
p'dces were much cheaper tnai^ muskets, and
that it would be impossible for the number to
procure muskets on account of the. expense.
There is another cicumstance, he stated, that
persons with muskets might do a great deal
of mischief if they did not know properly the
use of them : I made an observation, that I
thought we might have a reform in narliaraent
without coming to blows ; he said, is there
one man in the society who believes a parlia-
mentary reform is all we want— no, not one ;
he said, that many men of property had hi-
therto kept back on account of tne sanguinary
conduct of the French, but that they were
now willing to come forward, as they were
convinced that a revolution might be effected
in a few hours ; he said, for his own part, he
did not wish the king, or any of his family, to
k>se their lives, but he thought they mig;ht go
to Hanover ; he said, it must be expected tluit
some blood must be shed: some particular
persons had offered such insults to the people,
that human nature could not overlook ; the
conversation afterwards turned relative to
Thelwairs having been indicted, in which
there was nothing very material.
Was liillier present during tlie whole of this
conversation of Ikixtcr ? — Yes.
Was it pronounced in a way in which every
person might hear ? — ^They might; but I did
not pay much attention to any thing tliat fell
from him, from this circumstance — that Bax-
ter was one of the coranuttce of correspon-
dence and co-operation; I thought I should ob-
tain must infurmation from his conversation,
there ture I attended more to him.
Did lie state whether any, and what num-
ber of pikes were ready at tiial time, at any
pluc ? — lie said, that many thousand were
makiug at Sheffield, tliat tlie heads were only
to cume from there, but that they were to be
stocked in town.
Did he give any caution with respect to coo-
versir.j^ in the division-mcctinj^, respecting
theptkij, at that time?— He recommended
thaliiuiiiiii^' lif tliat should be mentioned at
toy uf lliu \1< vision-meetings^ till the new con-
stouUou aiAouU be adopted.
The new constitution of the society ?— Yes,
of the society.
Did he give any reason for the necessity of
that caution? — Yes, he said, because there
were spies in tlie society.
Was there any thing said in the course of
this conversation with respect to the French
emigrants ? — It was stated by Baxter, tliat it
would be adviscablc to let Uiose who were
prisoners out, and, . if the Frendi emigrants
attempted to resist, they should share the fate
of spies at Paris.
\VhatprisonerB?— The French prisoners of
war.
Did he name any of those persons who had
offered such insults to the people that human
nature could not overlook? — He named se-
veral, I cannot recollect all ; Mr. Pitt was one,
Mr. Dundas another, and Mr. Reeves.
And other persons?— 'Yes.
In the course of that evening did you return
to your home in company with Baxter ? — I
went part of the way home with Baxter.
Did he, in the course of your going home,
enlarge upon any of the subjects you had been
conversing about? — I unocrstood that the
purpose of their address to the army was, to
excite a jealousy between our troops and the .
French emigrants, which were forming into
regiments ; lie stated the means that Moore
hm used to get over some of the army ; that
he had told uiem that by their oath they were
to light for their king and country, but when
the king and country were at variance,
they had a right to fight on which side they
pleased.
Did he state to you any of the other argu-
ments that Moore had used with the army ?—
He recommended that I should mix with
them, treat them with beer, and enlarge upon
the severity of their usage and the smallness
of their pay ; but I must first sound their
principles, and if I found them aristocrats,
then I must not go on.
In tlie course of the evening, when this
conversation was had, was Hillier's pike pro-
duced ? — I do not recollect that it was.
Was it produced at any time when any of
those persons were present with you?--It
was produced aflcr tliat, at another meeting,
on the iCth of May.
Where was tliat mccling at ?— At Hillier's.
This is not a division meeting, but the
meeting of sonio few members ? — Yes.
Who were the persons present upon the
16tli ? — I believe J am wrung in point uf date;
it was on the 17 th of May.
Mr. Garrow, — The altorney-general sug-
gests to me, whethei it is possible that I
should go luto any examination respecting
facts which took place after Uie prisoner was
in custody ?
Lord Chief Baron iUrzcJunaR— When was
he taken up f
Mr Garrow.-^\\ the 13th of May.
Lord Chief Justice fyr^.—No^ I think it
would not be proper.
719]
35 GEORGE III.
Trial tf Thomat Hardy
t7«
Mr. Garram. — Then we do not wish to
examine as to any facts which have happened
bubse«]uent ; I have at present confined my
examination to facts prior to his being taken
into custody. Do you recollect the circum-
stance of Mr. Hardy's being appreiiended ? —
I do.
Had you any conversation with respect to
admission to the House of Commons? If
that was aAer Hardy was apprehended, I do
not inquire into it ? — It was after.
Do you remember a paper being distributed
with respect to the Ins and the Outs ? — I do.
Where was that distributed ? — At the
meeting at the Coach and Horses, in Hattoo-
garden.
Was that before Mr. Hardy was appre-
hended P— It was after the apprehension of
Mr. Hardy.
With respect to all these circumstances that
ypu collected from time to time, you commu-
nicated them to Mr. Wickham, the nragi»-
trate, and with his approbation attended these
meetings ?— I did.
And attended them for the express purpose
of giving tliis information f — I did. '
Edward GosUug cross- esuimined by Mr.
Erskiue.
What is vour christian name ? — Edward.
Edward Gosling ? — ^Ycs.
■ Are your father and mother living ? — Yes.
What are you by employment or trade .^—
At present I am employed by Mr. Wick ham.
I am not calling yon to an account for any
general employment, if you are un honest
man in the execution of it; do you mean
employed in this business ? — Yes, and in
writing too ; I was employed before this bu-
siness by Mr. Colquhoun, m writing.
What sort of writing? — Both in bis private
business and on his public business.
Mr. Colquhoun is an attorney, is he .>— No,
a magistrate in Worship-street.
When did you begin writing for him? —
About September last, but that was only oc-
casionally.
What way of life had you been in before
thai? — Before that I kept a broker's shop.
Were you a dealer in naval stores ; I am
not asking any question yon can object to ;
were you a dealer in naval stores ? — I never
in my life, upon my oath, to my knowlwlge,
bought a store that ever was the property of
his majesty, if that is what you mean.
Mr. Enkine.-^i should have no right to
ask that question. — I know the reason for
which it was put; and it is a question which,
if I was notconscious of my innocence, I had
IK) right to answer, but as I knew I could safely
do it, I thought it proper to answer.
Then, pcrnaps, you liave never said to any
body the direct contrary of what you are say-
ing now to me ?— I did say the direct con-
trary ; I was asked by Mr. Worship, when I
went to buy a iirint, what I was? aadwfaal
my address was r as 1 conceived he wodttaot
let me have the print if I told him I was with
a magistrate, I told him I dealt m nral
stores.
Did you never say to any body that yoa
dealt in naval stores, and that yon shouM
think no more of cheating the king than of
fillotineing him ?— Never to my knowledge;
will swear positively, I never mentioned
the word guillolineing the king.
Did you never say to any body, upon your
oath, that you lived by smuggling, and cheat-
ing the king in his stores ?— Never upon my
oath.
Have you always gone by the name of
Gosline?— I have not; and as means were
yesterday used to deter me from giving evi-
dence, I am willing to explain them, and am
willing to explain why I went by another
name ; as I find every advantage is wished to
be taken of me, I tnist the mercy of the Court
will not sufier any improper question to be
put to roe.
Lord Chief Justice Eyre. — As to any ques-
tion which lends to accuse you of any crime,
not immediately connected with this matter,
I will protect you ; but at the same time keep
your temper, attend to the question, and give
a direct answer.
Mr. Er thine. — ^I have treated yon witb ei-
^lity I am sure.— -Did you ever go by the
name of Douglas ? — I did
When did you first assume the name of
Dooglas.^-^I believe as muc^ as ten years
since.
How long did you continue the name of
Douglas ?
Gosling.^l would wish to relate thecir*
cumstances under which I took tl»t name.
Lord Chief Justice Eyrt^ — You had better
answer the question.
I carried on the business of a hair- dresser
in that name, for I believe pretty near seven
years.
Where did you reside ?— In Westminster.
Where in Westminster ?*-In Petty France,
No. 3.
When did you first come to live in Petty
France, No. 3, as a hair-dresser, by the name
of Douglas?— It is about ten years since; I
do not know that I could state exactly the
time ; I believe, it must be about the year
1784.
I am not very particiriar as to dates, I do not
want to be in any of your secrets, if there can
be any reason m the world for your not
choosing to answer me— Had you'any ijar-
tkntlar reason for changing yonr name r— I
will state my reason; my lather had a shop
of business in the city, his business was
chiefly in the wig and shaving ^^ay; (or im-
provement 1 wished to go to the west end of
the town. I went and worked with a nian,
whose name was Penton, in Bk>omsbiiry, for
improvement; it was, perhausy fiurn hhtr
pride I did not oboose-itto be kMw» tM F
was woAisft V # '
Jut High TreHion.
I of Douglas, I took it from a
have no objcctioti to a decent pridi;, yoo
look s vrn-potMi nuTTTf* \i Mrrjf^k yoii jti a
ftejf^tv a slmck
ID' um€, j.iul I iuul uu thought of
ru under tiiat tKvme<
i'my iiuw long did ytm play this p;tTt of
Douglas ? — I conrinued oe^r seven vcHr>* in
that name, and it was trom this circum-
stance
Do you know a Mr* Lincoln ? — I do, I did
not recollect liim, but 1 wish to state soni«
circnrastancc.
Please to answer my i\ iicstton find, do you
know Mr. Lincoln P,— I do.
Who is Mr. Liijcohi? — Mr Lincoln I im-
«lcf<.T:*nd Xn he something to Mr* Macnaraara;
he tents for him, 1 believe.
■>i ^Viy lime, — I am not asking you
BT [lat IS criminti1t*-^id you at any
Iji any money of htm ? — I did, antl
WIJi 5tal(r lliC circumi^lanccs if you please.
• How long airo is it that you borrowed
By cii 1 what sum ol lum ? — I am
do nul know liie particular
* *^ ** : 'irular time; I
'>.
,. u. .. . - u . . t ound, or gni*
. i do not know whicli.
rT*id vun ai\f' Inin :i liote for it P — Yes, in
111 IS part of which 1
<ud the remainder
r has ijcen since paid.
When did you pay part of it yourself? — i
the lime.
!r. Lincoln come into the London
by mer<i accident, where the
T tlie crown are, L beheve, pro-
1^ fit ft»r thera to have, and
id siid> how do J' on do Dou-
111 luc to ctpluiu, that that was
, that wuiildca»Ty atiirttTentcon-
,.. lu.. fniuicr in wliich it was
«ra first c.^nic him'^tf*
. .lh; he asked me ques*
m a 3tair>-case there w»th n
f r seen, waj!» not a place to
1 1 eiLplanation upon the subject.
pcakmj about Mr. Macnanmra,
ed when Mr Lincoln
cotTee-tiouse ?— ( wasi,
' I to mc, so I
it I said. I
' i >rc,and \
^\x were
) liui Kiiuw what you
ico he came in ?-*-l de-
L-utct Mr. Lincoln^ person,
: nei^rr teen him but odco er twice in
al^ou recollect what you ^aid to mc, not
llflul^* avo : ihiit Mr. Miicnrirruir;* had
\ %Xv j'l a
f
<^on I irdly knew what you said f
—I I ^ .y so.
lie sttid-ioyou, how do you do Douglas?— He
did not. When became tip, !ic a^ked nu? fim
what my name was ? I /j
said be, did you never g' r ?
did not you rent a house ul me .^ i :s
Macnanmra ; I said, this is not a | r
for <•■":' ^ : \' • ..,iiL ut hu-
man oa note to
Mr. ijur^.Mu, huru'- p.n I ,^ not pakK
and I only came out ol to you to
•nfnri*" * ^'"^ ..)...^ V .,i .i|.,>L,,i in evidence
thi^ . »ril.
\V4_1 .1,: ..^dght flirward? — ^This
not€ would be produced. 1 i<jld him I had
not the mont^y. 1 olfered Mr. Lincoln the
money afterwards.
Did you know where Mr. Lincoln lived in
the interval, between the time when you bor-
rowed the money from him and to the lime
you saw Mr. Macnamira and Mr Lincoln
at the London coffee-house? — I knew where
he lived at the lime i borrowed it ; I do not
know whether Mr Lincohi had moved ornot*
Had yuu seen him in the inten'al? — I paidt
part {^( I he money, and rny wife paid anothe
part of It. It was to he paid hy in<»lalments.
Let me ask aii I'vplanulion of sometliingli
which 1 confess i did not tmdcrstand ; howl
came you to say to Mr Worship that yotll
dealt in naval slone>?— Because 1 thon[;ht thaf]
wuuld preclude all inquiry; ficcause 1 did nolj
choose to give him my addresH ; ber^tuse 11
thought if he found 1 was with Mr Wick-i»|
ham, he would rellise then to let me hav
what 1 wanted.
Mr. Attorney GtnernL — Do you meatf I
Worship* the engpraver? — Yes; I saw he su
pected I was nut friendly to their cause,
Mr. £/J5Ai«t*.— Who H Mr Worship?— .4^1
secretary of a division of the Corresfmnding
Society.
Did you never make use of the expression*!
that I asked yon to before, that you cared no 1
mure ibr clieatms; the king than the exprcs^ j
5 ion I stated be to it ?— Never in my life.
I ask you, u[>ori your oath, whi'thcr manjf
of I hoc c\\»rrn^ionR, which you tiave beenj
stiitiiL 1, yon did not maKe u^^c of
yoiir^" iideavour to excite those pcoplc^l
to do the liuup thai you have been n?hiling
of them, and were ri^prinianded by tliem re«
pealed ly for it ? — Never.
Upon no one occasion ? — The only thing t i
( " ' ' "^ ic: that, on the 1 ue^lay^
11 of Hardy, I mentioned J
\Nii.jiii:ni j^K(Hsr,i ,u ilie division, in Compton-cl
street, relative to the committcfofemerj^eney,
and to know whether it was Ihcir intention to
do the same.
I ask you, upon your oath, whether yoti
were not ui the constant course of using irv-j
flammatory expression'^, vvlnch I will not r&.
peat, gomg from oiv > another usingj
iiitUunmatory cxpre* 1 ^< it« those peo*
l>le to say tu yuu tbii^gft which y^M wantefl
3 A
723] 95 GEORGE III.
them to say ? — I never wished, and do not to
my knowleacje know, that I ever used any one
expression of the kind ; in some respects I
may have appeared to have approved of their
proceeding with the view which was my sole
design. I aid not wish to lead Baxter on, nor did
I find fault wilh him, from this circumstance,
tliat as I had reason to believe, that arms were
secreted, and it was my wish to discover where
they were, that they might be found, and the
mischief prevented.
It was natural you should saj^ nothing if ^ou
went with a view of discovering that which
was dangerous to the public. — But I ask you,
whether you did not go about from place to
place usmg the most inflammatory expres-
sions?--I never did.
You say that positively ? — Yes.
- That you never did use inflammatory ex-
pressions of the sort that you have been men-
tioning ?— No.
Do 1 understand you to swear positively
then, that you never made use of any inflam-
matory expressions, when I put you in mind
of some of them now.— Why do not the so-
ciety learn the use of arms, it would be of
great use, there is nothing to be done without
arms ?— 1 never made use of such an expres-
sion ever.
Nor ever made use of any expression of
that nature, to excite any of the people at the
societies to believe you would do mischief of
any sort ? — No, never to my knowledge, I
never used any inflammatory expression, or
any means to excite them to disturbance, or
any means whatever.
Now go to your notes, and tell me what
days, and at what places you attended in the
prosecution of that which was extremely laud-
able, if it was honest, tlie times and the
places. — But before I trouble you with that,
do you know a Mrs. Coleman.^ — I do not.
Mr. Erskhte.—ljook across to the jury ? —
I do not know a Mrs. Coleman now.
Did you ever know a Mrs. Ck>leman? —
I did.
Had you any dealings of any sort with her f
— Certainly, she rent^ a shop of me.
lUd you no dealings of any other sortP I am
not faulting a question of any immoral na-
ture 'f — C'ertainly I had business, she rented a
shop of me.
lb thai all ? — She died at my house, and I
buried lior.
Did bhe leave any will ?— Yes.
Whom did she leave her property to ? — Uer
property was partly Icfl to one Burroughs, and
partly to one James Leech.
Who made the will ? — 1 wrote it.
Do you know Mrs. Biffin ? — I do not.
You were very ill used about that business,
in which you had done nothing but that
which was right?
Gosling.— iiow ill used ?
Mr.Erskint. — I mean you got into some dis-
pute and trouble about itf — ^None at all, I
was in no trouble about it.
t
Trial tfThomOt Hardy
C7»
There was no complaint made agaiost jm
of any sort?— There was no just cause of coo^
plaint.
I do not ask whether there was any just
cause of complaint, but was there any com*
plaint made against you by any body upon
the subject ? — I cannot say I recollect the
particular circumstances that might pasa^
there was a brother by a former husLand
who came up out of the country.
Do not understand me to be doing so im-
proper a thing as to be imputing anv crime
to you, and to ask vou to reveal it ; rar npom
it, I only ask whether any body was wicked
enough to make any complaint of your coq*
duct m that case ?— 1 do not know that there
was any complaint.
Will you swear thern was none — ^upon }[mir
oath, was there no complaint made againsi
you upon the subject of this will ? — I cannot
tell what complaiuts may have been made.
Upon your oath, was there not a complaint
made against you, to your knowledse> mr &•
bricating this will p — Never, that I know of.
Will you swear that ? — 1 will swear I never
heard any such thing.
Who was Mr. Leech? — A man who was
formerly an apprentice, and kept a shop
nearly opposite, who set up in .opposition to
me.
In what trade ?— In the same business of a
hair-dresser.
And that woman died at your house andkft
her property to him ?— I did not say she kA
her property to him.
I asked you to whom she lef\ her property f
—I told you to be divided equally between a
person ot the name of Burroughs, at Edmon*
ton, and a James Leech.
Was that James Leech ^our rival oppo*
site?— No.
Who was that James Leech to whom this
woman lefl this money ? — A son of my wife's.
Who was Burroughs, who was that otbcf
person? — A cousin of her's or some such
thing.
Wiiat connexion liad you with the woman I
—I had no connexion^ any farther than rei^
dering her every service in my power^ during
a long illncsS| in which I was at consideiabk
expense.
How lone had she lodged at your house ?-*
I cannot teU exactly.
A year ? — I cannot tell.
Will you swear that she lived sil moolhs
with you ? — I do not know the time.
Was it two months P^-It was longer \
that.
Three months ? — Longer than that
Four months ? — I cannot state to a i
Was the will made by an attorney F-^It «m
not.
By yourself?— Yes.
Am I to take you that you meaa to i
now, that no complaint was vom '
as having foi^ged that wUlf— I
the best of my knowledge or4
never liend mih a thing.
79S}
for High Treaum*
A. D- 1794.
[796
Will Tou swear positively, yoit never have
I charged wilti it ; a man that is charged
LtApital felony cannot tbrgcl it? — I do
collect that ever I was,
Gtxi ! Do you niean to swpar that
not rememher whether yoii were
I with a capital felony or col ? — I do
m that [ ever wa*.
Will you swear positively that no such
charge was brought agiiinst you^ — I can
swear no farther than, that to the best of my
knowledge, it never was.
Lord Chief Justice Eyre^^A rharge brought
when and where ? — it may be a fact withm
his knowledge, or it may not
Mr, Ertkine, — I am asking you whether
there was uot a complaint made, that you were
charged in your own presence with having
done ft ?^Never, to my knowledge.
Am 1 to understand that there was not a
rr»t"tJ liin rti'"^' in your presence against you
that will? — I do not rccoU
^1 .1 ^^''^ ^vc^ ditl.
if ill not you ^o the length of swearing that
^^ ody ever did do so ? — ^T can only speak to
'the best of my rccoliccLiou and knowledge.
Mr Gartifw. — I submit to your lordship
that is the only answer a witness can make to
cuch a question*
Lcmi Chief Justice Kyrf .-^There is no or^
caeion for your interrupting the examination ;
probaldy, it is an aii&iver; but he may he
pressed to see whether he can answer farther
orooL
Mr. Erthine.- — Whether any body ever
you with it in your presence? — I
recollect that any person ever did.
know a Mr. Cojc ? — Yes ; I know
I cheesemonger.
oog have you known hiua f — I can-
' nfKt exactly state how long I have dealt with
"ini.
Dealt wltti him in what f — In cheesemon-
r and butter, and things of that kind, and
It hams.
pr the use of your family? — Yes ; and to
khou^hl you were a hair dresser; what! do
^ ^ 1 in hams? — My wife kept a shop of
^ and I dressed hair.
you never had any ot^^^r tn»t i.r*Wii.
Mr. Cos, than thnr m
I a fair tradesman tl.- \^ him
I iH the ordinary course ol business f —
iyon swear that, i^oiitivcly ?— I do not
Ither any thing ebe ; it you name any
" I fit comes wiUun ray know •
It.
^rskt(ic.—i do not stand here to make
^ I Imsed hams of himi and in
[^reat holes filled up with
J liatm were of a bad quality , filled
noHar andftpnesf— "^^''^ ufliiein
Then Mr, Cox, the cheesemonger, seems i
have cheated you ? — Certainly ; he did not
use me well when I was ignurant in the busU i
ness.
Mr. Macnamara came in order to intimi'
date you from bein^ a witness here ?
Lord Chief JuHiice Et/re. — L*onsider whe-
ther it will be prudent to go into an examina^ i
Uon upon that; if Mr Macnamara has been
so imprudent as to go into a co6ee-house, and
talk to the witness, it would be at best an
incautious thin^ for a gentleman to go where
the crown witnesses are, to entrr into conver-
sation with them ; and, I think, it haii belter
not be done ; I hope no other gentlemsm wilt
do it.
ISIr. Enkine, — 1 am sure he did not.
Mr* f/tfrnm.— I J^hall examine tu it.
Mr. Ertkine. — You will examine to it when
I have done, I suppose ^
Am I to understand you to say, that you I
never dealt at all in stores, I do not mean to j
say dishones^tly or improperly ?
GiM/i«^.— What kind of stores?
Mr. Enkine. — Naval stores-* -ship stores?
---I have purchased old cordage, bad sacking,
and such Kind uf things ; hut those I do not
consider to come uuder the denomination of
naval stores.
What were the articles thai yon piirchased?
— What is commonly adled hand stulBng, ,
used for making of pujwr.
Hid von never say, 1 do not ask you whether
you did it^ because I have no right to do that,
but you never said thai you werij a dealer ia
raw materials; that the person you spukc to,
asked you to c.\plam it ; and whether in
am*wer*to that you iaid that you attended the
sale of his majesty*s stores at the dock-yiu^ds,
at Sheerness, and su on— that you were well
acquainted with the store- keepers, and that
you generally bought them at a fifth ot their- i
valne, by feeing the store* keepers to condemn
them?*-l never said Ihat-.-t will relate tu
you one circumstance upon which thiit is
taken: — I wished to get udbrmatiun respect-
ing them, and Mr. Colrpihoun would give mo
credit fur that; it was upon that very busmcss
I was taken into his employment to give mteJ- ^
licence respectmg that -l uudcrst«>od Iroiii ^
lllliier that he had a relation >^ »<^ .^^ *
quarter-master there, and 1 wished, «.h^"f^'j
his means, to obtain information tor Urn
service of i^^vcrnnient. ... i.*.-*,i*
Why you had a great deal upon your hand*]
-you^ay you U%\ hmv the same aMMr"
Worship; you did not tell Mr. Worship that ^
-J told hmi I wa. a dcHler in nav^l stores.
But did vou tell Ml. Worship that the way
^.^„. ,1 'T ■ »^ *.-.^- liH ^lore^kecpers taj
ra'. '^^^-^
uoiju lyoukv
iuiiowL uom^hi
no rnmo to ciit
Was it m th '^u^vitioni
that you bough I tiiai p^^'cr stutt ;i.iid ^^
7fT\ 35 GEORGE HI.
-—I never boughA aajT paper stufF belongtog to
bis majesty in my lite, upon my oath.
But I ask you, were you both a dealer ia
stores yourself honestly ; and were you em-
ployed as an inforoEierto prevent other people
Deing dishonest?— I never had, to my know-
ledge, any charge brought against nie for
dishonesty for it*— I obtained every infi*rma-
tion I could to prevent children and other
pmons, that might be tempted to puriuin
things — tlie information was nut given against
any person, but merely hints to prevent
pilfenng--uo person was accused upon that
mformationy nor did 1 receive any reward
lor it.
I do not comprehend you, explain to me
what was the reason why you told Uiiiier you
had been in the constant course of cheaUns
Sivernmcnt in that fashion?— -I did not tell
illier I had been in a constant course of
cheating the king ; he mentioned to ine his
having a relation a quarter-master at the
yards, and to whom he talked of sending
some of the resolutions; I thought that from
him, as it is the quarter- master that puts up
the stores, that I might obtain some informa-
tion relative to those stores.
Is that an answer to my question ? I asked
you why vou told Mr. Hillier you were in the
course of doing that which you have been
now stating. — I did not tell him I bad been in
the course of cheating the king at all.
Nor any thing to that effect?— I only told
him that I was a dealer in naval stores, nothing
ftrther.
Did you ever tell him that there were great
quantities of copper conveyed out of the ducks,
and the manner in which it is conveyed out ?
— ^Never, the manner in which it is conveyed
out.
Whether you did not tell him the copper
was conveyed out of the dock-^ards in butter-
firkins? — No; I have given information to
Mr. Colquhoun that copper has been sent
away, but that was not from the king*s stores ;
but supposed to be copper fraudulently con-
veyed awa^.
I am asking you, whether you did not tell
him you had been employed yourself in con-
veying away this copper r — I never told him
tliat I was employe<i ; I wished to eain what
information I could from him, and that was
the sole purpose.
Did you ever tell him that you were ac-
quainted with a woman who lived somewhere
about Tooley-street, and that there were
twelve hundred weight found upon her pre-
mises ? —I told him 1 had heard such a seizure
had been made, but I never saw the woman
in my life ; I had heard of it, and merely
related that I had heard tltat such a thing was
the fact.
Now I have nothing more to ask of you
•xcept the dates, which you will be to good as
to give me with great correctness; what was
the first tiiDO that you attended any of those
#ocieti8S ?--Ths 16th of April ; upoA the 14tby
Trial of Thomoi Hardy [ftS
I was «t a meeting at Chalk Farm; Ifaecame
a member on the 15th.
You never saw tbe prisoner at zny of thoie
meetings?— I should not know his powNi
again ; I do not know that I did.
What part of tbe meeting were you in at
Chalk Farm— were you in the room ?— No»
out in the grounds in tbe crowd.
On what day were yon at any division
meeting of the society ?— Chi the 15Ui of April
At what place ?— At tbe Hope, in North*
ampton-street.
What was the next time?— The Monday
following, 1 believe.
I wish you to be correct?— I do not know
that, I have not every paper with me.
But sudi papers as you have, that will
furnish me with dates, let me have tbern?-*
On Monday folkiwing, I was at Morris's, ia
Brick-lane.
What number of persons were there at Cfaat
time?-«-About twenty-five or twenty-six, I
suppose.
You dki not know their persons ? — I knew
the persons of some of them.
Be so good as to name them ? — Bennet and
Hillier; there were other persons, captain
Williams, I believe, was tliere, an American.
And about twenty-four or twenty-five per*
sons ; now what was the next night ? — On the
Tuesday following, I was at the hope.
Were Hillier and BenueU there ?—Hiliier
was there.
How many persons might be present there?
— About seven or eight and twenty.
I understand you to say the conversations,
you have been relating, were not accidental
ones, but that it was the general scope of the
conversation almost every night? — That night
at Morris's I did not hear any thing about
arming.
When did you hear about arming ? — ^The
22nd was the night when the delegate Wright
made that observation, and the answer was
given by Gordon, the secretary.
What was the next night upon which ^ou
heard any of those abominable expressions
which you have sworn to here ? — On the S9th
of April, there was a conversation about
arming.
On what night, and at what place was that
horrible expression made use of concerning
the king ?— That was not at a division, that
was at Hillier's house.
What was the dale of that ?— That was the
85th of April.
Who were present?— A man whose name
I was tokl was Hicksley (who introduced the
subject by saying he had received a letter
trom Sheffield), Hillier, Bennett, another per-
son, whose name I do not know, and another
man who appeared to be in liquor
Are you prepared to swear positively, that
you lieard those expressions which you have
sworn to?— I have already sworn them, and
they are true. '
And you stick to that ?— I do.
Where wei>e 3n>u upon the fl9lb ^— Al lli«
Wl»o were present at the Hope?— Tliere
w«fr two divisions met there that night. No.
1 J, and No. 6.
What mifnber were theie of each ? — ^I sup-
pose aljoiol forly or iiitv persons toother.
Were there any expressions about aranSog
t1 ^— There was a print proposed hj
W '^ engraver, and ^recomrootideKi to
\\ ..'..-. Ill* r ,11 \ iliing about airning forihe
po^e ot threalcDiisgthe king, «rr overltmi-
the goTemment? — No exf»reasiciiQf over-
ihe govenmieat ; but it waa reconii-
"to Ifaen to iearn the use uf ama.
fim was any paruouiar purpose slaled f-^l
do not reotjllect, that there was aoy ftfrttoular
INirpoae stated.
Al^nvhat time, besides the tW9 wni kav^
afioken of^ did you hear the cx^wicaaiofia timt
ftm tmve reiatpd ?^l have, at ditVetit timesy
of wliieli 1 bare not the dates, heard other
yiii|il fjifiking oHt, and approving of it.
Do you mean members uf the society ? —
Vc5,
u hat nteniber ? — ^Bicke, the ntne I sxw at
Ci>iik farm.
^'^ i«ai ia hu cfaiistian mmef — I d^ not
know.
What did Birka say to you ? — I do Dot re-
colkcl the particular convers^itioo, because 1
did nol minute the \vord£, therefore I will not
attempt to swear to the cooverfiation; 1 hke*
mm heard a man of the name of Kelly, and
likfwis^' T heard Eaion talk of arming*
I irmed association of *,ixiy people;
h' lor tliose wicked purposes yuu liave
k^tu laikiog of f^i heard Kelly say se^ after
the sffprcheiiaioo of Hardy.
Edmard GifUing re-examined by Mr. Garrow.
You said Worship produced an engraving
MlMieof the meetings; ca^ your eye upon
that paper ; is that one of the engravings he
fvodtmd [ahowing the w itness a coptier plate
print of ^e manutti exercise,] ? — I btlicvc this
to bo one uf them ; this was brought as a
rof; it wa% to t>e pubiiahed the next dav;
brought il to the society, that they might
ate it.
What have the aohlierm got upon their
^— tia aicatiooed, thai they were Sans
s I and the caps on their heada ware
ircd red.
b an en graving of the manual exercijej
of platoon firing? — Yes
Wheo you applied to him« leM ho should
Mispect you were connected with a magistrate,
ynu uAa inm you were a dealer in naval
?-l did.
1 allerwards^ in the rest of the cotivir^
, you kept up that rept eseniatm f— *
llam lonv h it ago stner yon gave a note to
^Xincom. Mr* Macnamam's Agent ^^-I
exactly state the lime ; about four er
Did you give it to Mr. Macnamara, or to
Mr. Lincoln ?— To Mr. Lincoln.
How mndi was tlie amouutl—- Tea poutkJs,
or ten guineas.
How much, at this moment b due upon
that note?— 1 believe three guincaa.'
Have you ever had any application irom
Mr. Maciamara, for the TTit>n<^^ till
attending this ocrurt, in v^
writ of suhpcena, and ant*
the rrown r — I never saw !\ir* .M^iiauiara"
mv life before yesterday, not to know him,
I need hardly ask you, whether ^u
had any personal appUcaCioa from itr. ft
namara, to pjiy this money ?— Never.
ILidyou haJ any application, upon his part,
till you were subpceniied as a wilue^t* ? — I did
not see him myaelf; I heard llr. Lincoln bad
called upon me.
ILow lon^ago ? — Three or four years ago.
Did Mr. Macnamara come to you ;ilonc ?«
I was sitting at dinner; a pcr&on cnnic, an
said, M>ine person came to speak to me ;
found Mr. Macoamara atoie.
He said he came ooi of humanity te yon f
—He said, that he was a man of property, an " "
hikJ a large estate in the country; tljai
was a frtetirl U* the king ai^i constil
thai he would see strict justice done;
came oDt ot humanity to tsie to let me 1
that this would be prodiiKed against me
court.
If whal?^ — He did ncrt say wliat,
Did^Mr, Maaiainara dcluai^ the mon
or desire you to pay it ? —He asked me, if'
remembered the circumstajtce ; I said it w^
an improper place to enter into an explana
tion ; I did not know Mr. iMacuamara's
son ; I told him, if he did ^ I must meet \t j
court.
>ou have been asked a vast number
questions, respecting Mrs, Coleman's wift
was there any suit mstituted to dtspate ttl
legality ot that will ? — None.
Was there any pro!«et:ution for that whic
is called Uie forgery of il ?— None •!
Wai there ever^ to your knowledge, any -^
complaint made azainst you, that there was
any thing foul in the transaction ?-*-Not that
I know of; the brother cane ^towni and ap»
peared perfectly satisfied.
Was It, upon your oalh, a fair, lionet 1
action, a^ far as you had any thing to do ^
it ; aye or no ?"-lt was.
[Il now being half past one o'ebck, on Fri*
ddy murningi the Court Hdjourncd to nine
o'clock.]
LHU Sp«
LtfaolW
to wii^H
Fridtf,
S€iH<m*lmim ta th§ Old BmiUjf,
QetohcriheSlU, 17M.
L^ff! ^ ^ •' * Tfjstice Eyre ; Lord CWef Btunm
M ; M r. Ba r o n 11 o iham ; Ml.
Ju.vi^- .>nllcr; Mr, Juftkc Grose ^ and
Q\hci$ his Mi^ty*» Jutiice«,dte.
731]
S5 GEORGE IIL
Trioi of ThonkH Hard^
[759
Thm*m Hardif set to the bar.
Mr. Attorney GentraL — Yaur lordship wiH
recollect that Mr. Gosling, last night» spoke
0( ft conversation, in Newgale, at which f)cr-
sons of the Dames of Rousscl and Hillier were
nresenl. We are now going to prove, that
Koussel was a member of tne Ixjndon Cor-
responding Society, with a view to prcduce
some papers found upon him.
Mr. John Curndi called*
Did you find that paper ?-*Yes j I found it
at Mr. Hardy's house.
pt was read.]
« 12a July, iin,
'* Division 37, Number 47, Mr, lioussel. No.
4, Shepherd-street, New Bond-strcet/'
IMr, Btrnard Bailey^ sworn. — Examined by
Mr- Attorney General.
Look at that book [showing the witness a
f^mphlct, intituled," Explanation of an En*
fravmg of the Manual Exercise and Platoon
iring;"] has that your band-wxiling upon
it?— Ulm».
Where did you Bnd that ?<— I Ibund it in
Mr. Uoussers apartment*
Look at that song [showing it to the wit-
nessX — This has my hand-writing on it ; I
found this in Mr, Rousscl's apartment.
Where was llaussel's apartment T— In
George- street, Bl^ick- friars ,- Itoubsel was
present at the time.
Mr. Bernard Bailey, cross-examined by Mr.
Gibbs,
Who was with you, when you found tiiese
papers ?— .Tolui Coomber, an officer.
Who desired you lo go?— Mr. Wickham, a
tua^istrate.
VVhen did you fiud ihem ?— < In the 19lh of
May.
Mr, Gibh$,'—l submit to your lordship,
that, according lc» the nilc laid down yester-
day, the song is nut evidence^ beujg' found
«rfer Mr, Uardy was taken up.
Lord Chief Justice Eyre, I wish it had
been observed before.
Mr. Gifc^*.— 1 wish it had ; but I did not
kaow it till 1 came to the cross-examination
of the witness.
[The Court ordered the song to be struck
out of the evidence.]
Mr- Attorney General, — I submit to your
lordship, tlmi the book must be evidence;
because tlie book, your lordship sees, is an
explanation of the enuraved plate, which has
been produced, and wnich was found before
the pnsoner wa« in custody.
Mr. GibOs.^llaw do I know tlmt this was
not printed ai\cr the apprchcnsiuQ of Mr.
Harffy ?
Lord Chief Justice £yrc.— The other was
found before; tlie material objection is, xhM
this may have been printed afterwards;
was found aftersvards, and there is no evidenc
of its existence before ; therefore it must
rejected, unless you are prepared to show, l
the printing existed before.
hii. Attorney General. — ^The papers I am noi
going to produce were found, one in the cut
tody of Mr.Martin,thc otherof Mr.Tbelwallj
they were found in thcu* custody certainl|
afW the prisoner was apprehended, biLt the
bear date in April, 1794 ; and they appw
upon the lace of them, to have been prepare
for the Chalk Farm meeting.
Mr. Gi66*.— I only wish to liave your lo
ship's opinion ; I do not mean to take up \
time of the Court ; it seems to me, that the
is certainly the same objection to this
as to those which were offered before,"
whatever date thev may be, unless they <
prove, either that iliey were in the poa
of the prisoner, or of some member of th
London Corresponding Society, before he 1
apprehended, or that he put that date
them; the circumstance and bearing of th
date certainly is not evidence.
Mr. Attorney General. — ^Supposing lh#*;oh
jection to be well founded, which I do nO
admit, I believe I can prove, that the pap
had an actual existence in the month of Ap
1791.
Mr. Gi56«.— Prove they existed to the ]
session of some member of the London 1
reipondlng Society.
Mr. Attorney GeneraL^l will prove, tbi
they existed iu the possession of Mr, Martiiu^
Mr, John Grovei sworn. — Examined by Mr,
Law,
Were you present at the Globe- tavern Jo
the Strand, on the 20th of January, 1794 ?— ^
I was.
At a general meeting of the Londoo Co
responding Society P — It was.
Were you a member of that society f-^w-NOi
not at that time.
When did you become a member of that
society ?— Very early in the month of Fe-
bruary.
Did you make any observations of the |
ceedings which took place on the 90^
January, 1794?— Yes,
What was your Inducement to baoome
member of that society?— I was dedrcd
to do.
You became a member for the pur|i>0(ie
discovering their proceedings ? — I was T
by a particular gentleman to go tlier« for 1
purpose, whose name I will meotioii| if ydO
choose it.
There is no occasion for n :: Um*
name*; relate as well as you « ^»ed
on the 20th of V "
tavern f — Thrj 1 1
* I. wi iHi . A HI- li VT- I
met »§uo.
]
7M]
Jbf High Tftaton.
Do jOKi rocolkct any particular toast that
Mif^ drauk upon tlial occasion^— 1 da nut
recollect any particular toast now, but a great
nmober were ri'ad» and hy the \m\ct thai
^^^ f rmled I fthuuld be able to refresh my
|Kliorv,
^^j ou liave no paper that you liad at the
time ?— r have nunc
{ any convcr^tioo held by
L rs of that society at that
jLii the Jaiiguajf' '" f" ':e-
was universal :j<1
^,-_uls; they were u.. I *v. li^t
P
mcroi thi
AODUal \
purpose,
\V.iH It mentioned in that society by what
mt objecbi were to be obtained ? —
Nuv .; I heard nothing thai day about
tlie fiieaut»*
Did you hear at any subsequent meeting
any conversation with any member of the
Corresponding Society by what means that
obj ^ bcobtamed?— I always undcr-
iXt < y were to be obtamed
.\ — Wc (\q not nmid wlial you
ilvs I >tood; relate what any body iiaid,
Ail. x.a.i . — What was pubhcly professed in
toy of the mex7 tings of lliat MMriety to be Uie
object and the means ? — By enUghlenine the
mmds of the lower orders of the people, to
Mvt ihi ni opportunities of inslrucUon, that
l&r ^ now what the natural freedom of
|B 1 - was.
Did tliey say how they vvere lo carry into
eScct that purpose r — By the distribution of
oerUiiu papers calculated for their unilerstand-
ings.
^r 6'J^^i.— -Does your lordship think that
tbiK ^ort n| examination ought lo go on wilh-
oul ing the name of aivy person from
wli iiC? it is^ your lordship jsees, ul-
lei ' ibr us lu have ;in upportunily
0^ > iiis kind of evidence.
1^-rM V ^,,v. ..w^iicc £yre.— If he knows who
the persons were who mentioned these parti-
gjplarft he is now atating, he ought to give
■■■Bir Dame? ; if he doe^ nut kt^ow thr names
IVllir \u'\ ^orjs. hr should State it a,s being said
' fcj I society,
yon recollect any conversa-
liott bvid bv persons whom you reeoMect to have
b^n memWrs of the London Co i ri> ponding
Society res juic ting the means by which these
objects were lo \w obtained ? — I cannot recoU
Wt :, !>on; bull ma) vtnlure
Iq il voice «*f tlie soi:icty.
X»ni vuu rteui miv i fling publicly expressed
io tiie S43cicly about arms ? — No, never.
Were you present at any lecture of Mr.
I1m1w%U's]*--*1 have two or three times been
What was the sort of exhortation, the ob-
Jtrt ijf tliusi! It-LturLS?--Tljdl IS a UlHltCr of
Vj diogivoroy
1 It opnnun of their gc-
'hat WA^ the substance
It , tt general libuae gf admims-
A, D. 1794. [73*
Did he speak of the brandies of Uic legis- \
lature ?— Certainly, in their respective capa-
cities.
In what manner did he repteseni them 2
—In every way that was truly ridicultxis.
In what manner did he speak of his ma-
jesty ? — In terms of contempt.
Lord Chief Justice J^vre. — What were those I
terms of contempt f-^lhave heard hira make'i
use of the word Solomon-
Did you ever hear hira speak of the House*]
of l^rds and speak of the utility or inutility
of that branch of legislature ?"-! have '
What did he say about the House of JjordsP
— lie said that it was an aristocratic branch ,
that swallowed up almost every other func-
tion of the government.
Did he recommend the abolition of any of
those parts ? — A new fnodeUatwn he recotnf^l
mended.
I n what manner did he recommend them
to be new modelled?- --By tlic general 9ens«
Cff the country.
How to be taken ?— By annual parliaments 3
and universal suffrage.
Did he recommend any parlicular means ofl
obtaining those annual pariiunientsf-^If I J
understood him right, his meaning wa^
Did you ever hear liim mi:ntion a conven
tion ?— Yes, by calling together the whoi
body of the people.
Did he recommend that measure? — Hi
certainly did.
He recommended a convention for the pui
pose oi new modelling the government a
obtaining annual paruameuts and univcri
suffrage ? — Yes,
Weie you present at Chalk Farm ? — I wi
On what day were you there ? — If 1 recoi^
lect right, the i4th of April.
Was there a very large assembly of person!
there ^ — ^Thcre was a very large assembly
^>ersons there.
Do you know the persons of any present
---I do now knoWi I was not then su^cientl;
acQuainted to describe them^but smcc I ha
had means of knowledge.
Do you know tlic prisoner ?-*- Yes.
Was he among the persons present? — \\m
was.
Who was in the chair? — I believe a mi
of the name of Lovctl.
What passed at that mcetiueF — ^Thcre wa»
a letter read Irom n society called ihe Fnenda
of tlie People* whi'^h letter eontained
Lord I'hicf Justice E\^rc, — No matter^ y
must not state the contents of the letter.
Mr. Law, — Stale any convetsatioii aii
transactions at that meeting which you
i^ollect by any pcrsoni whom you have mm
known to be members of the London Corn
ponding Sotieiy ; what was proposed to
done tlierc?— The proposal wa% tiiat tlierc
should be an addrc^.
Have you no other rc^coUection of «h.il you
heard read or spoken? — IJ I may be allowed
tu look at a paptu I h^vt: iu my pocket,
is GBOEGi: III.
Lord Chief Justice Eyre — If he can speak
ta any pftrticulaTs thai happened tht^re beyond
the address, and what is contained in the Sid-
drsss^ to be sure it will be proper to examine
him to it ; I believe the addre«>3 is in evidence-
Mr. Attorney General, — It hn^ not yet
been read, but I aio going to read it.
Mn JL«w.-*-Were any printed papers deh-
^cred at that meeting i'-*-There were.
Have you any of them ? — I have, [pruducee
a copy.]
[It was T^idJl
* At 9 General Meeting ofifte London Ct»rre»-
« pcnidiag Society, held on tk& Gfcen, at
^ bbalk Farm, on Mmtday the 141 A of A fir it ^
** 1794, J. Lovr.TT in ike Chair ^ ih^Jhikw*
** Wg Lett^r^ were read :
** To the Chairman of the Socieft^ of the TvitmU
oJtliQ Feopie,
'* Sir ; — At a crisis ao important as the pre-
sent there needs no apobajyon tike part af the
* Lomden Cerre$i\(mdin^ Soviet y^^ for adttres*^-
ing itself tt> all other associated sorintius^ wfio
have in view the same object as Ilietii^eK'es,
« To the * SocUU/ of the FrientU of the
* Fe0pU,* argumentiare not wanting to sh^w
tiie import^ice and absolute necessity of a
iyi and fair representjOion of tlie people of
Great Britain. They have investigated ilie
fliAject for themselves; they have exposed to
the world a series of plain and indieputable
fads, %vhich mti&t excite in the mind of every
man well disposed to hw country, apprehen-
sioQs of alarm for the security ot the few re-
maining vestiges of liberty, from which, as
Brttons wc derive consoiation,
" Deeply impressed with ronsidenitions vf
this nature, tlu: T nnduti rorretpunding Society
eamevi me, Ihecomrurrcnce
anda^- \f/ of (hr Fncftd% iff
the Pcoj^U, in j^sbcnibUn^, .i- -i"'«".hfyas the
Dttlyreof the HuMTie«s will i ' mt, j, Conven-
tion of the V " , i,j|. the pur-
poaeofobti constitution;!!
method, a tuii ji;ii < ii n,
" Our request i-s uv[ , res-
d' >» on the value and iniportancr of
tiiu ^.j-.-, iuT which wc ar« contending, and
of the dithctdlies we may expott from ihu.se
whose present iutcrest* rcniltr tbcin hostile
to the welfaru ot their couutry.
** The opp<*:^itiiin of such [terwon* \% no
aioall ari^ument for the goodness ul our cuu^ ;
and tlieir laic conduit when ti>mparrd with
llheir formcj* [trolcshifms, exhibits a depravity,
impatalleled, wc tru^t, oo iju* pH*»»**f h(-t'*rv,
* Under IhP.i
we have lately i
ro;«i '
/i.i.;ijiii/ 4IJJM jti in t fiin »/ ;i ->M inf Mfn^
pened by uncoustttutionarpwer^f and d
w% sxized.
Wc have »cea lomeof our mi^t
Trmi of Thonva Hardt^
l^rethren, whoso only crime ha^ been anuiiv
tatbn of Mr. Prrr aiwi hi** "■^-'^i'^'r*, ««ii.
fenced to fourteen years Irai n, witiK
out the sanction of law or evv:. ^ . , iLcedenl,
of which number, one wa^ held up la |||e
British parliament as conptrleci and drndttmrni^
before he was even put upon hi» trial.
** The insidious attempts also to introdiicc
foreign troops into this counlr}, Mic
consent of parliament, apd the j : lmII
to embody foreigners into his muicsiy s *er*
vice, are measures sutijeieullv ralmhted M
awaken our fears for the cjcim ihe
name of hberty. Nor can at
part of the present system or rorruouoii,
which maintams out of the public ptunoir, %
traiu of spiesj more dangerous to ^' --t" ^^j^
so many assassins, whose avowcti is
to destroy Uic frieods of the coui^..;. . . ..^ by
one.
" These are grievances which drni md im*
mediate redress, and when add <^e
evils which are necessarily coim nh
every partial representation of the peoide» cai}
ibr the strenuous exertions of every lover of
his country.
** But we are told that the pre^nt b ool
the time lor reform, and that inn* ;iy
introduce disturbance. Are tho?-' if>
judge of the proper time to make ■ m
exi»*i only by corruption? Arethi if
Britain to endure every thin;; wimum re*
pining, without ardently seeking; a radical
reform, because disturbances may happen?
Have tlie enemies to relbrm loJd ue wheoov
these dibturbauces are to ori'»in-.*«*' ' ?T.i* «
single overt act been com mi U is
to freedom? Have not all ti le
public disturbanccA, alt the seditious asftein*
blies been excited by the enemies tr> rrfbmif
And do they mean to tell us lb ill
litill find other instnunents fort: i-d
designs; that they have yet tho 11
act over n^in the outmges th.ii ti
f»erf ne parts of Brilaiii,;incl at-
tcnr
*' it ^iii'ji IS lue detern '^ ~ r.i-- - ,,^
sons hmtile to a fair rc] rxi
hiok to ihr. comcqiientei^ Imh 1 it
that it lias hap|K?ncd* anil m i,
ttiat ii.Mv-. wtn, kindled the ..*.._> „jv#
pen Ain.
'* < J Is to rrf&rm are frt» Uil^ to nrate^
their prmti|)les can be y^' "y
pcftceabie n^rans, thf^y know w>
tliod of obtaining rl But
ihcy will not be ' itf ol
Tt^nttl dp ' ^' -
O^MM- tb< U
I 'J c\iIl. 'I titj ^vlil ['. ^imuf
rlicv have betrun, . lejibcr
TS7]
fwr High TreatoM.
A. D. 119*. V
L78»
llBok widi confidence to the deierminalkm^ and
thej hope to the co-operation of the * Society of
* the Friends of the People,* in the attainment
of an object which involves the dearest inte-
lests of society.
** Convinced also that their intentions are
of the purest kind, they will never stoop to
answer the calumnies of their enemies; but
will at all times^ and in all circumstances, en-
devour, by firmness and perseverance, to
deserve the countenance and approbation of
the best friends of their coiuitry, the friends of
« Jkir Representutiou of the People of Great
Britoin, — I am, sir, for the London Corres-
fionding Socie tv, TIIO^^IAS IIAllUY, Sec.
« April 4, 1794."
« COMMITTEE AOOM,
« Frith-street, Jprilit, 1794.
•* Sir ;— Your letter of the 4th instant, ad-
dressed to Mr. SuLKrDAN, chairman of the
FRIENDS OF THE PEOPLE, was laid be-
foK that SOCIETY at their meeting on Sa-
tuiday last; and they instructed their com-
mittee to thank the LONDON COllRES-
PONDING SOCIETY for their communica-
tioDy and to express the alarm they feci in
common with every Friend of liberty, at the
late extraordinary pniccedings of Government,
fo ably detailed, and so justly reprobated by
your Society. They assure you that all the
flriendsof Refcrm, may * look with confidence
'to the determination and co-operation' of
this society in every peaceable and constitu-
tional measure, whicn shall appear to them
calculated to promote the object of their in-
stitution; but they do not think tliat which
is recommended in your letter, is hkely to
serve its professed purpose. They fear it will
fiimish the Enemies of Reform with the means
of calumniating its advocates, and so far from
forwarding the cause, will deter many from
countenancing that whidi they approve. For
these reasons, the Friends of the People must
dacUiie to send Delegates to the convention
proposed by the Lomlon Corresponding So^
cietj: — at the same time they renew their
mufances of good will, and desire of preserv-
ing a proper understanding and cordiality
among all the Friends of Parliamentary Re-
iorm, notwithstanding any difference of opi-
nion that may occur as to the best method
of accomplishmg it. — In the name, and by
order, of tne committee,
(Signed) •* W. BKETTON, chairman."
*To Mr. T. Hardy, Secretary' to
the London Corresponding So-
ciety."
Mr. Law, — Was that letter from the Friends
of the People read there ?— It was.
How was it received ? — With universal
aleiKe^ I believe ; I do not recollect any ap-
^fwhatiODofit.
•Hd you recollect any marks of the con-
'* — Y«^ there was boroe few fell a
XXIV.
"Thefollowmg RESOLUTIONS were thea
passed Unanimously :
« Resolved Unanimously, — 1. That this so-'
ciety have beheld with rising indignation^^
proportioned to the enormity of the evil, t^e
late rapid advances of des[)otism in Britain; the
invasion of public security, the contempt of
popular opimon, and the violation of all tnose
provisionsofthe Constitution intended to pro-
tect the People against the encroachments of
Power and JPrerogative .
** 2. That our abhorrence and detestation
have been particularly called forth by the later
arbitrary and flagitious proceedings of thef
Court of Justiciary in Scotland, where all the
doctrines and practices of the Star Chamber^
in the times of Charles the 1st, have bee|i
revived and aggravated ; and where sentences
have been pronounced fn open violation of
all law and justice, which must strike deepr
into the heart of every man, the melancholy
conviction tliat Britons are ko longer free.
** 3. That the whole proceedings of the late
British Convention of the People at Edin-
bursh, arc such as claim our approbation and
applause.
** 4. That the conduct of eitizens Margarot
and GciiiiALD in }>articular. by its strict con-
formity with our wishes ana instructions, and
the ability, firmness, and disinterested pa-
triotism which it so eminently displayed, has
inspired an enthusiasm of Zeal and Attach-'
mcnt which no time can obliterate, and no
persecution remove; and that we will pre-
serve their names engraven on our hearts till
we have an opportunity to redress their
wrongs.
^ 5. That any attempt fo violate those yet
remaining laws, which were intended for the
security of Enelishmcn against the Tyranny
of Courts and Ministers, and the Corruption of
dependent Judges, by vesting in such Judges a
legislative or arbitrary power (such as has
lately been exercised by the Court of Justi-
ciary in Scotland) ought to be considered as
dissolving entirely the social compact betweetl
the Enghsh nation and their Governors ; and
driving them to an immediate appeal to that
incontrovertible maxim of eternal justice, that
the safety of the people is the suprlme, and in
cases of necessity, the only hw.
*' 6. That the arming and disciplining in
this country, either with or without the con-
sent of parliament, anv bands of emigranti
and foreigners, driven from their own country
for their known attachment to an infamous
DESPoi ISM, is an outrageous attempt to orer"
awe and intimidate tlic free spirit of Britons ;
to subjugate them to an army of mercenary
ciit-tliroats, whose viewi and interest must of
necessity be in direct opposition to those of
the Nation, and that no pretence whatever
orcHT to induce the people to submit to so
unconstitutional a measure.
" C. That the unconstitutional project of
raising money and troops by forced bcp*— *-
3 h
739] ^5 GEORGE III.
Icnccs (md no benevolences collected upon
re<|uisilion fronv the king or his ministers can
ever in reality be voluntary) and the equally
unjustifiable measure of arming one part of
the people against the oUier, brought Charles
the first to the block, and drove James tlie
second and his posterity from the throne;
and that consequently ministers in advising
such measures, ought to consider whether
they arc not guilty of high treason.
■ " ». That this society have beheld with
considerable pleasure the consistent respect
which the House of Lords displayed for tlieir
own constitutional rules and orders, on the
4th <if the present month, upon the motion of
Earl Stanhope, concerning the interference of
ministers in Uie internal government of
Trance ; and that it is the firm conviction of
this society*, that this circumstance when pro-
perly detailed, will hffro a considerable effect
m convincing the country at large, of the
true dignity and utility of that branch of HIS
majiSty's parliament.
'* 9. That the thanks of this meeting be
given to Earl Stakiioim', for his manl^ and
]iatriotic conduct during the present session of
parliament ; a conduct which (unsupported as
It has been in the senate, of which ue is so
truly honourable a member) has, together
with the timely interference of certain spirited
and patriotic associations, been nevertheless
already productive of the salutary effect of
chasing the Hessian and Hanoverian Merce-
naries fi-om our coasts; who, but for these
exertions, might have been marched perhaps,
ere tliis, into the very heart of the country,
together with others of their countrymen, to
have ])Coplcd the barracks, which every
where insult the eyes of Britons.
'* 10. That it is the firm conviction of thi&
society, that a steady perseverance in the
t»amc bold and energetic sentiments, which
have lately been avowed by the Friends of
Freedom, cannot fall of crowning with ulti-
mate triumph, the virtuous cause in which
we are engaged ; since whatever may be the
interested opinion of hereditary senators, or
packed majorities of pretended representatives.
Truth and IVibcrly, in an age soen lighlene<l as
the present, must be luviucible and Omnipo-
tent."
" This Societi/ having already addressed M.
^largarot, thc'ir Delegate, an ADDRESS' to
JOSEPH GKRRALD uaa read as follows,
and carried unanimously,
" To JOSEPH GKRRALD, a prisoner sen-
tenced by the High Court of Justiciary of
Scotland, to Transportation beyond the
Srasfor FOURTEKN YEARS ^.
" We behold in you our beloved and re-
spected friend rfnd fellow-citizen, a Martyr to
tlie G lorious Cause of Equal Representation,and
we cannot permit you to leave this degraded
country without expressing the infinite obli-
gatious the people at large, and wc in parti-
Trial iif Thomas Hardy
[IhS
cular, owe to you^for your very spirited utt^
tions in that cause upon every occasion ; bui
upon none more conspicuously, than during
the sitting, of the British Cokventiom of the-
PEOPLE at Edmburgh, and the consequent
proceeding (we tcill not call it trial) at the bar
of the Court of Justiciary.
<< We know not which roost deserves our
admiration, the splendid talents with which'
you are so eminently distinguished, the eulV
ed virtues by which they have been directed,
the perseverance and undaunted firmness
which you so nobly displayed in resisting the
wrongs of your insulted and oppressed coun-
try, or your present manly and philosophical
suffering under an arbitrary, ana till of late
unprecedented sentence: a sentence one of
the most j^indictive and cruel that has
been pronolinced since tlie days of that most
infamous and ever-to-be- detested Court of
Star-Chamber, the enormous tyranny of
which cost the first Charles his head.
" To you and your associates we feel cn^
selves most deeply indfcbted. For us it is that
you arc suffering the sentence of transporta^
tion with felons, the vilest outca!>ts of 8p»
ciety ! For us it is that you are doomed to the
inhospitable shores of New Holland ; where,
however, we doubt not vou will experience
considerable alleviation by the remembrance
of that VIRTUOUS roNDrcT for which it is im-
posed on you, and by the sincere regard and
esteem of your fellow citizens.
*' The equal laws of tliis country have^ for*
ages past, t)een the boast of its inhabitants ;
but whither are they now fled? We are
animated by the same sentiments, are daily
repeating the same words, and committing
the same actions for which you are thus in-
famously sentenced ; and we will repeat and
commit them until we have obtained redress ;
yet wc are unpunished ! either therefore the
law is unjust towards you in infiictins Pm-
nishtftent on the exertions of Virtue and laUmti^
or it ought not to deprive us of our short in
the ouiRY of the Marti/rdom.
** We again, therefore, pledge ourselves to
you and to our country, never to cease dt«
mandinL; our rights from those who hsLvm
usurped thorn, until having obtained an Equal
Representation of the People, we shall be
enabled to hail you once more with triumph
to your native country. We wish yoo
Health and Happiness; and be assured 'w«
never, McrtT sliall forgci your Name, your Vw
tues, nor your Great Example.
" The London Corresponding Society.
« JOHN LOVETT, Chairman.
« THOMAS HARDY, Secretary.
" The 14th of April, 1794."
** It was also unanimously resolved^
" That the Committee of Correspondence
be directed to convey the approbation of tlus
society — 1. To Archibald Hamilton Rowao,
prisoner in the Newgate of the ci^ of Dub*.
741]
for High I^easonl
A. D. 179*.
[742
liny for his tmahaken attachment to the peo-
flBf and for his spirited assertion of tneir
nghts.
« 8. To John Philpot Curran for his admi-
mble and energetic defence of A. H. Rowan,
and the principles of liberty, as well as for his
patriotic conduct in parliament.
** S. To the society of United Irishmen in
Dublin, and to exhort them to persevere in
their exertions to obtain justice for the people
of Ireland.
** 4. To Skirving, Palmer, and Muir, suf-
fering the same iniquitous sentences, and in
the same cause witli our delegates.
■" To John Clarke and Alexander Reid, for
their so readily and disinterestedly giving bail
for our delegates, instigated thereto solely by
their attachment to liberty, uninfluenced by
any personal consideration.
" 6. To Adam Gillies, Malcolm Laing, and
James Gibson, for their able assistance given
to Joseph Gerrald, at the bar of the high
Court of Justiciary at Edinburgh.
** T. To felicitate Thomas Walker, of Man-
chester, and the people at large on the event
of his, as well as several other late trials, and
on the developcment of the infamy of a sys-
tem of spies and informers.
** 8. lo sir Joseph Mawljey, for his manly
eonduct at the late surreptitious meeting held
It Epsom in Surrey.
" It was also unanimously Resolved,— That
two hundred thousand copies of the Prooecd-
io(^ aod Resolutions of this meeting be printed
and published.
"J. LOVEIT, Chairman.
" T. HARDY, Secretary.
** Resolved, — ^That the thanks of this meet-
ing! be given to the Ohnirman, for his manly
93M impartial conduct this day.
" T. HAUDV, Secretary/'
Mr. Itnt. With whom did you go to this
meeting?— I went from a place in Store-street,
Tottenham-court- road, a good pait of the way
with Mr. Thelwall.
How came you to know that the meeting
wis.to be held at Chalk Farm ? Had you any
reason lo expect it to be held at any other
plaeef — I had reason at f>rst to believe it
would be held in Store-street.
Was the change of )>lace intimated to
you ? — Not till after I got to Store-street.
Who told you it was to be at Chalk Farm ?
—Thelwall.
Did he tell you why it was given out to be
held in Store-street? — If I recollect right, he
tM me the reason given out of its bcinj^ to be
held in Store-street was, an imagination of
the magistracy interfering to prevent the
ftoedng.
Were there any written or printed papers
g^g notice at Store-street, informing per-
MQt the meeting would be held at Chalk
fcmf— Yes^ a written notice of it put upon
Who proposed Mr. Lovett's being put in
the chair?— 1- cannot say.
Who were the principal persons who spoke
and acted in that meeting? — Mr. Lovett, Mr.
Richler, Mr. Thelwall, Mr. Hodson.
Did Mr. Thelwall make a speech at that
meeting ?— ^Two or three.
Do you recollect any thing particular in
cither of those speeches respecting spies or
informers? — ^There was a clamour went round
that there were spies and informers thereof
Mr. Thelwall was for admitting all spies and
informers there, because the number of the
members of the London Corresponding So-
ciet;^, could be no agreeable news to the
minister.
Who read the resolutions?— I think Mr.
Richter.
Do you remember any objection being
made to the words ^ a British Senate,' in one
of those resolutions? — I think there was.
By whom was that objection made?— I
cannot tell.
Do you recollect Mr. Thelwall saying any
thing upon that subiectf — As far as my be-
lief goes, I can say, out no farther.
Atler that meetme was over, where did you
adjourn to ; where did you spend your even-
ing; do you recollect any thing particular
that Mr. Hardy said or did at that meeting f
— ^I only recollect Mr. Hardy speakinz three
words : Mr. Richter was readine, ana in the
midst of his reading he stopt snort to make
some observations of his own ; Mr. Hardy,
who stood below, said, looking up to him,
* read. Sir, without comment'; that was all he
said, and that is the whole I recollect of Mr.
Hardy's saying any thing at all.
Lord Chief Justice JL^yrc— What was Richter
reading at that timeP — ^The paper that has
been just read.
Lord Chief Justice Eyre. — Which of those
papers ? — ^The address of the London Corres-
ponding Society.
Lord Chief Justice Eyre. — ^The cencral
address; the address to Margarot; or, Uic ap-
probation of Hamilton Rowan, and the restf
—•I mean the general address.
Mr. Law, — Do you remember any mention
of a future meeting to be held of the society ?
— ^There was a talk of a meeting to be called
again soon.
Do you recollect who mentioned that ? —
No.
After the business of the day was over,
where did you adjourn to for supper? — I v;ent
to the division room in Compton- street.
Were suppers provided at other divisions ?
— ^I do not know, I never went to any but my
own division.
Who >fras chairman ? — Mr. Thelwall.
Do you recollect any remarkable language
used by Thelwall during supper, or in the
course of that evening? — I heard soroetiiing
which very much astonished me.
What was it? — Thelwall said, taking up a
pot of portei in hit band, whuh had Um^ -'-
US] 35 GEORGE UL
Uvcred him bv some waiter or somebodvy lie
Blew off tlie head of the porter, and said this
is the wav I would have all kings served, or
this is toe way J would serve ail JlungSy I
know not which.
But one or other of those expressions you
are certain to ? — One or other I am certain of.
Was there any particuhur toast given? —
Yes.
What was that toast ?— The lantern, at the
end of Parliament-street
The lamp-iron? — Yes, I beg pardon, the
lamp-iron, at the end of Parliament-street.
Did he call upon any body else for another
toast ? — He called upon somebody to cover it.
What was it covered with? — Somebody,
whom I know not, in the further end of the
room, cried out, the Treasury-bench.
Were those toasts drank by the persons
then assembled ? — ^They were.
And the persons assembled consisted of
members of that division of the Corresponding
Society ? — Yes, I should believe tliat no visi-
tor was there that night.
Do you know a person of the name of
Green ? — Yes.
• Is he a member of the Corresponding So-
ciety ?--Yes, he was at that time.
What conversation had you with him at the
time he was a member of the Corresponding
Society, respecting universal suffrage, and an-
nual parliaments ?-— That was not m the divi-
sion ruom.
What did he say respecting the general ob-
ject of their plan, what they aimed at attain-
mg?— lie once said to me that annual par-
liaments and universal suffrage were only
ladders to obtain their ends, or words to that
sA'ect
Was he of the same division with yourself?
—He was.
Where was it ? — In a place called the cof-
fee-room, before you go into the division
room.
One of the Jury. — Was it that same even-
ing you have been speaking of? — No, I am
not speaking of that same evening.
Mr. Lua\ — Where is the house in which
this passed ? — No. 3, in Compton-street, Soho.
Did he say any thing respecting the use
parliament was of? — Yes.
Lord Chief Justice Eyre. — Was there any
body else present, or was that a conversation
between you two only ? — Between us two,
there were several other people in the place
called the coi^ee-room.
liord Chief Justice Kyrc. — Were they near
enough to hoar this conversation ? — I do not
think any one was.
Mr. Lira. — Did Green show you a knife of
any particular construction?—! ii.U!»t explain
that by sometliing which happened previous
to it. At the meeting at Chalk Farm, there
was a kind oi shed in which we were all sit-
ting previous to the commencement of the
busmess, and there was a bit of bread and
cheese and some porter brought: 1 was aii-
[744
Trial qf Thomas Hmtdy
tinff with half a dozen or ten in the u— ^ »««,
audi was surprised by five or six of tbom
pulling out little instruments exactly coire^
ponding with each other.
Lord Chief Justice JE^re.— What sort of an
instrument ? — I mean a sort of thing called a
amtcnu secret, a French knife.
Mr. Law, — Describe the form of them,
have you got one of them ? — I have not.
Have you seen a French knife ?— Yes, there
is a spring, so that when the blade is put out,
unless you imdo that spring it cannot close.
Were they fixed like a common case knife ?
— Exactly ; and unless the spring fails, the
person cannot cut himself by its flyine back.
You observed several of them wi£ those
knives?— I think five or six.
You do not recollect, I believe, who the
persons were that were using them? — ^Yes,
one.
Who was that? — His name was Pearce.
Having seen these knives when in company
with Oreen, and he was making this declara-
tiou, did you apply to him about a knife, or
did he show you a knife of that same con-
struction?— It was in consequence of the con-
versation I learned ; when I saw five or six of
thorn with knives of the same description, an
observation was made by one of the company
that they were bread and cheese knives, and
upon that observation there was a smile; I
looked upon them as harmless instruments
certainly.
Did you learn from Green what number of
these knives he had sold P— I asked where
they were to be bought, and I was told I
might get them of Mr. Green; I asked where
Mr. Green lived, they told me in Orange-
street; there was a man from Sheffield in
the box whose name I do not recollect, his
person I well know.
Lord Chief Justice Eyre. — Did you know
where Green lived at that time ? — ^I did not,
I asked where they were to be bought ; one
of the company said at Mr. Grcen*s ; I asked
where he lived ; they said he was a perfumer
and hair-drebscr in Orange- street, Leicester-
fields.
Did you go to buy one?— In about a week
after I did.
Did you learn from Green what number of
these knives he had sold ? — I think he said
two or three hundred ; Mr. Green told me to
speak very low, for the parlour-door was open
which was adjoining the shop, and he smiled
and said, for my wite is a danmed aristocrat.
Did you attend afterwards a meeting of
your division, which I think was No. 3, in
Compton-street, on the 28th of April ? — I can-
not recollect exactly the day, but I believe I
attended regularly.
Do you recollect any observation made by
Pearce, respecting those knives, and the use
and com'cnience of them ? — ^At the meeting
at Chalk-famv he did.
What did ha say about Ihi
these knives^-He i^ if
aaw uMns one oi
thitm Hicy will not flj biuk, or worUs to tiial
■ u you arc sure vou
I . cs at Cbaiic-rarm?
i tJjere was a niuii
ffi I fault very much
Wh^t wa- tic found with them? —
Thiit tlicy \^^.^ ..^iu m a bunghug manntT,
Ihftt they were not eqiuil to those mmle At
Did his nieniion ^mt there were tnuny
otliers of a similar cunstructiuti made at Shcf-
lield ?— He did.
You say yiiu da not recollect the day of t lie
luoiah?— No,
Were you present at any meetlngg when
any subscription was made for doctor liod-
!«>n? — Yes.
Where was any subscription for this doc-
tor Ilod^on propifsi^Hl when you were present ?
^r-^ t' •; vision.
c collect when that was?^ — I do not
rtL — v^. ..ic date of Uiat*
Was »uch a subscription proposed ?^Tlverc
wia*
Was any thing collected under that sub^
scription f — That t cannot say» I think to the
coatmry ; I think they said he had been re-
heved : I ;tm bound to speak the truthi and
ll ' iijsl certainly add this to it, that
til! lion for relief was rejected on the
UTouud ut llj«5 violence of that person's con-
iTtict^ und I think there was another reason if
is r»jght ; he was not considered
r ot the London Corresponding
Socif IV.
X believe you were present at the dinner at
i Crown and Anchor-tavern, on the second
fMay?— I was,
rwi^if* I -o to that, I will just ask you as
mg at an ciirher period, the SSth
17Q4. Do you recollect being
fi 1 diviiion-meetnig, when any a£
dn I Stockport was read? — Yes.
h live vou that address about you?^ — I da
not think I have.
Lord Chief Justice E^e, — What day? — In
the fiionlh of t'ebniary.
: * ' — Can you ascertain at what part
G. iJiP^No,
s^ itar. waj» the number of yoiir EivtsioD?--
♦so. !2.
1 thought that had been the number of the
htmmf — dumber three was the number of
Ibt Jmnjs«, No. 2, the number of the division.
^ Look at tlml paper, and say, whether that
jHbt paper that wsu* read st the meeting in
Miuarj l«ftt, at your dtvi;tion?^This paper i
«m ^my sure was delivered ; I need not k)ok
<:onlciit% becittae there ire my initials
[Tt was retd.]
** UIGIiTS OP SWINE;
** 4n Address toihi Poor,
** Printed hi the year 17^4*
Julie wiU ihm mine opinion.
*' Ilsrd indeed nmstbe tlie heart which is
unaflectcd with ihc present distress experir
cnccd by tlie poor in general in this commer-
cial nation. 1 housands of honest and indus-
trious i»euple in Grrat Britain arc hteraliy
starving for want of bread ; and the cause in-
variiihiy assigned is a stagnant commerce.
My opinion on this subject will perliapb ap.
pear to some a strange phenomena— it is, that
a stagnant commerce is not the real cau^^e of
the waiTl of llie necessaries of life among the
laborious poor. And I am confident, that>
while the * Earth yields her increase/ there ii
a method founded on JusritE and Reasow^
to prevent the poor from wanting bread, be
the stite of trade whatever it mav.
" In the first place, then, I will ask, what
are the principal sources of human subsist- •
ence ? Certainly corn and grass. Corn is \
moulded into many shapes for the use of man-
but chiefly into bread, which is the staff of |
hfe; and from gra**s, we derive our flesh,
milk, butter, cheese, ^c. besides wool and
leather, which, I think, with the addition of '
coal, and a few other minerals nearly rtkake up
the real necessaries of life, '
'^ I a.^k again then, who is so infatuated as
to say, that the growing of corn or grass, is
dependent on, or connected with, the pros-
perity or adversity of trade ? Certainly (thank
Heaven !) they are not aftected by the devour-
ing swurd, or ruined commerce (except at the
seat of war,) — t^'orn grows not in the loom^
nor grass upon the anvil [ Why is it, tlien, |
that while there is plenty of bread the poor
arc starving? Is there nul a.^ much grain in
the land as when the trade flourisljed ? Sup-
pose trade were to rise immediately to an
amazing degree, would it make one grain of
corn or blade of grass ? Certamly not. Whv
tlicu,! ask again, are the poor/who are the
peculiar care of Htm who dclig;ht3 to do his
needy creatures good, not satisfied with tlic
good of the land f
" The tbllowing reasons are at least aatls-
factory to myself t^ — Because, in the time of
national prosperity, house and land rent (con-
sequently provisions) are always raised by th<!
wealthy and voluptuous, till they are, at least,
at par with high wages; but, when Wab, or
any other cau^c, has ruined or impeded com*
merce, and reduced wages, rtnit and prtmi^
iionM remain unabated. The poor callko-
weavers in the vicinity of Manchester, noto-
riously illustrate this argument, as they are
now (they who can get auy) working for fifty
and sixty per cent, less wageithao at this time
two years back, and the oecoearies of life are
rather augmented in their prices than dimi*
nished ! ! [
" Hearken, O ye poor of the land I While
great men have an unbounded power to raiiie
tketr renta and yamr (iroviiionlk-^-audr at Ibe
same time, an uocdntrolkd (power to make
Wer^ and cotifceqoeotly todry op, or diminifth,
tke sources of jour iacome, your aubsistcwte
vili, at the beft^ be precsnoii% iod your rvtj
7471
35 GEORGE UI.
Trial of Thotnas Hardy
[748
existence often miserable !— The present want
of bread amongst the poor, is not owin^; to
the want of gnun in the world, nor, I presume,
in this land, but owing to the price of it being
excessively above the price of labour. When,
therefore, the price of labour cannot be brought
up to the rate o{ provisions, provisions should
he reduced to the rate of labour. Till this is
practicable, the poor are miserable !
" During the last twenty years, mechanical
wages have been varied, according lo circum-
•lances, several times, and not unusually in
some branches, twenty, thirty, forty, and even
fif^ per rent — I mean on the lowering, as
well as the rising side of the medium. But,
withrezard io iand-rent, its variations have
always tiecn progressive; and to find a single
instance to the contrary, would be almost, if
not altogether, impossible !
** It requires but little sagacity to see, that
the Game Laws, Kiot>act, Laws against
Vagrants and Felons, &c. &c. are made
chifcfly for the security of the rich against the
depredations of the poor. Hut what security
have the poor afpiinst the oppression and
extortion of the rich f CcrUiinly none at all.
As every comfort of life is derived from land,
and as the rich are the proprietors thereof, it
nay in some sense be said, that tliey hold the
issues of life and death; and, whilst they can,
uninterruptedly, raise their rents without
limitation or restraint, they have an alarming
and unbounded power over, not only the
happiness, but even the lives of the great
mass of the people — the poor !
" If, then, statesmen have a right to
advance their lands in times of prosperity,
the poor ought to have a parliament ot their
itwn choosing, invested with power to reduce
them in days of adversity. This balance of
power between the rich and the poor^ would
DC productive of a thousand times more con-
solation to this nation, than the chimerical
nonsense of court jugglers, * the balance of
*• poacr in Europe? Korean 1 imagine that
any judicious person would call such a power
in parliament unjust or irrational, which,
when exercised, could niiu none, but bless
millions ! If it would be cruel to make a
statesman of twenty thousand pounds per
annum, live a year or two upon ten thousand ;
how much more remorseless is it, to make
the Spitalfield and Norwich weavers, as well
as some hundred thousands more, live upon
nothing— or, what is little better, upon cha-
rity ! / / Besides, it is a curious truth, that
the very article which ruins hundreds of the
voluptuous great, would render happy the
innumerable unhappy part of mankind !
Great God! What spectacle so aflecting
to a reflecting mind as Great Britain in her
present state ! On the one hand, we see the
impudent nobles advertising their '' Grand
Dinners*' in the very face of the hungry
poor, whom they have ruined ! ! On tlie
other hand, widows, orphans, and others are
weeping, and often dying for want of brefid I
What can be more odious in the sight of
heaven, than feast and famine in the same
nation ? Yet this is literally the case in this
kingdom, at this moment, and not only in the
nation, but in every town, in every street, yea,
often under the very same roof!
" Open your eyes, O ye poor of the land !
— in vain are your hands and your mouths
open ! Do you not see how you are cajoled
and degra((ed, by the paltry siibscriptkinft
made for you, at difterent times and in various
parts of the nation ; which serve only to make
your slavery more servile, and your misenr of
lon^r duration ? I revere generous subscribers
and collectors, but I scorn the means! Ye
poor, take a farther look into your rights, and
you will see, that, upon the principles of
reason and justice, every peaceable ana useful
person has a right, yea, a '* Divine Right **
to be satisfied with the gtxx) of tlic land !
Besides, is it not monstrously provoking to
be robbed by wholesale, and reheved by
retail! Look again, and you will see that
public collections, subscriptions, and charities,
are nothing more than the appendages of
corruption, extortion, and oppression ! if tht
benevolent Father of the universe did not
send amongst mankind provisions enough,
and more than enough, such is the waste of
the great and the gluttonous, that many of
you poor, would get none at all ! Say not,
therefore, ye oppressed, " there ii a famine^ or
scarcity of provisions in the land / '* * It would
be false. The land contiins plenty ; and if
provisions were (as they ought to be) re<hiced
to your wages, you would enjoy your unques-
tionable rijjlit,:i comfortable sutllciency.
" But, besides the destruction of your
trade, ami the means ot' subsistence, you have
the mortification to see your bread eaten by
dragoon and huntini:; horses, spaniels, Stc.
and your parental, affectionate, loving, provi-
dent and tender guardians, can give you a
good reason why — it is their own !
" Hearken ! O ye poor of the land I Do
you fret and whine at oppression—* yes '—
* Then, as ye do, so did your fathers before
* you * — and, if you do no more, your children
may whine after you ! Awake I Arise ! arm
yourselves — with tnith, justice and reason —
lay siet^e to corruption ; and your unity and
invincibility shall teach your oppressors ter-
rible things I Pursue the Representation of
your Country — claim, as your inalienable
right. Universal Suffrage, and Annual Parlia-
ments. And whenever you have the gratifi-
cation to choose a representative, let him be
from among the lower order of men, and he
will know now to sympathize with you, and
represent you in character. Then, and not
till then, siiall you experience universal Peaca
and incessant Plenty.
" A FRIEND TO TUE POOR,
" Stockport, Jan, 5, 1704/'
Mr. Law.-^l think you say you were m*
sent at iho diuMratthoCrowBaiiffAiinor
719]
'Jot High Treason.
A- D. 1794.
[750
on the Snd of May?— I was, if that was the
dav the dinner was had.
Were you admitted by any ticket? — I was.
: Who himished you with that ticket ?— The
preceding evening, between the hours of nine
alid ten, Mr. Hardy came to my house, and
brought me a ticket ; I think 7$. 6d, marked
on it. I put my hand in my pocket thinking
I was to pay, he said no, there is nothing to
pay for this ticket.
By whom did you understand those tickets
were given? — I had no conversation with
him upon that subject at all.
Lord Chief Justice IJyr«.— At what time
did he bring it to you ?— Between the hours
of nine and ten o'clock.
Lord Chief Justice ly^.—Wherc ?— In
Crown-court, Covent-garden.
■ Mr. Lmo, — ^This was a meeting of the
Constitutional Society? — I understood it to
ha a meeting of the Constitutional Society
with a certain number of the Ix)ndon Corres-
poDding Society, who were invited to that
dinner, and Mr. Hardy brought me a ticket
unknown and unexpected.
Did you ^o as a member of the Corres-
ponding Society i-^l did.
Do you know what number of those^ckets
were delivered out for the Corresponding
Society?— I think, if I may presume to
Do you know what number of the Corres-
ponding Society- there were there that were
Mt members of the Constitutional Society ? —
I think 1 may say twenty.
Do you recollect before dinner any news
coming of any particular public event, and
what was said m the society upon that? —
There was some news of some public event.
Was it good or bad news to tnis country ? —
I understCKKi it to^be very bad news.
In the Constitutional Society, and in this
asiembly, consisting of members of both
aocieties, was there any joy shown, or other-
wise?— There seemed universal satisfaction,
and it was carried about the room seemingly
with great eagerness.
Was there any song sung that you recollect
by the name of the Free Constitution? — It
ivas delivered to me before dinner in a room
mdjoinin^ the dinner-mom, by a person who
<lelivered tiiem round to all the people Iherc,
as far as they could go, I believe.
Did you see any papers of any sort laid
'Upon the plates in the room? — I recollect
now there was a paper on the plates.
Was it of the same sort with the one you
lave stated to have been delivered in the
cmter room ? — I cannot say.
Lord Ctiief Justice £i^re. — Have you got it ?
*— I have not.
Mr. Juiw. — You cannot sav whether the
poper laid on the plate was tlie same as the
MJ^ or not.^— I cannot.
Who was in the chair at that dinner ?— I
lM4iptood Mr. Home Tooke*-Nu, I believe
%.l|r. Wharton, and even in timl I do. not
know that I am correct, but I tMnk so, Mr.
Wharton
Was Mr. Home Tooke there ? — He was.
Do you know lord Daer?---! do.
Mention the names of any persons you
particularly remember to have "been present?
— Mr. Home Tooke, Mr. Wharton, a gentle-
man whom I saw in court just now, of tlie
name of Bircliall, Mr. Sharp, whom I have
known many years, an engraver ; there were
several members of the Loiulon Corresponding
Society.
Do you know Mr. Frost?— Yes; he wa»
there, and he sat close to Mr. Tooke.
Lord Chief Justice Eyre, — Wert those
memlicrs or viators ?-— I cannot undertake to '
say, I did not belong to the Constitutional
Society.
Mr. Law.^Was Mr. Hardy there?— Mr.
Hardy was tlicre.
Do you know Thelwall ? — He was there.
Richter?— Yes.
Lovett ? — He was there.
Was Moore there ? — ^Yes.
Fearce ?— Yes.
Was Jones there ? — Yes.
He was a member of the London Gorrc8«
ponding Society I believe ?— There are several
Jones's.
Lord Chief Justice JEyre.— Docs much turn
upon the names?
Mr. Lav— No. — What songs were naag,
do you recollect? do you know a song by the
name of Ca ira f — ^That was not sung as I
recollect, but the moment the company got
into the room, the music struck up Ca ira.
Before dinner are you speaking of? — I
think all the time wc were at dinner ; I think
it played Ca Jra almost from beginning to
ena ; it was encored time after time.
Do you recollect the music of any other
song that was played ?— Yes, the Marscllois
march— the Carmagnol.
Did the company seem to be pleased with
the music, did it meet with "any applause? — I
never heard such an universal din of appro-
bation in the course of ray life ; it was nothing
but a scene of clamour, tor I do believe most
people*s hands smarted, and their ears ached.
Do you recollect any particular toast drank
after dinner ? — I do not.
Do you recollect none of the toasts?— I
cannot charge my memory.
Do you recollect any particular address that
was made to the company then present, by
Mr. Home Tooke?— That I do.
State, as far as you can, the words, if not
the words, the substance of that address? — I
will; some time after dinner Mr. Home
Tooke f^ot up, and silence was called, and he
prefaced his address by an observation that,
I believe, one out of fifty in that room mii;ht
be considered as a government spy, and to
them he wished particularly to address
himself; and, in consequence of that address,
I must confess 1 did attend ; in consequenre
of his addressing tiimself to government
751]
SS GEORGE III.
Trial of Thonuu Hardy
[758
spies, I certainly did attend to what he said ;
for my idea of a spy and informer may differ
particularly in a business of this nature.
To the best of your recollection, what was
it Mr. HorneTooke delivered in that address ?
-^He bcgg^ the company to take notice,
thatihe was not in a state of inebriation ; for
havine something to say to the company, he
had tsdcen care to refrain from his glass ; and
for fear of being mistaken, and beinc; taken
to be in a state of intoxication, he Ibegged
every body present to take particular notice
of what he said ; he called ttie parliament a
scoundrel sink of corruption ; he called the
opposition in parliament a scoundrel sink of
opposition ; he said, that there was a junction
between those two scoundrel parties, formed
for the purpose of destroying the rights and
liberties of the country ; he began to speak
about the hereditary nobility; he asked, if
that skip-jack, Jenkmson, could be considered
as one of the hereditary nobility of the coun-
try; and I think, if my memory is right, that
he paid the same compliment to the House
of Lords that he did to the House of
Commons.
Lord Chief Justice Eyre. — Do not speak
about compliment. — What did he say ? — That
there was a junction between the ministerial
partv, and the opposition in the House of
Lords.
Lord Chief Justice Eyre. — Do you mean
that he said the same thing of tlie House of
Lords as of the House of Commons? — Yes;
he said it was in order to amuse, or abuse,
(he used one of these words, I am not sure
which word) that poor man, the king.
Lord Chief Justice Eyre. — What was in
order to amuse ? — ^The junction between the
two parties.
Mr. Imw, — Was any thing farther said by
him? — I do not recollect; yes, I think he said
likewise, that the junction of the opposition
in parliament with the aristocratic party in
the House of Commons, was likewise meant
to abuse and deceive the people of this coun-
try. The junction uf parties in the House
of Commons, to abuse the people of tliis
country.
Did he mention any thing farther respecting
the king ? — I cannot say.
Did he state what was the object of his ad-
dress, or of his measures? — I do not recollect.
How was this address of his received ? —
With applause, — with great applause.
Was any song sung to the tune of God save
the King ?— There was.
Do you recollect Mr. Home Tooke's saying
any thing respecting the song that had been
bung to tliat tune? — I cannot recollect.
Lord Chief Justice Eyre. — ^Was it the song
of God save the Kina ? — No ; a song to the
tune of God save the King.
Mr. Lan\ — Do you recollect Mr. Tooke's
singing, or reciting, any lines of a song to
that tune ? — ^You nave recalled something to
my memory thai I had forgot— if I am right,
Mr. Home Tooke lAing that so&g ; or he WDg
an additional verse, which he said had been.
forgot.
What did he supply N»I do not reooUsct
the words.
What was the name of that song P you said-
that a song, intituled the Free Constitulioo,-
was delivered to the members before dioner?
—Yes, and I do not know whether theie was
not one put upon each plate ; if it was not
that, it was something else ; Mr. Horoe Tooke
sung that song.
Do you recollect the first line of the soi^
that was sung to the tune of God save the
King?-— I do not.
Mr. John Groves cross-eiamined by Mr. GiUf.
Pray what are you ? — ^I have followed the
business of conveyancing for these twenty-
two, or twenty-three years.
Then you are a lawyer ? — If you call that a
lawyer.
Is conveyancing the only branch of ths
profession that you have followed F
Graves. — As an attorney do you mean ?
Mr. Gibhs. — Are you an attorney ?— I never
brought or defended an action, in my life, as
an attorney.
You may tell me whether you are aa attOT"
ney or not? — I am not.
Are you a solicitor.
Grovex. — In Chancery ?
Mr. Gi665.— No, I did not mean in Chao^
eery, you have been long enough in the law to
know the meaning of the word solicitor;—
are you a solicitor of any sort?— Yes.
Where ? — I have been here.
Why then, you are solicitor at the Old Bai-
ley ? — Yes.
Could not you have said so at once ; you
understood perfectly well what I meant ?—
No.
When I asked if you were a solicitor, and
you asked if I meant in Chancery, I told you
I did not mean in Chancery ?— ^I thought you
meant a solicitor in Chancery.
And you really did not know the meaning-
of my miestion? — I did not know.
You had not the least idea thai I meant to
ask, if you had been an Old Bailey solicitor I
It did not occur to nie.
It did not occur to you, upon my askine
you the Question, that you had been an Oltf
Bailey solicitor?— I did not say that; but I
gave you what I thought an immediate an-
swer. I really did not know the term as ap-
plied to me as a solicitor.
You really did not know but that I meant
to ask you whether you were a solicitor in
Chancery ? — What was the first time that you
were at any of those meetings? — On the SOtll
of January.
How came you to go thenN-^ via iti>>i *■■
a eentleman.
By whom ?
Gnnei.— lama^lv
it is proper I will #■
753]' far High Treason*
Mr. Gihbi. — If it be improper I will Dot.ask
it.
Groves. — If it is a fair question I will an-
swer it dirceily.
Lord Chief Justice Eyre, — ^Tbere can be no
imputation upon yon for answering the ques-
tion;---if you decline answering, that is ano-
ther tiling ; it exposes you to no difficulties, or
penalty, or any thine; of that sort. — None; it
18 only a point of delicacy. I am rcadj^ to
give an answer, I have not the least objec-
tion on my part.
Mr. Lav.' — Mv lord, I take it that the chan-
nels for information must be protected.
Mr. Aitorney-GeneraL'^The court of ex-
chequer never would permit that question to
be asked.
Lord Chief Justice Eyre. — Upon a general
Srinciple I do not know whether it ought to
e answered.
Graves. — ^It was a person high in office un-
der his majesty; but permit me to add, I
was not desired by that gentleman to conceal
his name.
Mr. Oi6frf.— Then where is the delicacy of
it?
- Lord Chief Justice Eyre. —lie has said
what is proper and material for your purpose i
that is, that he went there, bemg employed
for the purpose of collecting informatiouy with
a view to tne disclosure ofiL
Mr. Gibbt. — I will not press the question
farther tlian your lordship thinks I ought—
I leave it to the discretion of the Court if it
is thought not proper.
; Lord Chief Justice JPyre.— I do not think it
Is proper.
Mr. G J66«.— Then you were desired by a
£erson, high in office, to go to this place ; —
ow arose your connexion with that genUc-
man f— My connexion with that gentleman
has been for these ten years ; that is so far as
having tlie honour of being personally known
to him.
What sort of connexion had you with him }
Lord Chief Justice Eyre.—li is hardly pro-
per that the history of a connexion of that
kind should be disclosed here.
Graves. — ^Ihat gentleman would not em-
Floy roe in any th'mg dishonourable, nor would
accept it.
Mr. Gibbs.''l dare say you would not.
Lord Chief Justice £yre. — You find he went
on purpose to give information of what passed ;
that is the only fact that is material for
the prisoner ; the rest is private intercourse,
vrhicn may involve in it tne consideration of
a thousand uther things, which may be mate-
rial to the government of the country. I think
it not proper to be disclosed here, it is not ne-
cessary to the cause.
Groves.— I have had the honour of his confi-
dence ever since I have known him.
Mr. Gibbs. — ^I'hen trusting in you, he sent
you to the Globe-tavcm on tlkc SOth of Ja-
nuary, 17D4.^— Certainly.
mien you never were at anj of those meet-
A. D. 179i.
[754
ings InA .in the cl^aracter of a spy P— As you
call it so, I will take it so.
Mr. Gibbs. — If you were not there as a spy,
take any title j'ou choose for yourself, aiid I
wiU give you that.
Mr. Low.— He did not state any title.
Mr. Gibbs. — I did not desire you to take
any title in tlie sense that eentleman is using
the term ; you object to the term spy, as I
called YOU, and I bid you take any other name.
Lord Chief Justice Eyre. — There should be
no name given to a witness on his examina-
tion : he states what he went for, and in mak-
ing observations on the evidence, you may
give it any appellation you please. You re-
collect I made the observation before, wbea
Mr. Erskine did the same thing.
Mr. Gihbs.'^l really did not feel that I was
going at all out of the way in tho cross-exami-
nation of a witness^ in calling him by a name
which suits his character, though he does not
like it.
Lord Chief Justice Eyre. — Go on.
Mr. Gibbs. — You went then (not to call you
a spy^ to thesd meetings in the character of a
person who had noot her reason for going tliere^
than that of picking up what information
you could, and carry in e it again to those em-
ployers, in whose confiaence you were ?-— Cer*
tainly.
Then I must express your empbyment by
that periphrasis. You said there was a great
assembly there P — ^Thcre was.
There was a considerable meeting you said;
and universal siiffra^ and annual parlia^^
ments were talked off
Groves.— Which meeting do you speak
of?
Mr. Gibbt.-^l am speaking of the meeting
to which you first went — There was a very
large meeting, so much so that the floor broke
down.
You have been giving an account of some
conversation that passed there ; cannot you
recollect who tlie persous wore that had that
conversation? — No, I do not know; there was
an universal conversation.
You coing there for the purpose of collect-
ing evidence aeainst individuals, and coming
now to give evidence against an individual, you
thousht it not material to observe who Xh%
people were who then used tliis languag^^
You, a gentleman used to practise at the Old
Bailey, and meaning to give evidence after-
wards against those persons, did not think it
material to learn by whom these couverasi-
tions were held ?
liord Chief Justice Eyre* — Mr. Gibbs, I am
sorrv to interrupt you, but your questions
ought not to be accompanied with those sort
of comments : they are the proper subjects of
observation when the defence is niiule. The
business of a cross-examinatkin is to ask to aU
sorts of acts, to probe a witness as closelj as
you can ; but it is not the objeet ef »ew>as ea
aminatioHf ta inlcoducft \.VaX>»s^ %^ Y>
s'isaa^guVia.NQyx&\.^Q!Mi« .. ^"^
3C
755] 35 GEORGE III.
Mr. Gibb9. — Send to Mr. Erskine, he is in
the parlour.
[Mr. Erskine immediately came into court.]
Mr. Erskine.'-Viill your lordsliip give me
leave to say, it is tlie universal practice of the
Court of KingVbcnch, the first criminal court
in this country, in which I have had the ho-
Hour to practise for seventeen years-^We are
certainly lieriuitted to go as far as this. I
agree v'lth your lordship in what you just now
aaid (and it will be of no consequence whether
I did or no, because your lordship must give
tlie nde) but what I take my learned i'riend to
have said to tlie witness, is this : you, sir, not
neaning it as an insult tothe witness, but you,
sir, as a practiser at the Old Bailey, must
know the necessity, if you go to any place to
get evidence, of having proper materials for
viat evidence ; how do you account for not
baving done that? In a cross-examination,
counsel are notcallcd upon to be so exactas in
an original examination — You are permitted
to lead a witness.
Mr. Gibbt, — I desired Mr. Erskine to be
sent for into court, as I wished to have the
testimony of a gentleman who has practised
in that court more tlian any man now present,
that I was not departing from the practice
which has obtained there- -My end is now
answered in desiring Mr. Erskine to come
into court.
Mr. Erskine, — I can appeal to one of the
Icanicd judges now upon the bench. I re-
member that when Mr. Garrow first came to
the iriUiationf whicli undoubtedly he fills with
a great deal of ability, I objected to a question
he put on a cross-examination, and when it
turned out that it was upon cross-examination,
the laugh was turned against me, and I liad
xiothiuc: to say.
Mr. Justice /^ii//fr.— Undoubtedly the prac-
tice has iiicrcastd much within my memory :
ivhat Mr. Erskine alludes to now has been
universally the practice; tliat when you are
tipiui a cross-examination, you are permitted
to lead a witness more than you can on an ori-
ginal examination ; but be so ^ood as recol-
lect the mode in which the lord chief justice
put it yesterday, and 1 do not think in Guildhall,
or any where else,you ever departed from that.
You may lead a witness upon a cross-exami-
nation to bring him directly to the point as to
the answer; but not to go the length as was
attempted yesterday, of putting the very words
into a witness's mouth, which he was to echo
Lack again.*
Mr. Erskine,— IHv'mg done that yesterday,
I immediately bowed to the admonition 1
received from my Lord Chief Justice.
Lord Chief Justice Et/re. — I should be ex-
tremely sorry if it should be supposed that I
xnean to make an observation that seemed to
press personally upon either of the learned
* See the cross-examination of Geoige
Widdison, ant^, p. 059.
Trial of Thomas Hardy [756
counsel who are now for the defendant, and
particular]}[ on the gentleman who is now
cross-examining this witness, and more parti-
cularly if it were supposed I was capaole of
doing that in the absence of the other coun-
sel ; I hope that will never be imaained of me.
With regard to the point, I tnink itiaio
clear that the questions that are put are not to
be loaded with all the observations that arise
upon all the previous parts of the case, tbej
tend so to distract the attention of every oody.
they load us in point of time so much, and
that that is not the time for observation upon
the character and situation of a witness is ao
apparent, that as a nile of evidence it ought
never to be departed I'rom ; but it is certunly
true tliat it does slide into examinations, and
that it is very often not taken notice of^ and it
saves more time frequently to let it pass than
to take notice of it; but there is a rule to
which all those sort of things, if once an ap-
peal is made to the Court, ought to be broughl,
and my judgment is, that after you have got
the particular facts upon which that sort of
observation is founded, the examination ought
to proceed to the other facts upon the case,
and the observations upon those former iacts
ought to make part of the defence.
Mr. Gihbt, — My reason for sending for Mr.
Erskine was because I knew it had been the
practice, and I think I have observed it ia
the course of this cause on the other side.
What Mr. Justice Buller has said, that it is a
practice that has gone on to a greater length
than it ought, I hope, will be an excuse for
me, because I am more inexperienced in the
profession than Mr. Erskine or Mr. Garrow.
If that mode of examination prevails on one
side, especially against a defendant
Lord Chief J uslice Eyre— I will never suffer
it to prevail on either side ; but as far as I
would indulge it, it should be on the part of a
defendant.
M r. O ihbs. — ^Your h»rdship does not suppose^
I trust, than I sent for Mr. Erskine with any
other view than I have mentioned, I confess
I feel myself sensibly mortified.
Lord Chief justice Ej/re. — I am exlremel^^
sorry lor it, I never wished to mortify you.
Mr. Gibbs — I think you told me that yoi^^
were a gentleman who practised at theOltK-
Bailey, do you now practise here, or have yoi^^
left oft that practice ?— I have not left it off.
You now practise at the Old Bailey?— £tf
have not for sonic time.
How happens tliat?-- -Not this six monthSi---^
Your reason for not having practised is^--^
that no business has been brought to you, LM
presume ?— Certainly, you are right there.
Did you or not think it necessary, at iJiiiunw
meeting, to attend to the particular persons^
from whom the conversation that you ^
now stating, proceeded ? — At that time I \
a total stranger almost to eveiy nne in J
room.
\ ou did not endeavour ^ ^
was said by .one ni»>
another r— J «*"
757]
'^* for High Treason^
.^A.D. 17M,
[759
You ««3r the language was universal luf*
£rage and aanual parliaments ?-^ Y*es.
Can you tell me who used that language P
— I cannot, it was the general language.
Who used il you cannot tell ?— No I cannot
How many people might there be there ?—
as many as the room could contain, and it
was a lars« room ; I should suppose if I said
four hundred people^ I should speak ivitlun
l>ounds.
You cannot recollect any one particular per-
son who hetd this language you have been
speaking of?— I cannot; we were in two
rooms there ; the first room we were in
broke down, which occasioned us to go up
stairs.
You were afterwards at Chalk-farm^ I
thinlc you say ? — I was*
There you went under the same employ-
ment, and for the same person ?— Exactly so.
You seem to have fixed yourself a good deal
uponJMr. Thelwall ? — No, Alr.Thelwali fixed
himself upon mc.
It was involuntary then?— Quite so, for
M that time I hardly knew Mr, ThdwalL
You would rather have declined it ?-**Ko, I
did not say that; that is going too far; he
and I were standing at the door, in Store*
street, together, when there were not above
ten or a dozen people there, and then the
paper being stuck up» that the meeting would
t>e held at Chalk Fann^ he said, ** come
abng."
Was that the first time yon had con veiled
'with liimP— I had conversed with him sc.
veral times.
Did he know who you were?— I do not
believe he did.
He had no previous knowledge of you?— -
-He had none of me, nor I of him.
Had you any introduction lo him ? — None.
You had no previous knowlcjlgeof him, nor
he of you, no introduction to hun, rvo comuiuu
fnend who told each that he might trust the
other P — No, I do not recollect that ever such
« conversation passed between me and any
man in the worlu,
Dut all this tliat he said to you was volun-
tary T — What passed between him and me
iras in going to Chalk-farm, which was the
firiit lime in my hfe I ever spoke to him ; it
was voluntary.
I think you say that at Chalk-farm there
was a clamour that spies were there ? — Cer-
tainly.
And Mr. Thelwall was for admitting them
all? — He was, and desired them to hear;
and, I believe, I may add something further,
now you have brought it to my recollection :
he said, it would give the minister the^wer of
judging of their proceedings and their num-
bers.
You said so before* I believe you yourself
made this cry against spies, did not you? you
yourself said you thought there were spies
among them ?— O yes I I did say that, and
thotight myself very justifiaUle in so doing.
Yes, yes, that was a scheme you had learned
in your marUct? certainly; you were the person |
then wno suggested that there were sj>iea
from the Treasury there? — No, I was uotH
there was a person present, I was asked if J
I knew him ; i said, yes, 1 did. J
Did you say you knew him to be a spy?—]
I was asked \vho he was, and what he was, andi
I said, I did think he was a person employal f
by government,
Who was he? — His name was Walsli,
And you seeing Mr. Walsh there, said»yoii |
thought he was a person employed by goverti*-
ment? — I was applied to bv several to knovri
whether it was not Mr. Walsh ; I naid, it waa^ I
ai>d that I believed he had some omployment J
about government; and I believed Mf»l
Walsh aid not wish to conceal it, for npoa 1
his buttons there was, I believe^ tlie King j
and Constitution, so that he did nut wish to \
conceal it*
Because Mr. W'alsh came there with King I
and Constitution upon his buttons, you chos6 1
to say that you tliought he was a spy, was j
tliat so ? — ^That was not the reason, becaust I
he had the King and Constitutiuu upon bis
buttons, for that might have been put on.
Well, seeing hira there with King and Con*
stitution on his buttons, you chose to say I
that you thought he was a spy from thtj
Treasury? — No. I
Then do tell me how the fact is?— The fuel |
is, I was applied to by two or three to knoM
if I knew Mr, Walsh, I said yes, and he was I
pointed out to nic ; I said that is Mr. Watstu ]
certainly; somebody made auswtr, who f J
cannot say, he is just come from Ireland^]
where he has been upon some governmen|J
business ; I was askeu if I knew any thing <
his being employed by government, I soi
immediately, I do believe he is.
Did not you say you believed he was a spy? j
-^I do not think I jid.
Will you swear you did not say, that yo
believed he was a spy? — By my saying that II
believed he w.is employed by government, I J
meant to say, that he was a spy. 1
Then you do consider that the term spy, Ifl
lo be applied to those employed by govern
mcnl?— If ycju take it by implication that i
mail employed by government is a spy, it is sc
No; It is your own interpretation of the
words ?— Then you have it that way, I confesa
it so far. ^
Then you did say you thought he was |k
spy f.^ Yes, so far as giving information. i
It wasaAcT that, that Mr. Thelwall J^d h»]
was for admitting all spies ?— Certainly, Mr.[
Thelwall did say so. ^
This was a very large meetings was not it?
— It was large.
Had you no apprehension for your friondj;"
Mr. Walsh, saying, you thought he was a spjjj
at such a meeting i'-^He is no friend of mine, i
He was not a man, I suppose, whom yo
wished to have torn to pieces ?— Noj noi i
man lathe world.
759] sr, GEORQE III.
Wcrr not yoii a litllc apprehensive of hold-
ing him (Mil as a sp^, n. man you knew nothing
oi'? — No; I was tor admittiog all spies tod,
ttud to ill tlicm remain tliere unmolested.
J}ut thoui|;li yon might bo for letting spies,
that wcrr tlinrc, rontinue, I want to know why
J Oil iMiinlcd out a particular mao as a spy ?-^
did not point out a particular man, 1 wafe
ap]diod to if I knew him, and I was taken to
one end of the garden to look at him, and I
said that is Mr. Walsh, certainly.
Did not you say you believed he was em-
ployed liy government ? — I did.
Employed by government to be there ?-^I
did not say tliat.
Hut was not tliat your meaning^-— I did
jiican that.
Then why arc you fencing with me? — ^I
am nut fencing.
You ro|irracntcHl him to be a man sent there
by covrrnniciit, in tiic s;imc way as yourself?
r-Ycs.
What iiiducctl you to point out this man?
—I was desired tonoint hun out. . ■
Did yuii believe liim to be so ?-^I did.
1 want to know whether you, going there,
a> what you (-all yoirselC a spy> how you
«ainr to poiut out to the people, tlmtwere
there, another person whom jtMi also believed
to be a spy?--.Thcrow«s good reason for that,
bccan^(*, iV 1 had not s;iid ho was sent there
as a 5pY, 1 .should liave been sus|H!cted myself:
tlie liict was too notorious to be deniixlt and if
>Blr. Walsh was here he would not deny it.
With King and Contititution upon hb
buttons?-^! think there was at that time.
What niimhcr of people do you think were
tlierc at this lime ?«->! should think between
two and three thousand; tliere was a vast
iiumlier, 1 InHievc, that were there CMit of
i*urii>>ity, but. as tar as 1 am able to iudce,
tlici c were nut :tlH>vc ei^ht or nine hundred of
the l.oiuloii l\»rii>ponduig Sjciety there.
\ou S.1Y, th.it Mtting down to eat some
|tr«\ulaiul rhees«\ there was something tliat
you e.illed little in>tnHncnts taken out, and it
tuinul out ih.it thoc wen^ French knives? —
Yes, ill ilie ?>hape of French knives, made in
tJiis Ciuuilrv I |Te>ume. as many of them are. j
1 Know thev arc very eoinnion thinp T — |
As eouinion as .my ihin^ certiinly, and 1 he- ;
liexe a i:reat iii.uw jieople u^e them kr safety
to Ih.eif li.inJ>.
>ou ueui to Mr. Orecr/s in Orange street,
you s.\v * — YeN.
He toUi >oii he h.i.* soiJ two cr three huu-
Ou\i om!u M . bi.l t*-,i >ou to >; e^kvery low .t>
the i\\*:. ;;'..i!,s r w.i> ojc:*.. .ind hi* wife w;i>
u i'. IV. ■.'.;.: .\'. .x'.kv ;.,'. .'— lie icrUiU'.ly ii>iv.
that \\c >.i.»i ;•..> wjie w.in a K\AinVi\\ .\s.>
Kvi-.ll .'.-I ;iii!. .\\\\ wo KlV. K S i.s Uii^hc\)
Wir.j; an .\:i>U\;ui.
1 ihuik >%Hi loiti MIC >\wi wt««at th« dKnuic
en til .0 va M\^ . ul t&c C^m n aai i»ifci»»
Trial of TlMKdt Hardy [760
How many people might there be there?—
I should think there must be five hundred ih
all.
You went there in the same characteti I
suppose ? — A ssuredly.
You say there was some piece of news
brought— a newspaper brought in ?— I do not
know whether a newspaper was brought in,
but there were accounts brought in that some
of the Allied Powers had received a veiy
great check.
Y^ou do not know whether there wae asf
newspaper broueht. in?— I do not; I tawit
add this, that I was very much surprind
indeed when I went inta the Constitiniari
Society— I there saw a niunber of moit
respectable seniiemeta.
Then at this meeting thatyeu are speaking
of, there were a num&r of very respectable
gentlemen ?— Indeed- there were.
How didyoa get there P«— I have told you
by a ticket Mr. Hardy brought to me; I
oflfered to pay for it, he said they were not to
be paid for.
What number did this roeetins ooDsiat of?
*— I dare say near five hundred; I think three
hundred and fifty or four hundred lat down te
dinner.
You are not sure, I thmk you say, vho was
in the chsdr ? — I an not, but if I may pre*
some to think upon the subject, it was mx*
Wharton.
You must not presume to think ? — ^Then I
am not certain, and I will give you the aeaion ;
we went into the room, and there was a Kitle
bustle, and who was put into the chair i
cannot say, but I consider Mr. Wharton to
be in the chair ; but whether it was him or
Mr. iiorne Tooke, I cannot tell.
Whichever it was, I suppose he sat at the
head of the table?— There was a row all
along, and thcv sat at the head of the table.
Then I think you say Mr. Tooke made ^
speech, in which he redected upon the Ucnise
of Commons ? — Yes.
You say he called the House of Commons x^
sink of corrupt icn : — He c.Ulcd the Uoiise M 2
Commous a bcwmcirel Mnk of corrur-ticn.
He s(H. kc of there l>e:ag a Junction tclwecii^
Ok two parties : — He called them a scoundreft
oppo^:J^ln.
I ik* not w-.\::t \ou to rf pi ^ any offensive^
r\pu ssi.Hi> ihai he used a^dinst iDtiividLials. -^
but I ;":i;nk :n *fvAki3i:a^»ini: liie hereditanaS
:\vl;'.:\. :.e s:\ke ^iiit.-illv ^f a : ..ruculiK^
^HT>x»:i.— He *ii.:. *:w he spoke cr'xncne thi^TT
oi'.e
I bi'\\f he *;-:\e h'.gh-y cr'the hereditar'ai
rv'b;. ;v V : li-.e ivi'jr.t-y -"—He c:d
\\< >j>.>ke h:ihl> o:'' ihe benfd.tAry rx^oixr^ — :
ci i::.- owu:\i:y is iV.r.trA-da-uacoisJjod
A.; * f :* :; -x" r> " — M * ■* ; ass-,:rf i'.y . * . ^ - iii
hi-^ctviiUrk nx ;i.:y c f L*.e crt»:r>" txtr^i
|XKV <-;-.; t^l A nuuTi cv«:'i r*Ay.
henJitarr
hKrveii.' acrvsM. thalt
:>« C4 w^Mi be 9f^m
TCI] M High Treasoik
the introduckion of adventurers P-^rl do not
know that tlie word ^venturers was made
use of.
By the introduction of those then wiio were
not the hereditary nobili^ ? — The mVf
Dobility.
He bad before been declaifniug against the
House of Ctvnmons, certauily, using an im-
|j«oper expressioDy however, calling them a
sink of corruption ^t-Yes.
Did he noA say, likewise, that Uiose new
nobihty were intxtnluced into the House of
Lords by means of those people whose conduct
be was finding fault with in the House of
Commons f—I think his sense was tlie same;
I have no hesiution to say that his sense was
the same.
Did he not also speak hig;hly of the. o0ice
of the King in the Constitution ? — ^l am verf
clear he did, because he said, that the new*
made peers, or those Utely introduced into
the House of Lords, cither bad combined, or
iveie combining for the purpose of amusing
that poor man, the king.
Did be not mention it as matter of com-
pkmt, that the king had lost bis due weight
in the constitution, by means of this cornipo
tioQ ^t lie had been complaining of before ?
—I understood him completely so ; I do not
kpow one word that Mr* Horiie Tooke aaid
disrespected to liis majesty.
Did he hold out any thing as matter of
€QI9plaint in the now existing constitutiom
except that there was a sort of people intro-
duced into the House of Commons whom he
disapproved of; and by their means likewise
ft sort of persons introduced into the House of
Peers, whom he disapproved of; and that
they, acting together, restrained the due power
of tbe crown ? — I believe that was the object
of all his conversation.
Mr. John Gurncll called agun.
Where did you find that paper ?^In Mr.
Hardy's house.
[It was road.]
" TunCy Vicar of Bray.
"L
** Why should we vainly waste our prime^
" Repealing our oppressions ?
' " Come Tousc to arms, 'tis now the lime
** To punisli past transgressions.
" Tis said tlial Kin^s can do no wrong;
" Their inurdVous deeds deny it ;
. •'And since from us their pow'r has sprung,
" We have the right to Xty it.
" Ciiorus, Come rouse to arms, &c.
«n.
« The starving wretch, who steals for bread,
'^ But seldom meets compassion,
" And tUiall a crown preserve the head
' Of him who robs a nation ?
- ** jSuch partial laws we alldespise;
* Sec Gallia's bright example;
•* The gbriows sight before our eyes,
r We'll uu every tyrant trample.
'^ Come rouse, &c. &c.
A. D. 1794',
VQH
"in.
" Proud bishops next we will translate
" Among priest-crailed martyrs :
" The guillotine on Peers shall wait,
" And Knights we*ll hang in garlert /
" These Despots long have trod us down,
<' And Judges are their engines ;
" These wretched minions of a crown
'' Demand a people's vengeance.
« Come rouse, &c. &c«
« IV.
'< Our Juries are a venal pack,
" See Justice topsy-turvy ;
^ On Freedom's cause they've turned a back^
^ Of Englishmen unworthy:
" The glorious work but once begmii
" We'll cleanse the Augean stable: •
" A moment lost, and we're undone,
** Come, strike while we arc able.
" Come rouse, &c. &c.
"V.
'< The golden age will then revive ;
'' Each roan sbalibe a brother ;
" In neace and harmony we'll live,
'' And snare the world tojgether.
'* In virtue train'd, enltghten'd youth
" Will love each fellow creature ;
** And future ages read, this truth,
^ That maa is gpod by nature.
Come rouse, jec. &a.'*
Mr. Er$kM.^lf the jmy will kok at the
back of it, tliey will see thi3 song was sent ia
a letter to Mr. Hardy by somebody or others
John Thornton sworn. — Examined by Mr.
Attorney General.
Did you find any thing in the posseesum of
a person of the name of Hillier ?-*-I did.
When ?^0n Monday the 19tb of May.
Produce it.
[The witness produced a pike, with a bla^e
two feet two inches long.]
Willittm Cnmaf^e called in again.— ^Examined
by Mr. Attorney General,
You told us yesterday that you were at
Edinburgh when the Scotch convention sat
and was dispersed ?— Yes.
I You knew Maurice Margirot, did not you?
—Yes, I saw him in the Tolbooth, in Edin
burgh.
Did you over see any knife in his hand ?— I
saw one laid upon the table, which Mac^gjuot
said was his.
. Describe tliat knife.«--It appeared to be a
knife that opened with a sprmg between the
hatl and the blade : the knife and blade alto*
gethcr was nine or ten inches long.
Was it easy ordiificuU to shut when it waa
once opened ?— It was very hard to shut; I
could not shut it nursolf.
William Carnage cross-examioed by Mr.
Erskinc.
Arc you a Sheffield man ?— Yea*
763]
S5 GEORGE ill.
Trial of Thonuu Oardif
1764
Had you ever seen any knife of this de-
scription ? — No.
Had any body else a knife of Ihis sort ? —
No.
Was any thing said about it at this time ? —
No.
Was it concealed? — ^No, it was laid for
him to get his dinner with.
Then Margarot did not niake any secret of
this knife?— No.
How many people were present in all.' —
There might be about six or seven.
Did it strike you at the time that there was
any thing wrong in it ? — No, I did not appre-
hend any thing of danger in the knife when I
saw it, only it was a curious knife, and he
showed it to me upon the table.
Publicly?— Yes.
Are you a cutler?— No^ an ink-stand
maker.
Was this at the time the Convention was
holding at Edinburgh? — No, afterwards; he
was then in the Tolbooth.
And he ate his dinner with it? — ^Yes.
George Lynam sworn. — Examined by Mr.
Bower.
'" Were you at any time a member of the
London Corresponding Society ? — ^Yes.
At what time did you become a member of
the London Corresponding Society ?— In Oc-
tober, 1792.
Where did you first see any division of the
London Corresponding Societj^ ? — At the sign
of the Mansion-house; opposite to the Man-
sion-house.
Which of the divisions of the I^ondon Cor-
respondino; Society met at that house ? — ^The
division No. 19.
When you went first into the room, did you
receive any paper of any kind ?— Yes.
What was the paper you received upon
Ointo the room ? —It was the Rules of the
Dn Corresponding Society, and the Lon-
don Corresponding Society's Address.
Address, of what date ? Is it an address to
the members, or to the nation, or what ? — It
was the Society's Resolutions, and Address to
the^ public at large.
Lord Chief Justice Eyre.— What date has
that address? — I do not immediately recol-
lect; but if one was handed to me, I could
recognise it; but I think it is in March,
1798.
Is this one of the papers ?-^It is a larger
pamphlet than that.
Upon receiving that paper, did you give any
intimation of any kind to the master of the
house?— Yes i I told him I believed it was a
sociei
cieW
In met you intimated, that there would be
danger there ; then in consequence of some
intimation, no matter what, tnat you ^ve to
the master of the house, was that division of
the society adjourned to any other place ?--It
was adjourned the next evening to tbeOrows^
ia Newgate- stieeX,
Did you attend al that meeting P— I did.
Was it there that you were Mcepted a
member ? — It was.
Did you become a member of that divuioD
that night?— I did.
Was the prisoner. Hardy, a member of the
same division of the London Correspondhig
Society that you were admitted a member o^
— ^No, h^ was not ; he did not belong to thil
division, but he belonged to the society.
Were you present at any time aflerwikds
at any other division P— I was.
Where was that, and what was the mmiber
of the division ?— I beg leave to look at my
minutes that I made firom time to time.
Did you make these minutes at the tines
to which they respectively refer ? — Yes, I dki.
Then vou may refresh your memoiy 1^
them. What was the next meeting at whkh
you were present? — ^The next meeting I at«
tended was at the sign of the Unioom^ in
Covent- garden on the 99th of October.
How many persons might be present at
that meeting?— I cannot exactly say; but
there was a very large company ; the room
was full; there might be about seventy or
eighty people.
Was the prisoner at the bar one of them?
—Yes.
In what character did the prisoner appear
there? — As secretary, I understood.
Who were the delegates at that meetiojgV-«
Being a young memoer at that time, ibad
not made myself informed of the names of
the delegates, nor the number of the divisions.
Lord Chief Justice -^^- — Was this a
commitee of delegates? — ^'Ihis was a meeting
of the division. No. 2.
Mr. Bwiu'tfr.— Did Mr. Hardv, while you
were there, take any part and what ? were
any reports made by any body ? — ^Ihere was
brought forward at that time Tum Paine's
Address to the French People, and it was
voted to be published and delivered to all the
divisions.
Was any thing more said or done at that
meeting ? — Yes.
By whom .?— I don't know that.
What was done next? — ^Tom Paine*8 Letter
to the People of France, already published, to
be delivered out, and the Rishts and Duties
of Man to be continued weekly.
Are these minutes of resolutions that were
passed that night ? — Yes ; the delegates had
received letters from the Manchester and
Sheffield Societies, approving of the London
Corresponding Society's Address to the
French Convention — Reported that two thou-
sand and upwards haa signed it at Nor-
wich—The Crown and Anchor approve of it,
but would send one of their own ; thinking
the more addresses that were sent to the Con-
vention the better.
WhowcnpraMUt bendeitlw priaoiMr?—
^ir— '-
[
Ihe dmsions is thus: the delegate of the |
divisioD attends ihe bubiness that has been
trail sac ted al ihc comraiUee of delceales, and
he makes a re|x>rt of what lelters and what re-
»oliitioa» were broitghl forward and agreed to.
That was tlie mode of doing the business ?
Was there any thing more passed al that
meeting ?— That seems to be all that I have
niade any memorandum of.
Do YOU recollect any ihtng more, or do you
nol?-^Thal h all I recollect at that meeting.
Who made thiit report that you have been
speaking of at the last meeting? — I carmot
charge uiy recollection who it was, and there-
fore I would not speak. The next meeting
was of the division. No. 12, at the Crown, m
IsewgKtc-slTeet, on the 3lsl of October.
Who was present at that meeting? — Mr.
Hardy was not present.
What was done at that meeting? — At that
meeting the address to the French Convention
was reported by the delegate that was brought
forward on the 27th of September at the
Unicorn.
l>id any thing more pass there ? — T have
made a remark of nothing more than that; f
fancy there was nothing of any consequence,
Tlie next meeting was at the Rainbow, in
rieet-strcet, on tlie 2nd of November.
Lord Cliicf Justice Eyrf. — What division
was that i—l have not got the number of ihe
division, and I do not immediately recollect it.
Lord Chief Justice Eyre. — It was not your
own division, No. 12?— No, number 12 was
the division I entered into ; it was not that,
but another division ; to the best of ray recol-
lection it was No, 11,
Mr, B<wcr.— Did any thing material pass
at that meeting?— The delcgaie reported, that
the company at Stockport had wrote to Shef-
field of their approbation of the different
meetings. The editor of the Sheffield paper
Avrote to the delegates, that it would be a
good plan to send London delegates down
to leach the farmers pohtics. A letter from a
mcetin|» just Ibrraed at Nottingham, addressed
to the delegates— I am inclined to think that
letter was not read. The next report was,
tiiat there were six honorar)^ members ad-
mitted at the Crown and Anchor,
Admitted to Uie Constitutional Society, do
you mean?— Yes; that is the whole of that
meeting. The next» division, No. IS, at the
Crown, Newgate*slreet, November the 14th,
Mr. Btmer.—l wiil prove by the paper in
my hand, tliat Mr, Hardy was the delegate of
division, No, 2; because your lordships will
have a good deal of evidence of what psssed
in the division of which he was a delegate.
Lord Chief Justice Eyrt. — You said you
did not know who was the delegate ? — ^I will
not take upon myself to be certain, but believe
I should be right if I said that Mr, Hardy was
delegate at that UmO; for that division.
[Mr, Lauiun called again*]
Mr, Botwst. — Did you find that paper f show-
ing it to the witness] among Mr. llardy's
papers? — I found it in Mr, Hardy's house.
Jkxanikr Grant. — I believe lUit is Mr^
Hardy's hand-writing.
[It was read.]
** London Corresponding Society, at the Uoh^
cornp Co vent-Garden^ Monday, Octol
1, 1792.
" Resolved, That Thomas Hardy, divisioi
No, S. be appointed our delegate to the standi
ing committeo of the several divisions, and t<
continue in office for three months,
(Signed) " A lex an per 1x)wrie, chairman.
Indorsed, " Division No. 2, delegate,
Thomas Hardy.
" Number of members, 120."
Mr. Bower ^ to Lynam. — Whether the
son who made the report at that meeting,"
the 29th of October, at the Unicorn, was tl
delegate ?— Surely uk
Mr. BowcT, — Now go on from where y<
left off.
XvTiam,— The next meeting was at tl
Crown^ in Newgate-street, on the 14th
November.
What passed at that meeting? — NolhiJ
material 1 tanc^; I have no minute of
thing.
Pass on to the next,— I return back again
here to a meetmgat the Unicorn, November
12th.
Of division, No. 2. ?— Yes.
What passed at that division r— There was
read a letter, written by Mr* Burlow— his
address to the Convention, very inflammatory,
and there were very loud plaudits at the
reading.
Who made the report that night?— The
delegate reports, the report is always made by
tlie delegale.
Lord Chief Justice Et/rc, — Was that a letter
addressed to the division, or communicated
by the delegate as coming from the cornmillee
of delegates? — As touiiugfrom the conuuittee
of delegjates, and it was Barlow's Letter ad-
dressed to the Convention of Fmuce, The
next is a report by somebody lo the meeting,
that the London' Corresponding ^Society m
London, in number, wlis* mx thousand ; that
the division, No. 14* mccluig al ^pit.illields,
was increased, and would soon be equal in
number to all the rest of the divi^iuna of the
society. I'he first meeting of tlip London
Corresponding Society, I was infornted, was
at Mr, Robert Boyd's, Nn. il, Exeter-street,
and that he had the first resolutions of the
society ; 1 was shown one, dated the 2nd of
April, 1799: — A letter from major J olm son,
of Edinburgh; he does not approve of thft.
Address to iheConvctvl\ovviW\v{^s>^\^^v^^'^
payer lo mWta VW ^v^\\c w ^\cC\c%^ «»
would seiaA ou^ sooTCi V> ^^ Wicv^v^ •
767]'
S5 GEOUGE HI.
Tnal of Tlimat Hurdy
L768r
How was that letter coaveycd ; was that to
the division, No. 2, at the Unicom?.— Yes;
the London Corresponding Society's address
received by the National Contention, and
ordered to be published atid sent to the
eirhty-- three departments.
Is that a report of what had been done in
France?— A report by the delegate, of their
Address to the National Convention of France
being received, and that by the Convention it
was ordered to be published and sent to the
eighty-three departments in France :---The
society at Sheffield sent up their Address to the
Convention to the delegates, who had for-
warded it ; that is the whole at that meeting.
Had sent up their Address to the committee
of delcf^ates? — Yes, aud they had forwarded
it'to the Convention.
Is that tlie whole of the minutes you have
of what passed at that time ? — ^It is. The
next meeting was at the Crown, in Newgate-
Stroety Na Si, division No. 12: It was at
tliis division mentioned, that there was a talk
of a congress to be held in Scotland. The
next thing that was dune, was to read judge
^sh hurst '6 charge to the grant} jury. Ke-
ported, tluit a society at Norwich wanted to
kiiow^ if wc meant to come into the duke of
Richmond's plan, or to rip up monarchy ; they
suspected that this was to draw them into
some unguarded expref«ions, and declined
answering, lleportcd, that the delegates ha<l
wrote to tlie society at Sheffield, and at Edin-
burgh. The next is, the branchingoff of the
new division, from No. 12 ; the branching off
was on the '^Ist of November, and this new
division took No. 23, and met at the Ship in
Moorhelds, on the 27tli of NovemlKT.
Were you a delegate of Ihe new division, or
did you continue in the old one? — I was
chosen delegate of this first meeting on the
27tli of November; it was recommended to j
inform the public tliat wc were not levellers,
and it was reconmicndcd to avoid riot or re-
sistance to the laws.
Lord Chief Justice Eyre. — Were the reasons
for that reconuiieiulation stated ? — ^There was,
at .the time, but 1 did not make any memo-
randum of it, but it was on account of the
xnadstratcs interfering with their meetings,
and some of the publicans had been threat-
ened to iiave their licences taken away ; in
consenucnco of that, this was a recommenda-
tion of the division.
Lord C'hicf Justice Eyre. — Was this a re-
commendation to vou from the ^committee of
delegates, reported by your delegate } — It was
a conversation — it was a recommendation of
the division that it should be carried by me to
the committee of delegates. Reported, that
in Edinburgh, the first characters belonged to
tlie cause, had formed themselves into a
society, and called themselves a Convention of
Delecates, and it was resolved to subscribe for
the cTcfeDcc of any prosecuted member and
his family.
' Lotd Cbkf JustiQO i^^You do Mi
mean a regular report; but tiiaf thb 'wte Goa-^
vcrsatioa?-^It was ooaversatkm. The nest
remark that I liave got, i»— a meeting of do*
legates st the dun, in Wiodfnill-street, od the-
29th of November; it was agreed to changfe
the house weekly.
Were you present at a meeting of the dele-
crates that day f-^YeSy tfaiere were twenty-two
dcleffates met.
vTiis any paper, or aitiy proposal broiuhl
forward there ?-^Thc division, No. 11, bad
received twenty visitors from Islington; %
society was intended to be formed tbere. —
Ttie sub-committee brought fbrti^nl their
answer to the Crown and Anchor, but it wa»
referred back again to tiiat sab-committee.
What Crown and Anchor declaration wts
that referred to ?>-The meeting of delegates
must have liad a letter from the Constitu-
tional Societv, which must have beoi read»
and answeredi before I became a dcl^ate ; so
that what it was i cannot tell.
Mr. iJower.— When you talk of the Crown
and Anohor, dp you- mean the Society for
Constitutional Information at the Crown and
Ancholr P-^Yesj— there was one liresented by
counsellor VaughaUi a visitor from tlie Coin
stitutional Society ; he ofilering an answer, it
was read and approved with some alterations;
there were some parts of it that were ol^ected
to, and these words were
Lord Chief Justice Eyre. — Was counsclkir
Vaughan present? — ^Yes; he was a visilot
from the Ck)nstitutional Society; the address
that he brought forward was approved with
some alterations, a part of the alteration was
" die in the cansc,*^
Tutting in or taking out those words ?—
Ooth.
Lord Chief Justice Eyre. — Did you mean
that you struck out, or added those words?—*
Stnick them out; — Vjut, however, there was
something there said in justification of those
words, by something that passed in Croni<
well's time, about a brewer being made a
colonel — It was agreed that this sliould be
Eut in the Sunday's paper if possible, and five
undred large bills printed and stuck up about
tlic town, that wc are not levellers, ami one to
be sent to each division. — Mr.Vaughan most
strongly recommended good order and peace*'
able conduct.
Mr. Bower. — You say you do not knovr
what the paper was to which this was an
answer, or wliere it came from ?- I did nut
see that ; but this answer, that was read that
night and approved of, was brought forward
by counsellor Vaughan, and these words were
erased out, but were attempted to be jufetificd*
Do you know from wliat society at the
Crown and Anchor that came ? — The Consti-
tutional Society.
It was an answer to something receited
before you were a member? — Yes;— if our
funds vrere low. the CouBlitutional Scdeiar
would print for us.
Who nid Ihitf-i-Bir. Vaug)^ said that;
199]
Jbr High Treason.
A. D. 1794,
tTTO
it was Ihte Reported that many enemies to the
flocietj had endeavoured to get into the
sode^'. — At this meeting it was reported that
hye divisions had heen scouted, that is pre-
vented meeting at the places where they usually
had met.— Maurice Marearot made a nioliou
to write to Mr. Pitt and the attorney-general,
that if our meetings were illegal he would
surrender himself ;— this was over-ruled, and
it was agreed to support all prosecuted mem-
ben, and recommended to all the divisions. —
Mr. Ertkine^ — ^You wrote this down at the
time P— Yes.
. Mr. B<mer. — Did you receive that note from
the prisoner Hardy ? [showing a paper to the
witDeai».j ?— Yes, I did.
[The paper read.]
« December 4, 179^.
^Citizen Lynam, you are requested to
ineet the Special Committee this evening, at
seven o'clock, at the Nag's-head, Orange-
street^ Leicester^fields. — I am your fellow citH
feOy " TuoMAS IIardt.
** Please to inform any of the delegates near
you that you know, but no one else."
Addressed <' To Mr. Lynam, No. 31, Wal-
brook."
Did you in consequence of this notice go to
the place where that note required you to go ?
r-I did; but have no memorandum of any
thing that parsed.
Have you any recollection of what passed ?
«*-I have not.
Were you present at a meeting of any of
the divisions, upon the 11th of December?—
Yes : Division No. 23, December the 11th.
At what place ? — I fancy it was at the
Brown-Bear, m Moorficlds, but I have not got
it down.
What passed at that meeting ? — It was re-
ported at that meeting that tlie London Cor-
responding Society's rules were introduced
eiBong the soldiers.
Have you read as far as you have taken
Minutes of the 11th of December, at tlic
Brown* Bear, in Moorficlds? — There were no
new meinbers admitted.
. Was any tiling material done tlierc?—
It was reported that colonel Dairy mplc, of
Edinburgh, was determined to have a parlia-
mentary reform; it was reported likewise,
that the Irish were scouted, as we had heen ;
that they had applied to the council^ who liad
dedared their meeting to be legal.
To the council ? — \ es.
Was it explained what council ?— The privy
'Council in Dublm. A motion was tlien made
that as the finances of the divisions are low,
•I they cannotpriut the Address, the divisions
«rerecommcnded to subscribe. Three mem-
bers .of Uiis division declared, at tiuit time,
tbst they would j»tick tlicm up about tiie
WlMt address was it that they were then
tdUig about?— I fktues that must have been
VOL XXIV. ^
the Address to the Constitutional Society, hut
I have not got the memorandum, whether it
was that, or what it was.
Was it the address that was produced by
Mr. \'aughan ?— I rather think it was. There
was a report here, that Baxter, who was
a delegate uf the division, No. 16, was
at the meeting at Shoredttch Church, that
he opposed the meeting, and that he was
laid hold of; and that in consequence of that,
seeing he could not resist, he put his hanu
into his pocket, and pulled out many of the
society's addresses, and threw them with
a good deal of exidtation among the people
assembled there, and he complained tnat he
was very ill used, his coat torn, and he struck
several times in the church- yard.
What meeting was that?— That was at
Shoreditch Church.
What time are you got to now ?— The 1 1th
of December.
Do you know what that meeting was for ? —
It was a meeting to support the constitution
of the country.
Now come to the 13th of December?— -The
next meeting was at llound-court, in the
Strand, on the 13th of December ; that was
a meetuag ef the delegates.
How many delegates were at that meeting ?
— Eighteen.
Was the prisoner there ? — ^He was there.
What passed at that meeting? — It was
there reported that the magistrates were after
Littlejohn, and that he is now going to Soot-
land. That has nothing at all to do with it,
thill is not of anj|r consequence — a Mr. Field
was chosen assistant secretary. A motion
from the division. No. 4, that a letter should
be wrote to the common council of London,
to be wrote by the secretary, to whom it was
referred. Mr. Ridgeway was to publish Mr.
Margarot*s letter to the secretary of state, and
the receipt from tho post-oflice ; that receipt
from Uie post-office was to be taken in my
name, and in Mr. Field, and Mr. Bell's
names.
Wliat letter are you now speaking of?—-
Mr. Margaret's letter to Mr. Secretary Dun-
das.
Lord Chief Justice JEyre. — ^What was that
about the receipt from the Post-office?— It
was directed that the letter should be carried
to the post-office by myself. Mr. Field, and
Mr. Bell.
Lord Chief Justice Kyre.—W hat letter was
to he carried to tho post-office ?— Mr. Margar
rot*8 letter to Mr. Secretary Dundas.
Mr. haver, — Were you to take a receipt
there to show you had carried it there? —
Yes; if Mr. Bell had any objection to liave
his name in tlie receipt, the receipt was then
to be in the name of three of the delegates of
the Jiondon Corresponding Society.
Is that a copy ot Mr. Marganit's letter to
Mr. Dundas?— {Showing it to the witncb3.\—
This is the letter.
Lord C\ucUusUct EyTt,— ^\«!i*^^^^'^-
771] S5 GEORGE lU.
garot at that time ? — lie was at this meeting.
Mr. Bower, — ^It was put into the General
Post-oflicr, tlioiigh tlie party was in London
at the time ?
Lord Chief Justice Fyre. — Is that a com-
mon thing? — It was done at the request of
Mr. Margarot, that the society might be sa-
tisfied that this letter was sent ; and, there-
^fore, instead of sending it down to Mr. Sc-
-cretary Dundas*s office, it was determined to
put it into the General Post-office, and then
there was no doubt but that it would go safe.
[The letter read.]
" London, 4th December, 17P2.
" No. 10, High- street, Marylmne.
** Sir ; — Honoured with, and happy in the
confidence of a number of my countrymen, 1
liave their request to transmit tfficiaUy to his
majesty's ministers, two addresses joined in
one, and containing to^^tlier the reasons why
we have associated for a parliamentary re-
form, and the legal and peaceable methods hy
which we hope to maintain it.
"So sanctioned, I must also inform yoii
that this letter, and these addresses, equally
speak tlie sentiments of some thousands of
industrious citizens, in this capital ; and of a
far greater number dispersed throughout the
island, there not being a single corner of it
(Rotten Boroughs excepted) but cries aloud
for reform,
" Confiding in the justice of our claim, in
the merits of our peaceable demeanour, and
our ready obedience to all the laws of our
countr}', we imagine ourselves clear from all
charge or imputation of sedition, rebellion,
conspiracy or treason ; and that in pursuing
what no one can deny to be our right, we are
entitled to everj* protection and support of
governnrient.— I 'therefore, in behalt of my
lellow citizens, this day call upon the king*s
ministers to protect and uphold us in the pur-
suit of our constitutional rights; and require,
that in future, our lawful and well regulated
assemblies, may be no more disturbetl or in-
terrupted! by the saucy interference of usurped
authority, by men unnamed, working with
threats upon the fears of uninformed juibli-
cans, and boasting of secret orders and w;u'-
rants— as though Britain was fallen under a
despotic government, and hahle to be ruled,
not by laws, but by proclamations, and to be
subservient to ministerial dictates, written on
a drum head, and proclaimed by the mouth
of the ciuinon.
" Kqually known by his activity as by his
knowltMlge of the laws, an honest magistrate,
whoso */)iVs liad well informed him ot the na-
ture of our meetings, has acknowledged that
they wore ;)«rtcviiWr, innocent, and cosstiti-
TiONAi.. and further admits the necessity of a
reform : -at ymir hands, sir, I therefore, d«>-
mand justice ami protection for the society
against all rutVuns, who, let loose on the
iniblic, have dared, or shall hcncefbrwani dare,
like the sitdiiles of anciaii wuiffutmij ty»
Trial of Thomas Hardy
(778
rants, assume to themselves the double office
of making laws and executing them. Cert^
that such an iniquitous system cannot orijp-
nate in a British cabinet, we exclaim^ nugf
perdition light equally upon such vile miscre-
ants, and upon their employers !
'* Were we, according 'to the hackneyed
custom, to recur to prec^cnts, we should say,
that Mr. Pitt, and the duke of Richmond, have
themselves traced out the path which we
now pursue, that the^r themselves haTe as*
sertcu the rights of Britons, to a fair^ equal,
and adequate representation in parliament-*
that they, themselves, had invited us to asso*
ciatc and discuss our rights; and we might
add, that in so doing, they spoke, they acted
like honest men they were not then in
office.
" But the Rights of the People being ever
the same, such precedents and such support^
ers are superfluous. However, as things seen
through tiie medium of power, have a veiy
different aspect from what they wore when
those worthy gentlemen were on the other
side of the question^ it is not altogether im-
probable that sctverities may be h^ recourse
to, to quell that desire for reform which they
themselves have r^sed. — Should that be the
case, I beg it as a favour, or rather, beins in
the foremost rank, claim it as my right, mat
the attack may commence upon me. When*
ever extraordinary measures may be adopted^
I earnestly wbh to be the first of the society
in feeling the eficcts of them, and shall deem
it not a proud, but an honourable day, in
which I shall be called upon to plead the
cause of my fellow citizens against oppsea-
sion.
*' Claiming protection, I have a right to
your answer, cither to refuse or to grant it — in
either case it shall be mailc public — as shall
also Your silence, should you not attend to
this letter, expressing the request of many
thousand citizens. Our country bhall then
judge us bolli. — I am, ^ir, your very humU»
scr\-ant,
*' MAURICE MAHGAll()T,Chainnai^
to the committee of delegates of the^2
London Corresponding !>ociety, unite^^
with a view of obtaining a thorough par-— ^'
liamcutary reform.
•* The honourable Uenry Dundas, secretary o^^
state for the home department, &c.
" Delivery at the General Post-ofliee.^.--'
" Witnessed 5th December, ITOa.**
This was directed to be printed ? — ^Ycs,
And this was one of the copies that were ^
J printed ? — Yes ; a motion was then made Uy^^
' recommend to the committee to consider the ^
ca:^ of all members being prosecuted, to be '^
supported bv every division, and a committee -^
was formed for that purpose. — ^Division, No.
I 1, reconimended, that it be represented to
the public^ that confusion may be expected*
but that if riots ensue our societies wUl aidtiw
miliitnitci^ and thai copies be Mat to ^
773]
j€(r High Treasm.
rinagUtrates; but take care that we say that
tbm is not the least disposition appears of
.commlttiDg any riot, and that we will perse-
vere in a parliamentary reform. If tlie pro-
secuted person is found not to have been rash
in words or in violence, a proper person to
protect by the society.
Lord Chief Justice Eyre, — What was done
upon this ? — I do not know that there was
Any tiling done, there were many things agi-
tated in the committee.
. Lord Chief Justice E^re, — ^I'his was a re-
eoinmendation from the division to the com-
mittee— what did the committee do upon it P
—It was approved of in the committee, but I
do not recollect that there was any thing
done by the committee in consequence of
that recommendation.
Lord Chief Justice Eyre. — Have you any
memorandum of its having been approved ? —
It was approved of, if it had not been ap-
proved I should have made a memorandum
at the time.
Lord Chief Justice Eyre, — ^You know if it
was carried into execution there would have
been copies to l>e sent to the magistrates ;
was there any direction that copies should be
sent to the magistrates.^ — There was not.
The delegate oi division, No. 2, desires to
.bring forward the cards in red print, and to be
oval.
One of the Jury.— What are they ?
Ur. Bower, — The ntw tickets.
_ Lynam. — Each member to give up his old
ticket, or to be admitted again anew, paying
up his quarterage, and to allow no member
but what pays up to the quarter — to be bind-
ing to all the divisions — not to be allowed
tkiLets till the quarterage be paid up— received
two letters, one from Norwich, signed Cozins,
•ecretaiy, saying, Uiat there were meetings
held there as well as at other places to sup-
port government ; and they ask in tliat letter
whether the London Corresponding Society
signed at those meetings for the support of go-
vernment; it was directed by Mr. Margarot
that this letter should not be taken notice of
to any of the divisions.
Sign what? — Sign to the support of govern-
ment
Lord Chief Justice Eyre. — Was it resolved
that it should not be conmiunicated to the
different meetings? — It was upon Margarot's
pfoposition. Tlien tliere was a letter dated
the 16tli from i'ai^ley, that they were willing
to correspond with us— twelve societies formed
in August for a parliamentary roform. Then
tJiere wasa letter Irom Kdinluirgh, uf the 11th
f>f December, to call a convention of all Scot-
Jand, to be of the same opinion ; the title of
tJtmi society wa.s, '* The I'ricnds of the Peo-
ple.'' Archibald East liodge, president ; W.
Ileedy secretary.
Lord Chief Justice Eyre. — Is this the so-
ciety Ihst wnjtc the letter? — Yes; it was re-
copmiended by several delegates to corres-
pond with the Fri^s of the Feoplci at Free-
A. D. ITD*. 1.774
mason*s tavern; their letter saying, that they
would be very glad to correspond with them
as they are in the same way of parliamentary
reform, wrote by Margarot to Mr Stuart, No.
15, Frith-street, Soho. The next is a division
meeting, No. 83, Crown-street, the 18th of
December ; nothing passed there. The next
meeting is the 20th of December, No. 31,
Compton- street, a niceting of delegates.
Mr. Bower.— Uovi many attended I* — Eigh-
teen delesates met.
Was the prisoner there ? — lie was ; two
members deputed from the Constitutional
Whigs to know if the London Corres])onding
Society would address the Fxiends of the Peo-
ple. Baxter recommended to take his case
mto consideration, he being prosecuted for
his resistance at the meeting at Shoreditch
church. Division No. 12, recommended to
petition parliament before Mr. Grey brings in
his bill for a parliamentary reform.
W^s Baxter supported ? — He was not, but
his matter was brought forward afterwards ;
inquirv was made, whether we corresponded
with the societies formed at Ipswich and at
Woodbridge, the answer was, no. Mr. Mar-
tin recommended not to publish any thing,
the times won't do; he says that you cannot
oppose the treasury. Then Baxter brought
forward a motion Irom his division. No. 16,
for the delegates to consult and to determine
whether they will sign the Crown and Anchor
address — it was determined to be left to the
discretion of each individual, but it was re-
commended to avoid sieiiing it if pcissible.
Lord Chief Justice Eyre.— Do you know
what address that was ?— It was the society
at which Mr. Reeves presided. There was
an answer sent to Cozins of the Norwich So-
ciety, by Mr. Margarot, that we will not sign
any'of the meetings, and desired them to find
out some way of communication ; they sent
a reply, that they had sent five guineas in
order to have Mr. Fox's speech sent down by
the Expedition.
Mr. Erxkinc—Whiai spoech ?— In the
House of Commons.
Mr. AVj/circ— Upon what occasion ?— On
a parliamentary reform, and to send them by
the Expedition. Thry arc to publish some
hand-bills, and show that they arc not dis-
heartened, and are determined not to sign but
persevere. Five hundred copies of iMr. Fox's
speech ; fifty of Margarot's letter to Dundas ;
fifty of John Bull to Thomas Bull were tent
down. A motion was made by divihion Ifi,
tliat each division present a ticket gratis, to
any soldier that will he asrrcablc to enter, but
caution ihcm at the s;imc time when they
were admitted of the «l:ingrr— this was not
agreed upon, hut rclrrred fur a week.
Mr. Bmrcr.—iH that of the same date, the
20th of December :*— Yes. A motion from
division, No. 24, th:itil is the opinion of tliis
society, that tliis society do pul>lish our de-
termination, and our readiness to assist Iho
magistraUSi and that we would persevere iu a
V75] 35 GEORGE HI.
parliamentary reform— agreed that Margaret
do draw it up against the next meeting. There
came forward a petition from WiilHun Carter,
who was employed to stick those bills up,
that he had lost a place of twelve shillings a
week.
Do any directions appear to be given in
consequence of that ? — He says he was con-
fined three days and two nights, but Martin
says only one day.
Mr. liawer. — You have omitted there some-
thing respecting Carter, look back to voiir
minute of the 20th of DeccroberP — No, I have
not-— it was referred for a month. Martin
was employwl for the defence of William Car-
ter, and there was a subscription then made
for thai defence; at that time division, No.
19, subscribed a guinea and a half; No. 18,
fifteen shillings ; No. ll, five shillings. There
was an intimation at that time that Ridgeway
would publish any thing the society should
Bcnd to him— he mentioned the duke of Rich-
mond's letter, and said that he would print
that or any thing they sent.
Information from whom? — Some one of the
delegates. Baxter*s business was brought
forward again ; Martin informed him that
his recognizance was not entered at Hick's
Hall ; he was ordered to withdraw his recog-
nizance himself, and then he could not be
held himself again to bail in that action, but
there was not any thing done in that ; it was
then said that Mr. Fox had gone as far as we
can expect, but we do not look upon him to be
more honest than others, and think he has
been forced to avow himself so strongly in the
House, and it is necessary to have ahead.
Necessary to have a head for what ? — To
the plan that was carrying on— it alluded to
the whole.
Mr. Erskine. —-Il2ivc you any note of that
last ob.*»crvalion— who made the last observa-
tion ? — Margarot. Gay, a printer, belongs to
the society, but he denies it; he employed
William Carter to slick up the large bills" in
the morning, instead of the everiiiig, wliicli
was the reason why he was taken up — this was
reported at that time by Martin. The next is
No. 3l,Conipton-slrcct, 'J7tli of December, a
mcctinj; of delegates.
Was I he prisoner present? — lie was pre-
sent. It was then recommended that each
delegate take the opinion of each division of
the propriety of admitting soldiers, and upon
what terms.
One of the Jury. — Was this a nieolinj:; of
delejjatcs ?— Yes— Ihc next meeting was a
meeting of delegates. No, 3 1 , Compton ■ street,
on the 3d of .lanuary, 179:J: Marsarot, rhoso
president; Ilardy, secretary; Field, sub-se-
cretary.
Was any thing done there ?— It was
proposed that each member should pay a
penny each night if he introduced a visitor, to
pay at tlic division he attends, and then to be
discharged, paying at his own division. Mr
Durant, a stranger, acquainted us of Thorn-
ton's dibtre&s«
Tfial of Thomas Hardy
[776
Who was Thomson ?-~A man that Ihred Vf
Coventry- street, I forget the name of tte
flace; he was gone ofiF to France at that tine^
think.
His distress upon what occaskmP— The
wife's distress, m consequence of his beiag
obliged to leave London, being one hekmging
to this society, a very violent man, and he was
therefore sought al\er; it was repreaoiled
that the rent was not paid, and that she was
quite distressed with three children, Thomssn
gone to France, the rent owing, nine jniineas
—Mr. Harvey, an attorney of the Tero|rfe^
her friend— sixteen delegates met, and col*
lected in the whole 12s 6flf. for her, and it wu
to be recommended to each division, hut«s a
body they do not assist any body— There was
I a motion came forward then, for a declardtion
to tlic pubhc,but objected to by two diviswns,
saying, power supersedes the laws, or, aa it
suits them, leaves those laws dormant— rather
have a constitution without a king than a king
without a constitution.
A declaration of what ?— 1 have not got it
down here, and I do not recollect what it was :
it was some declaration to the public— rather
have a constitution without a king than a
king without a constitution : — ^This we say,
if r^uced to be republicans.
Lord Chief Justice Eyrtf— Who proposed to
publish that declaration?— This was a matter
that was brought forward by some one of the
delegates at the meeting, upon every thing of
that sort that was proposed, the opinion was
taken of every delegate, «inc after another,
and in the course oftaking that opinion, there
were two of the divisions, or two of those de-
legates, thnl objected to it.
Lord Chief Justice Eyre.— Did that stop
it ? — 1 do not think any thing was done in it
Lord Chief Ju<.lice Et/re. — Was it according
to the course of the business, that if two di-
visions objected, the measure was stopped for
the time .^— No, only by the maiority— Mr^
MargJirot then reported, that we bad had nc^
letters for two months, except one he had re-^
reived that day, but the seal was opened an^--
it was bcaled again ; it was then mentionecff^
there were five delegates from the Komac^^
Catholics, that they were of the same mean-**"
ing with u.s, and it was agreed to try and scc:^
if wc could not settle a correspondence wit):^^
them. ^
Mr. Bower, — Five dele^tes present thal^
day? — No—it was reported that they were \x^^
London, Irish lloman Catholics,
Dclecjates from Ireland } — Yes, then in Lon '
don --'Ihe next is the meeting of the divisioD^^
No. 23, Janiiarj- «; I have it down here,tha^^
t!ur declaration) which is, I suppose, the de— — "
claration mentioned before; that division met?^
at No. S3, Crown- street, Moorfields.
Was the prisoner ihere ? — No ; I have solP
down here, that the declaration ; it is tiicp
opinion of this division that it should be re-***
jected— it was agreed, likewise^ not to-addres.'?
the king «t all.
777]
fat High Trmsoft.
Ja thdX ai dedaratkm of the principles of the
■ociety ?---The declaration mentioned in the
huX meeting, I cannot tell what it was ; it was
said thaX Mr. Grey would not bring forward
bis motion for a reform, unless petitions were
sent to parliament ; agreed to peliUon parlia-
meotby all meaiKs, ami not to address thcra.
Mr. £rj/ciiie.r^Uepeat thatP^Unless tlie
•everal societies petitioned.
Lord Chief Justice Eyre — And they agreed
to petition by ail means ?-~Yes^Thc next is
a meeting of the loth of January I79S, at
Ko. SI, Old Compton-street, seventeen dele-
gates attended ; the declaration was ordered
to lie upon the table ; then it wasagrced upon
that no written papers should come to a meet-
ing of delegates but by a delegate, or through
the treasurer or secretary ; carried unani-
mously.
Mr* A«per.— WusMr. Hardy there?— Yes;
I do not remember Haidy bemg absent one
night; Mr. Margarot then reported, that the
country correspondence did not shine.
What do you mean by shining ? — ^That there
were but very few letters—lie reported that
he had sent a letter to the Friends of the
People at Free-Masons' tavern ; the answer
was read on the 16th of December, accepting
our correspondence, that a reform by perse-
verance will be obtained.
That is the answer from Free- Masons'
tavern ?---Y€s ; and that they revered tlie
constitution for protecting persons and pro-
pert^r, and recommending us to be careful not
to mix foreign politics with home politics, and
to avoid foreign correspondence, by which
means they would prevent the imputation of
levellers, and would prove that we are other*
vise inclined ; signed, D. Stuart, secretary,
No. 69, Queen- street, Dean-street: it was
then remarked that this society never had
brought forward their principles, and it was
determined not to correspond with them ;
Mr. fieU, one of the delegates, in consequence
of the remarks that were made upon this
letter, made this observation :— Our addresses
lo the Convention of France, prove, that we
mean their laws here.
Was that assented to or dissented from, or
what was the conduct of the committee upon
it?— It was not objected to ; it was approved
by all the tncctiiig.
Recollect whether any person present made
any observation upon *thatf — Mr. Marearot
Hid, no doubt ; but there was not any body
elee that objected to it; it passed with the
silent assent of the rest of the company.
Did Mr. Margarot sav any thing else as to
what should be the conduct of the society ?- -
At that time they were under a good deal of
difficulty, bcinp disturbed in their meetings,
and a vast deal of very strong ]an«^uagc had
been held both then and at former times, and
afterwards too.
You do not recollect whether lie said any
thing more than that? — Not paiticularly; it
%as obscivcd by some, one of the delegates.
A. D. 1794. [77S
that Mr. Pitt's plan to add a hundred mem-
bers to the House of Commons would not do,
for that would still give them more advan*
tage, and keep us from a proper reform ; Mr.
Gerrald then said, he knew a person of the
name of Dolon, who was secretarv, and one
of the Irish delegates too, and that he was
gone off to Ireland ; that he knows his ad-
dress ; he explained to him our endeavours, of
which he approved, and he proposed to cor-
respond with him ; he said the Cathohcs had
succeeded entirely ; Bell had a firiend that he
knew, whose name was Devereux, one of the
delegates, and he agreed to correspond by the
post— however, that was said to be dangerous,
as no letters go through tlie post4>ffice— That
is the whole of that meeting. The next is the
14th of January at Mr. Hardy's— Mr. Hardy
had sent fifty ot our addresses, and twelve of
Keirsant's speeches.
Keirsant's speech where ? — In the French
Convention.
Who told you Mr. Hardy had sent them ? —
He said himself that he had sent fifty of our
addresses, and twelve of Keirsant's speech in
the French Convention, to different corres-
pondents in the country.
When you speak of addresses, what do you
mean ?— I mean of the original address of the
society.
Lord Chief Justice Eyre.— This a-as a con-
versation at the prisoner's P— Yob, I called upon
him ; this I haa from him at his own house in
conversation. The next is a meeting of dele-
gates on the 17 th of January.
How many attended ? — I fancy I shall come
to it afterwards.
Where was that meeting? — At No. 31,
(Mmpton- street ; it was then reported, that
nineteen of the divisions were kept up at that
time ; it was then agreed upon to debate, and
to consider whether or no the age of eighteen
or twenty-one was the most proper age for
allowing of voting for a member of parlia-
ment, and one reason given why eighteen was
the i^roper time of life to have a vote, was, it
was mentioned that they were liable at the
age of eighteen to be militia-men— A motion
was made by the delegate of division 18, to
appoint a committee and report Carter's case,
and his family, and of the money necessary
for their support: division No. V2 recom-
mended to consider of a public meeting to
discuss a parliamentary reform, but that was
referred back again; the delegate of No. 15
recoinineiided the society's addresses to be
given, live to each member, for the purpose of
deliverin": theiii out to the public ; the dele-
gate of division No. 4, made amotion, that
the thanks of this society be conveyed to the
muyor of Olasgow, a society at Durham, and
a society at Dundee, for uniting with us in
our intentions, and that it be recommeuded to
correspond with them ;— sixteen delegates
met ; a petition from Carter presented— he is
sentenced to six months imprisonment, to pay
a fioo; and find sureties; it was a remaclL^^
779]
35 GEORGE IIL
Trial of Thmoi Hardy
[780
Marearot% that it was supposed it would be
for fife; a committee appointed to inquire
into the expense of iiis defence, and the man-
ner tfi which it had been conducted by Martin ;
a motion then was made, for all the delegates
to meet every Saturday evening for public
conversation, paying a-penny each for the
room— a^ed to, and to be when Carter's
business is done ; this public conversation was
to discuss politics for the purpose of inform-
ing themselves of the situation of the then
times, and what steps were pursued in the
House of Commons. The next is January the
17th.— A letter from Norwich, that they ad-
mired our spirited conduct very much*-that
they wrote to Mr. Grey on the 11th instant,
and to the Friends of the People— the Friends
of the People propose a mild reformation —
Ihcy want to know if they are friends — that
the societies are numerous, and in the countrv
the magistratespreventtheir increase; signed,
Blako,— that is, the letter received was signed
JRlakc : — Benjamin Hobhouse,* esq. at &ith,
had formed a society agreeable to ours ; he
advised us to point out a conveyance, and he
would inform us how they went on— it was
agreed to send a letter by the post— if it was
not answered, then to send to a Mr. Richards,
booksrllcr, at Bath ; then it was recommended
to correspond with the Societies at Norwich,
througli the means of tlie Bell Society.
What is ^e Bell Society ?— Some societv,
I believe it was at Norwich : — ^January &4th.
No. 31, Compton- street, there were two gen-
tlemen came with a petition, which was drawn
lip, as it was supposed, by Mr. Harvey of the
Temple — one o\ them was a delegate, who
formerly had been delegate for No. 11, saying,
Mr. Thompson's house had been searched in
the dead ot the night — Mrs. Thompson relies
upon our support, as promised —it was then
determined that no such promise ever had
been made tu her — she wanted assistance to
po to France — Hardy said, he had given her
'J/. K')v. (3c/. on the 5th instant, and then she
thanked hiui — Martin thought it should be
rejected, but it was agreed to — Martin then
reptaled, that he had an ex-officio from the
attorney-general, and he might be as much
an object of the support of the delegates, and
of the (hvisions, as she ; upon Martin's exa-
mination, lie drew up a long brief, and showed
it to Mr. Vaughan, who had no objection to
defend it — afterwanls he s=aid it ^vas indelicate
to defend it, it being his own writing, and he
wislied it not to be known — it was recom-
mended to apply to Mr. Erskine, but he de-
chned it — then Mr. Garrow was applied to,
he was found averse — then it was recoui-
mended to Mr. Fielding, he declined it — then
Mr. Warren undertook it — Martin said, that
Grant was the sole cause of Carter's punish-
ment, he had got the manuscript of the bill,
and he declined looking for it^Martin wonted
tusee it destroyed— it was then determined
* In iai2 created a baronol.
that Field, the sub-secretaiy, should apply lo
Grant, and if he did not give it up, that he
should be expelled the society, and then he
would be expelled as our honorary visitor at
the Crown and Anchor tavern.
Lord Chief Justice Eyrt, — What mamiscript
is that ?^The manuscript of the bill, which
was stuck up by this Charter, which he was
imprisoned for : it was mentioned then that
Dttleiohn, likewise, was an honorary member,
and that he would also be expelled ; Martin
then said, that he had seen Carter, who sud
that he bad got, in his pocket that which
would do for the delegates — ^It was then de-
termined that he should not receive his
guinea a week after this, unless he asked
pardon, and the manuscript was given up by
Grant.
Mr. Bower, — ^Who should not receive a
guinea a week ? — Carter should not receive a
guinea a week which he was allowed by the
society. Motion from division 1G, to address
a letter to the Friends of the Liberty of the
Press, for their exertion at the Crown and
Anchor, the same people as met there under
Constitutional Information. A letter from
Norwich to be answered, but it was not read.
A letter from Richter, saying he dare not at-
tend us, but that we may depend upon his
being a friend : he carried the address to
Grant. The delegates are to meet next Thurs-
dav. No. 8, Queen street. Seven-dials. The
delegate of the division (I think No. 5) is
going to France, and he has got some copies
of T. Paine*s works ; he received a letter on
Tuesday night from a friend at twelve o'clock,
saving, '' a hint to the wise, you will all be
taken up.*'
Was Hardy present ?— Yes. The next is a
meeting of delegates on the 31st of January.
A motion brought forward by the dcle^te of
division No. 1(5, which was Baxter, wishing
that six-pence may be paid only to the society,
and the other seven- pence to go towards the
expense of their room, it was agreed that this
might be a ver^' proper measure to be adopted
for poor divisions; it was particularly re-
marked that at that time the people round
Spitalhelds were exceedingly numerous, and
supposing that they should come to any open
resistance these were divisions that ought
particularly to be encouraged.
Mr. iiojiV-r.—Iiepeat that slow ? — A motron
was brought forward by the delegate for No.
16, Baxter, wishing that six- pence (a quarter,
it should be) may be paid only to the society,
and the other seven-pence that was paid, to
go towards the expense of their room ; it was
agreed that though this might be vcrv proper
in all poor divisions, it was remarked at that
time, and it was assented to by the whole
meeting of delegates, that supposing there
should be an opposition, or tnat the two
parties in fact should come to ao open de-
claration, an open rupture, tliat it was abso-
lutely necessary to give encouragement to the
diviaions meeting in Spitalfieldsi for that they
781]
Jiff High Treason,
A. D. 1794.
[782
in general were very poor, and very numcrousy
and it was very neccssaiY to keep tliem tc^e-
tbcr. There was a good deal of conversation
upon the necessity, and the propriety of it.
Have you all that in your minutes ? — It is
from recollection that I s|^:ak this— but this
is the meaning of what was agreed upon b^
iJl the delegates tliat met at that time, but it
was particularly first of all mentioned by
Baxter.
Lord Chief Justice £yre. — How much of it
have you a minute of? — 1 have got no further
than that it was agreed by the delegates that
this might be very well in poor divisions, the
other is recollection which I remember per-
fectly well ; 1 have made a remark before of
these divisions, that tliey increase so ^st, Uiat
they were well satisfied that, in these divisions
alone, very shortly they would have as many
in number as there were in number in all the
other divisions besides, A motion was made
by tlie delegate of division No. 7, that Mr.
Iaw*s letter to Mr. Reeves, giving liis reason
fer witlidrawing himself from them, be pub-
lished, to show the infamy of their proceed-
ings, that the society was falling away very
mt; but this motion was rejected, and in-
stead of that, to publish extracts from *< The
War, or who pays the Reckoning?" deferred
the selection tor one week. Our letters to the
Ttiends of the People, are directed to Mr.
Bjrng, chairman of tlie committee, they have
directed tlieir secretary to answer it— their
answer is to keep from foreign politics, to
keep good order, and by petition we may suc-
ceed.
Ont of the Jury, — Whom is that from ? —
This is only giving an account to whom our
letters were directed when they corresponded
with the Friends of the People, there is an
answer at this time wherein it advises us to
keep from all forcijgu politics, to keep good
order, and by petition we may succeed ; this
was answered by Maurice Margarot, saying
we mean to proceed orderly, but you arc not
explicit.
bid Margarot say any thing, make any ob-
servation as to the committee of delegates ?
—Yes.
Lord Chief. Justice Ji^re.— Does your minute
purport that that reply was produced at this
meeting of delegates, that it was produced
upon that day? — I will not be confident of
that
Lord Chief Justice Eyre. — Go through your
minute and see what it is? — It was answered
by Maurice Mar<{arut, saying, we mean to pro-
ceed orderly, but you are not explicit.
Mr. l!lr$kuic. — Do you mean aii^twcrcd in
writing ?— Ill writing; tlicre wtrc several let-
ters that were wrote by IVIar>;ak'ot himself
without being shown to the dclcr;ates, and
mfler he had wrote them, when he came to
.the meeting of delegates he reported that he
had wrote such a letter, and he gave tlie heads
of such letter. He said to tliat societv, but
yuu are not explicit, and he requested tliat
they would be more particular; youir concur-
rence will assist us, but we want to know how
far you mean to go in the design ; then a re-
mark was made that we are very apprehensive
of creating a breach between them, as is the
case between them and the Constitutional
Society ; there was a g«3od deal of conversa-
tion in consequence of that letter, that the
Society of the Friends of the People did not
go so far in their idea as the London Corres-
ponding Society and the Constitutional So-
ciety did, for all along it was .held as an in-
variable idea that eventually it must come to
a stru|i^le.
Lord Chief Justice Eyre. — You are not
speaking now from a minute P— From my re-
collection of what was ot^en repeated. -
Mr. Bower, — Do you recollect Margarot
saying any tiling at\er this reply that he had
sent to the Friends of the People ?— Margarot
stated tliat there was a disunion between the
Constitutional Society and the Society of the
Friends of the People; but 1 cannot say I
recollect exactly what was the reason of it.—
There were thirteen delegates met that night.
—A letter from Sheffield of the IGth of Ja-
nuary, 1793, signed, David Martin president,
Horsefall secretary, recommending a commu-
nication with all the societies in the kingdom,
to form a constitutional meeting, and all to
agree upon the same thing — asked how far we
mean to proceed at this time — A reform nuga-
tory, unless universal right is established, and
they advise a general petition to the House of
Commons, on the present inadequate repre-
sentation— they want to know if the Friends
of the People are true friends-— Marearot says
we are getting on too tlist again, and that pe-
tition was not the mode.
Was that an observation he then made, or
your own observation to the delegates ? — His
observation to tlie delegates. — Margarot sakl,
petition was not the mode ; but at the same
time it was agreed upon by him and the rest
of the delegates, that petitions should be pre-
sented for the sake of keeping the public
mind agitated with a reform. It was then
recommended that all the divisions should go
to No. 52, in Frith-street, and sign the ad-
dress of the Friends of the Lilnirty of the
Press ; — that is, every delegate was to recom-
mend it to his division, at the next meeting.
-—In the course of the meeting, Margarot
made a remark, that our address to Mr.
Reeves was not liable to any punishment, or
he and Mr. Hardy would haVe been taken up.
Margarot ^aid, he mrant to invite sir Samp-
son Wright to his division, or any one that
he might send to the divrsiuiis, to show the
lecalily of them ; th^it i>, the whole of \\\.\l
mectinjuit (U:»ec;at('s. '1 ho iit-xt lliat I Iv.iw
is only rojiorls at llu' division** iii;ulc hv
meiuhVrs nl diilrrent tlnici.— On the .'ilh oi
Fehru'iry, in Crown-slret I ; tl.i> Is
lAiUl LhiLt JuMi<r Kyrr.- niil ymi .Utrnd
no Ic-ntjcr a*i a flrlcyatr-- Vr**; this is a
mcctuig o» the Division No. rx -Bainbtidgii
78S]
35 GEORGE III.
Trial of Thomas H»fly
[784
read a minute that there are sixty friends to
the cause, who decline at present meeting the
society ; but they are good friends, and sin*
cerd^r wish them success ; and some of them
say, if they want money, they are ready to
eontribute.-<-He says, there are certain reli-
gious societies in the kingdom, almost in
every town, whose sentiments lead them
strictly to republicanism ; they are numerous
in Birmingham, Leeds, Liverpool, Bristol,
Manchester, Hull, Derbyshire, and particu-
larly in London. The society in London are
just now beginning to organize themselves
agreeable to the prmciples of France — their
meetings are Mondays and Thursdays. — It
was then said that Tom Paine's Works had
been published in Sweden. — ^The next meet*
ing was on the 7th of February, of Delegates,
No. 8, in Queen-street, Seven Dials.
Was the prisoner there P — He was. At
this meeting it was proposejl that the surplus
of the quarterage of the different divisions^ if
there should be any, should so towards paymg
the deficiency of Baxter's division, No. 16,
for their room. We must preserve the divi-
sions No. 35 and 16, being poor, they will be
of great service if we go to war. — This was an
ob^vation from Margarot at that time.
No. 25, and No. 16, were, I understand,
the Spital-iields diTisions? — They are the
two Spital-fields divisions.
Lord Chief Justice £yre.-— Was the expres-
sion, war f — ^Yes.
Lord Chief Justice JEjfre.— Was there any
explanation given of that expression^ — ^I'lie
explanation that was given was thiiii — It was
understood
Lord Chief Justice Eyre, — I did not ask
how you understood it, but whether there
"Was any explanation actually given in words,
At that time, by any body, of what was meant
S' war f — ^I'liat the country would rise against
e present government.
Mr. Bower. — Who said that? — Margnrot.
^ Did Margarot say that the country would
rise against the present government, or did
he use the word trar, and you understood that
'he meant by that, rising against the govern-
ment of the country ? — He made utic of the
tetm war.
And you understood he meant that?— Yes;
and it was mentioned by several of the dele-
gates, that it was eventually expected that
there would certainly be a rising in the
country.
Was there any conversation of that kind at
the time when Margarot made use of that
expression ? — Yes ; it was taken up and spoke
to by several of the delegates that ni^ht.
Mr. ^rsA'ine.— Have you any note ol this ? —
I have not ; but I remember it perfectly. — A
letter sent to Bath has been gone fourteen
days, and no answer.*-No letters received
this week.— A Sheffield letter of the 16th of
January, 1799, by order of the Society for
Constitutional Information, conveyed to all
societiesy they request to know how &r they
mean to go— it is their opinion that we shouU
be of one opinion to petition parliament thn
season — it will give strensth to the cause.—
The restoration of the right of election not to
be under twenty-one — by doing this we shall
know how far we can support Mr. Grey's mo-
tion this season — no time to be lost — Hardy
proposes a delegate from each division of the
society, tu agree how to proceed — Mr. Fox
has said in the House, the people have aright
to alter the government when they please—
the Scotch have done it, and the Irish.-«The
London Corresponding Society was first formed
to send a delegate to all the other sodetiet,
to determine the best way of reform.
Lord Chief Justice £yre..-.You sidd thai
Hardy proposed a delegate from each dWu
sion ?— - That is, to agree how to proceed ; that
is another thing — next follows Mr. Fox's ob«
ser\'ation in the House of Commons.
Mr. Hnwer. — ^Who states that observaUon
of Mr. Fox*s — I do not know ; it was ob-
served ; and the same with regard to this, I
do not take upon me to say who particularly
said this.
What is meant by first formed ? — is it de-
scriptive of what was the intention of tlie so-
ciety when first formed? or what is the
meaning of it ? — It is simply an observation
that was made from one of the delegates^
saying, that the principles of the society first
of' all — the intention— was, for a reform in par-
liament.— ^The Friends of the IVoplc in the
Borough yet exist ; and it was dcternuned to
communicate our letters to them and all other
societies, and inquire their inlciilioiis. — It
was then agreed that a circular letter shoiiM
be sent to all the socio lies in London, to meet
two or three from earh, and come to some
determination. — ^The question to be debalcil
at each division, was, what is the best way
of proceeding ? — This i> to be done by ad^xr-
tisement in Saturday, Svinday, and Alouda>'*s
papers, tliat it will bo discussed the next
night at each division, and that theie arc to
be six advertisements — fifteen delegates met
— It was then determined to write to Sheffield,
and to inform ihem that we will answer thena
very shortly, how we meaii to proceed.— The
next is the 14th of February, 1793, divisioD.
No. 12, met at Mr. (lodfrey's, an attorney, ia
Fore-street, and chose him for delegate ; but
we rejected him, being Uird George Oordon*^-^
attorney, and agreed to reject all connected
with him.
Why did they reject him on that account r*
— ^They were determined to have nothing at
all to do with any person tliat had any con
nexion with lord Oeorgc Gordon ; • and the^^
division No. 1'2, had a person of the name fi^f^^
Watson, supposed to be secretary to lord — •
George Gordon, that attended them ; and it:^
was intimated that lord George Goidon'
by some means acquainted with what
* See his cases in this CoUectiini, Vol. 81^
p. 485| and Vol. S2, p. 175.
J on i that he mtdc use of this Watson
J %rajf of bnrigiog forwnrd di'^t*-^^** Oungs;
thev coaceivL'O he wuuld be ^ ^^0lDep
AOd that if his name was cohhl .l,; illi the
Corrcspouding Society, it would make them
"^^ tspectlul in ihe eyes of ihc public ; they
^rdoctedhim. — Division No, I'i to raeel
Wedntflday evening* at the Crown in
^ >-»iieel ; but if refused at the Crown,
to go^'lo Robins' 9 coffee- hou»€ in Shire- bne»
i»ho would take in any of the divisioiiA. — ^To
ht coaflidered ne^t meetin^f i^bether you pe^
titioA parhainent — tliiit will engage thepubhc
attcnUon for the present.
Lord Chic I' Justice iJyrf^'— Doc- ' - ^rar
whether t!vcre was any d<: legate >t
' rrc was no farrlier prucet.i*ui^ ui^tju
ju6t renmrkin;;, that it would be
tocoine»'» -» fl'irrrnivniiion at the
meetiog of < .iier it was
Vie to the d I L^ iks to petition
iit*-Thii was m mccUng of the de-
( Chief Justice Eyre. Whom wa*
Jfrjcclcd by ?— by tlic delegates, or by
1 di vision ? — By the delegates, — Agreed
BCDand a conference with tlic ConMitu-
I hocicty — they are drawing rip the state
^^ibtjepreseDtation, *jnd are i^cin^ nb far as
' :' '■ ' ^0 not go so
\ go so far.
ifluviii ouviLit ^tiy lut) are ibr re-
Wiial h 1>ecome of tlie Hot-
Society f— It is broke up; and the
part of the mcml)ers have joined tfie
iding Society since, — The Ald^te
now culled the 13other'eni society
society is since broke up. — ^Tbere are
aix societies in London to confer
lt»e Friends of the People have not
f>^wfrf?<l our letter. — A letter sent to the
; lI Whigs at Sheflield, saying, wc
neral conference, and bhall write
ihere arc two ^icietiessit Norwich
Ibo Constitutional .Soiicty wrote
,,, ,,.,,1 .^f^titi Uiem we ture
AOu ' general opinion.
Jrr.tinTi rU lh(
ed Mr. Fox for hitt f«peech, snymg that tiid
^^Tlnef
ru the
Lined in your letter to the
i:h? — Tin!* in what was
\ hy the uin i < dele^ales, to be
fcby en^'h df'Irjr ! it division^ tocon-
'wlv uuid do ut that time; and
k Hla^ (|ue^tinrit — tirstol all whe>
petition II or whether
lUon the , i, or whe-
ni i1 A convLhUiiit, to be sub-
L t gates. It wail remarked
^m he an well to decline coming to
i tiU the wlioln nation are
Ei»T!ieii Mari^srot say*, f^Mih'r t^^-
femoostralCf it would i i*
-that fittishea liis observa u i i i _ n
ItliAt the iUagBic Miciiely hadtluudc*
l3tXlV.
III '^^-rrrrrT niir
Crown-street — H
r constilutKin wttboul
r it— that i» the society
^ r, and cHlIti] ilu^ Bo*
OCX I
c l9Ui
was air I
IS
of
Te, upon
the question, which wat* i _ ' age foe
election, eighteen or twenty-one-*lhere was%
gr^t ditference of opinion in the raveling —
oncwati for eighi- -►ne^
anctone tor neit ., —
Printed copies o Ml te ptUUoo lu partiamcnt
to be diulributcd amongst ttie pubUc — ^that
means that they had come to a determinatios
to petition parliuiuentf not to petition the
king; nor to call a convention,-* -Field met
the drvi&ionNo. l*i, at the down in New-
gate-street—they were rcfiis6d raeeting— they
tlien went to Godfrey^ and re^diose him a
delegate,— I do not know whether I have
mentioocd that this was a dclega.te meeting,
on llio 21st of Fcbrimn% at No, 8 1, Co mp ton-
street — this last r rlfrcyrejeclcd — ^befc-
in^ re-cho?e. he ! u h4s right <if being
d^ " i^ ujMM staying in tJic
n ulher way ol getting rid
or iiHii but fiy adjijurning to No. 57^ Charles
street^ to meet on the Saturday evening.-«-II
was re}>orted that a great number of dele^tcte
were in town from Scotlanil, upon a reform*
— A letter lirom Soutt-r-*-^' approving of
the plan, and want < -os to form ft
socitiy^ und wanted u. ;> v^r respond with
thftm.*-A letter to be sent lo Ihem by divi-
sitjti Nu. '2P,. — Thi; (onstituliufial Society
h if:h, SU|^
p^ . ill parlia^
liieni.— Agreed, to wnte lo all the societies^
both in town and country, to send a petitiob
to parliament— no time to be lost — ours to tae
drawn up imruediately; and we are certain
that twenty Ihousiuid will sign it— if they arc
all rejected, write to them lo continue ; and
then will be the time for all tu unite, and to
petition the king. — This ii a report likewise
— that tlie Ffienda ot the People approve of
Mr. Grey*5 remonstrance — it is a leading
feature.— Reporle<l ilrat the seriou.s stoppages
from the bank*3 refusing to discount, will
assist tlie cause^ from the Tailures which must
foHow.
Mr. Ef$kin*. U thai a re^rt, or what
M>mebody eaid I — I mentKmed It as a repot t
^ii w^M reported by one of the delegates, at
the meeting of dele^tes— not that it came
from any of the divisions.-^A letter wat read
from T, Farley, esq. tipon the illegahty of
iinpri^iunient for debt, ^ying, he had
bf^ ftve yeftrs writins a treatise on it : and
he wnnta us to subscrihe to it-^tt was agreed
that w*r -r i'^ -^ot ptt hbw that support that
we sui a he wanted ; but. however ti-
tracts tit^jtj... .'^ uisde from tlmt tKK*k» (K)as to
be serviceable. — A letter from the Friends at'
ti»e People* dated t5lh of February, in uriswer
to ours ot Uic 1st of February-j signed ~
3 E
I
J
787] 55 GtQRGE til
V Jcremiiih Outer, chairniAii^ ssyiogt verjsoon
^r pho would come forward to reform all
Jic abtiseft exieung. — Mr, Reeves*s society is
Disnconstitutional, tucir society is to create an
Porgan to speak to the legislature — lliey T^ill
not pvt up ihcir power of action to any so-
ciety—htit Ihcy say the time of action may
l^ot Ijc very distant-- this is a letter from the
Ttiendaof the People,
Mr. iWier.— Where at?— I rather think it
y from sorao country correspondence — I have
not got ilown whence it comes— it b signed
"^i. Jeremiiih Carter^ chairman.
Bow is it introduced in your minute ? 86
omiug from wbom ? — A letter brought aind
I lead;
U Where did it come from? — From the
[.Jriends of the People, signed E- Jeremiah
barter, dated tsth February, in answer to ours
fi©f I lie 1st of February-
Mr. Bower, — We have read tlie letter — he
has put it down Carter— ii should be Curteis
p»-it IS published, folio 6Jy in appendix £« of
'be Report
Lifnam, — They will not give up their power
pf action to any society ; but they say the time
Df action may not be very distant — it is sonio-
Uing to this purjiort.
XiOrd Chief J ustice £vr«.— That is your no-
Son of it — your extract ? — Ves.
Mr, Booidr.— Did you hear the letter read ?
-Yes, it was read — Answered the Norwich
ljiociety» that wc think f hat the Friends of the
(d^eople are friends to the cause .—Twelve de-
legates raet-^to write to the Bath society ,^ —
". motion to be debiilcd at each division, if
EAiey gave tlic delegates power to rqject any
'cicgate OB good reasons. — February 28 —
lecting of delegates, at JMr. Stiif » No. 68»
Paternoslcr-row.— IVlotion by Mr. Margaret
iiat the thanks of the ]x»ndon Corresponding
ciety bo given to Mr* Fox and the minority
forty-four — the same to lord Lauderdale,
^Icc. for their opposition to the war. — Agreed
[tto be ad\ ' n I he Morning Chronicle,
^<^oming 1 Ayre*» Sunday paper. — It
" raiobacrvtu tuai inc wa.r Wiis the m ' " -' ,
ibr the (Hjrpose of diverting the u/n
" fvplc.-'A If'**-- from JShefr^ '-'
cir resui' t on tlie J'
[Society for < natioo at
Bhcffield, that \^ ■ . ^ ^vd ever
Qtrocluced to Iradc^^lin.'^ i» my recollection
•of jl+ as near as I run rrcitllecl, that ihey
f return their tbanks > >., fur his ^up-
ort of the people fui ■ urs pnft, rnnst
tilarly this scasiou— to 4M ^
iTdefence of the hberiv t>l
lud 1
f»4Juk<
iai<
,I>ubi
outi
'm \- - " '■ , .■ ■
ceed, ><ilAUiiii, tune u wtU wiiwer »
Tfiai of Thomn Hard^
purpose— afid that the Lofidod C
Swieiy arc i:- ; * * ' 11, and write toi
bOcietiuH in \. 1 do so— it wil
cause the sul-K^t Lu ui u^.i.iitid every week —
no ti nie to be lost — atid say that we equaUy
lauieftt the war,
W'm there any letter pr^ 1 cmM^
quence ol'tiiat? — The LouH' ponding
SociHy have drawn op a p^Utiop, which «,'ai
presented \/y Mr. Gernild, who sai^i h€
nad applied io Mr Mackintush, wlio said he
would go with him to get Mr. ¥ox to preseni
It
W' ere there any letters prepared, in ctm^
quence of this R^rr , , i ■ iM
write to Shelheki, tt
person?' — Margartit wrtttt^ tiu^ JtUn i>j cuiir^Hy
the substance of it was this
Mr. Bwrer.*— That is in -r" ""i'^'- •- t»:e
Report, page 67 — we have 3
What IS voiir next? — March *. 0.
31, Conipton-btreet, fourteen delr
Was Hartfy there? — Vcs,—Rc 1 .' y:[y
lion to parliament and refer it to bir consnilrr*
ed by each division— Ihc title of the petitioir.
The Iiibubilaiits of London, \Vc5*tniifi»lf r anil
their Vicinity. — The discussion o< tlmt took up
the whole of the evening. — lliat new del^
gales sliuuld be chosen on rlie '2HtU of Marcin
The delegiUe of division No^ I, 3 1 "lat
the Essay wrote by Mr. Frend,* ot ^%
«n the war, and pub!i«*hed in *'
jmpcr, be printed and di livn
siuns. Mr Frend, of*' ■•
now; and it i^ supposi
the College. — Thi* mh
upon the peliiinn
out upon rollh fif | ■
gate tu biivr one, Io try what t
will hike it in to lir to receive »
March 21, 1703, No. SI, Conij
Baxter reported that some cfn
been atdivinion No. itV
dare not c;o irp, the con
they Icli
fon'e.- I
letter, <i
s.i:ji
porwi, to stit
race, and to 1
peoplr-^rt coiiipiaui<3
r*li*r!iiiri— fbe prKjr*s '
i^fttd ^<
good ^ ben ba c«m: «iit«| ]tiLol.;ill| pi ^iO*
i
789]
Jar High Treason*
A. JO. 17M.
X700'
I'rom bhcfEeld, directed to Mr. Stuart; there
^vas no notice taken what the letters were—
Grant and Littlejohn discliarged from the
Loudon Corresponding Society, and to write
to tlie ConstitiitionaT Society, and to ask
tor other honorary members to represent
them.
What was Grant dischars|ed for? — For
withholding the manuscript lonnerly men-
tioned.
Lord Chief Justice Eyre. — Was it said
where thciic two letters came from to the
Friends of the People ? — I take it for granted
frum Slietlieid ; hut I have not put it down.
Ijttlcjolm was discharged for the neglect, I
Lelicve, of his division ; he was gone down
iiito Scutlaud.
Mr. Bower, — Did you minute what Grant
w:is discharged fur?— In consequence of a
ibrmer resolution, that if he did not deliver
up the manuscript he should be discharged;
and now tlicy were discharged. A motion
\vu» made by Alargarot to print a Uiousand of
]-'i cud's Address to Itepublicans and Anti-
Ucpubliciius, to make extracts from it by a
s^clect connnittee, with some strong remarks
thereon by them.
Lord Chief Justice Ej^re. — What was the
title of Mr. Freud's book? — An Address to Re-
publicans and Anti-llepublicans; tlicrc were
^iiL to form that committee, and to meet in
Paternoster- row, at Stifles house. The next
meeting was the 2tilh of March, at No. 31,
Compton-slrcet, a meeting of delegates. It
was a^ced to bring -all tlic quarterage next
Thursday, the Fatnotic Society, in liolborni
joining the division Xo. 2tf.
Was this Patriotic Society the same you
mentioned before, that broke up, and the
gieatcst part joined the Corresponding So-
ciety ? — The same. Tiie report was of the
number of signatures to the petition; tlie
wiiole was seven hundred eiguteen on the
five skins. A select committee chose to
make laws for the society, and to submit
them to each division, to meet every Thurs-
day afternoon at five o*clock ; any three to
proceed to business; other delegates allowed
to visit.
Lord Chief Justice £yrr.— Have you any
minute of any debates upon the subject of the
necessity or the occasion of proposing this
committee? — I have no minute of any debate.
X see here is a mark made here — the commit-
tee to make extracts from Mr. Frend's Ad-
dress to Republicans and Anti- Republicans,
they are to meet on Sunday evenmg — four-
teen delegates met on the 4lh of April, in
Compton-atreet— the select committee to con-
sider of their future regulations, first of all for
the society at large — the general rules and
private regulations for the admission of mem-
Ders — the week's pavment — admission of
stran^r8*.vote of exclusion— the number of
constituents before you branch off-*the sum-
monses sent to each night's meeUng^that is
viit pan oi' that committee's con&ideration to
regulate— 4beinext is, .the constitution of ^-
neral principles^-^wtmniliee^s laws relatiye
to themselves — the said delegates private re-
gulations— laws relating to the socie^ ielection
of chairmen and of doo^keepers.
Mr. Bozcer, — It is not worth while to state
this ; go to your next meetuoff.— The next is
the 11th of April, at No. 31, Compton-streeU
The report was tliat two thousand had signed.
the petition : resolved to thank the Friends,
of ttic People for their impartial state of the
representation. It was then said that the
Constitutional Society at Sheffield had done
it, and had requested them to publish it in a
cheaper manner. In their letter they say the
pconle are sleeping toolonjg; the igporance.
of the people is the cause ot the continuation
of the corruption of the senate— resolved to
write immediately to every society again, and
rcmiest them to petition directly ; small bills
to oe stuck up in the nicht, mforming the
public where the petition lies for signatures—
fourteen delegates met — Mr. Francis to be
requested to present the petition — recom-
mended by division. No. 2, to advertise a ge-
neral meeting at some tavern, and we may
get. a good many signatures there— akeady
signed, Q,519»
I ou may go now to the S9th of April ; I
do not sec any thing materia till then — the
annivorsary dinner of the Constitutional So-
ciety at the Crown and Anchor, — were you
present at that dinner ?-->I was.
Did you make a minute of what .passed
there ? — 1 made this minute — that many of
tlicm talked Tery boldly, and laughed at the
fears of the public— they are sure that ajre-
vulution will take place in this country.
Who was in the chair ? — Lord SempiU was
chairman — the next that 1 have got is the
sentiments that were drank — ^Tlie rights of
min— Ma^ we never be ashamed to assert
those principles we wish to enjoy— May des-
potism be trampled under the noofs of the
swinish multitude— May the world be our
country, and doing good our religion— Free-
dom to France, and peace to aU Europe-
Thomas Paine.
Have vou any remark upon that ?-— I have
remarked here that Uorne Tooke requested
him to be given a second time— may the
temple of freedom have the earth for its basis,
aud heaven for its dome— may governments
soon cease to be a conspiracy against the few,
for tlie rights of the many.
Is not that reversed P-'-No ; I have it so-*
by lord Daer, John Home Tooke for his vigi-
lant opposition to desootism — The victims of
despotism, and may tne people of Great Bri-
tain have courage to redress them, lord Sem*
pill, Mr. Fitzgerald, &c. Those are the toasts
that were drimk. Thp next is the second of
May, 1793, adelecatcs' uieeting, at No. 31,
Ck>mpton- street. Mr. Fox wrote to Mr.
Hardy, at nine o'clock at night, that owx %a:s-
ing a radical leibtm ^wiA>^^^^\^\s»^ ^^'■
verbal ^uSiak^«^^\!a&VkY^xi^'E^>- ^ iwxA v^.
^91]
35 GEORGE lit.
Tnni of Thomas Hardj/
[792
but would present the petition if wc desired
it : in consequence of this it was determined
to ^et Mr. Francis to present il, and to write
to him on Saturday morning ; tlie petition to
be presented on Monday, unless Mr. Grey
i»uts oft' his motion — two of the Sheffield de-
legates that brought up their petition made
honorary members — agreed to meet on Sunday
evening at Compton-street, and bring in ail
the skins.
Lord Chief Justice Ej^re. — Did not you say
that there was u resolution tliat there should
be a new election of delegates on the 28th of
March?— Yes.
I-ord Chief Justice E^re. — ^\Vas there a new
election of delccates ?— Yes.
■ Lord Chief Justice Eyre. — ^Were you re-
elected ? — Yes ; on the 25th of September.
Mr. Bofcer, — You have got a minute the
16th of May, have not you ? — I have mislaid
that by some means or other.
' po you remember any thing passing upon
the 16th of May respecting tlic war and the
addressers I — BJo,
Mr. Ediimrd Lnmun called again.
Mr. Boiicer. — Look at I hat paper. Did you
find that among Mr. llardy*si papers ? — Yes,
t*i [It wasreiulp]
• "* " Eifuth-skTCEt, 2ndqfMatf, 1793.
* ** Sir; — 1 atn to apologize to you for not
paving sooner an&wered your letter, but I
have Ijceti very much engaged in business
i^r some days past. I wilf certainly present
the petition if it is desired, becai^se I would
not decline pres^enling a petition for any of
my constitLW^nis; but 1 conlc&s I think it
might with more propriety be presented by
some otJier member, oecawse it is generally
understood thut the radical refonn. which ft
forward, it will refute its being a popular one ;
then he goes with regard to the subscriptions
and the expenses of the society.
Mr. Bmrr. — You had better pass it over if
you cannot make it out well.
liord Chief Justice Ej/re — Was any ihiji;
done upon that anonymous letter? — It does
not appear that any thing was. The ncit vij
a meeting of the delegates on the 9.Srd, ai
No. 31, Compton-street ; il was then pro-
posed to call a general niccting, which would
oe an irrefragable proof of our being leeaily
assembled, and would take away those rcilec-
tions upon us, and dissipate the fears of the
public : this was to be agitated at each divi-
sion.
]jon\ Chief Justice Eyre. — Who made tbl
proposition to call a general meeting r — I cac-
not tell. There were twelve delegates met;
a letter from II. Littlejohn, dated 18th ci
May, in which he says, he was surprised tlut
he was excluded the society ; his attachmtnt
is not to be bought or sold, and he would net
give up the cause but with death ; this is whit
I collected tV^m that letter. Com mil |pe Kir
drawing up an address to the public, kt.;
then it was observed, that Le Brun's letlrr to
lord GrcnviUe has altered the step ; on tha
account it would appear as though w? hd
some eommunitaUon with France, IhertftMt
we ought to ^vait to see if any notice is tikfii
of it. It was thoualit proper to refer the ad-
dresses to the pubUc at that lime, and tt iq»
referred for a week.
Lord Chief Justice E^rt, — What did jm
say it mi^ht be thought to do ? — It wmiW ap-
pear ii5 though we had some cotnmtjnkalica
with Fninte. The next meeting was on tb«
aotb of Mtiy. I do not ftud any thing more
than Mr. Hardy's in ten dm p: toT jn&ke a tno-
lion that we should breai up for tlute
7flS]
' fir High Treason,
A. D. 1794.
[794
that the thanks of ihe committee be given to
Mr. Wharton for his motion and speech.
Mr. Erskine.-^Mr. Wharton tiie member
of parliament?— Yes ; and it was agreed to be
printed, and the thanks to be published in
four papers, the Courier, Chronicle, Gazet-
teer, and Ledger.
Mr. Bemer, — Docs it appear by your mi-
nntes whether it was only to be published, or
have you any farther entr^r respecting what was
to be done besides publishing^ — I have this me-
morandum, that it watf t6 1^ put once in each
paper ; that is to say, that it was to be adver-
tised four times ; it was likewise agreed that
there should be some comments made upon
it, and a special committee, to draw it up, of
five of the delegates ; it was to be an open
committee, and to meet at six o'clock on
Monday-— A letter from Leeds, a delegate
meeting. May the dOth, 1793,- a society lately
sprung up, sent by the request of the Sheffield
society, to correspond with all socicUes, and
begged ours, although only 200, yet are deter-
mined to instruct all their neig^hbours —
Thomas lianly, secretary, it was mstituted
the !47th of November, 1798.
Have you any minutes of the 13th or the
15th of June ?— The 15th of June I have.
You have not any of the ISth ?— No.
Do you recollect any thing about the 13th
from your memory ?— I do not.
Then to the loth ; that was, I believe, a
meeting of delegates, at No., 31 Compton-
street ? — I believe it was ; it was recommended
that an advertisement
Do you know whom it yms recommended
by?— 1 have not a memorandum of tliat —
liesolved, that our thanks be given to J. Whar-
ton for his speech on the 31st of May, to
restore the constitution of 1088. We earnestly
exhort him to persevere in the cause of the
people, and doubt not, notwithstanding the
contumelious silence of the majority, it will
have its due weight with the people.
Mr. £rs/cine.— llead that a^ain.— An ad-
vertisement for Monday — Resolved, our
thanks to J. Wharton for the speech he made
on the 3lst of May— I believe he spoke his
speech on the 31st of May—to restore the
constitution of 1688; we earnestly exhort
him to persevere in tlie cause of the people,
and doubt not, notwithstanding the contume-
iious silence of the majority, it will have its
due weight with the people' Agreed we will
i;ive our decided support to every measure
brought forward to restore our rights as
at 1688. liesolved, that the thanks of the
London ( Corresponding Society be given —
l^rd Chief Justice £yre.— Was this a
mcethig of delcf^ates ?— Yes.
Mr. Bower.— It is all at meetings of dele-
gates, unless I shall mark it as some other
meeting.
I.^ffiii.— Resolved that thanks be sivcn to
tlie twelve men that voted with Mr. Wharton
the 6th of June—The Constitutional Society
for iofonnation have pcibJisfaed ten thousai^
of Mr. Wharton*s speech correct— Mr. Mar-
garot will get one thousand for us.
Have you any thing farther of tliat meet-
ing ? — Nothing more.
About this time did you for any period cease
to be a delegate? Was there any division
upon what you have been last reading? — I do
not recollect that there was.
Mr. Erskine. — Do you mean to say that
you recollect there was not? — My answer is,
if there had been any tiling of the sort, I
should have made a memorandum if any
thing partiailar; I do not recollect that there
was any thing of a division, but I remember it
was said by Margarut
Mr. Erakine, — Is that in your note ? — ^No j
I am going to tell you my recollection. Ilo
said he would get a thousand for the liondon
Corresponding iSociety ; but I have no minute
of that ; if you mean to put that down as
my minute, I shall, when you come to exa-
mine me, show you it \^ no minute of mine.
Mr. Bowtr, — You ceased to be a delegate
for some period after this time ? this is thr
last meeting of delegates you attended for
some months? — I attended on, the 13th of
June.
We have got to the 15th.— Then it must be
the 15th.
After that time you ceased to be a delegate
for some time, did not you P — It was so.
Were' you, at any time in the month of
September, present at any division meeting ?
— ^Yes.
What time in September? — I tliink it was
the 25th.
Upon the S5th of September, did you
attend any division meeting, and where ? — I
attended the division No. S3.
Where did that division meet ? — I do not
recollect the name of the place ; it was in a
kind of court or garden near Bunhill-row ; it
goes out from Blue Anchor-alley ; and there
IS another narrow alley to it, which I do not
know the name of.
It was in some little place or alley near
Bun hill- row, Mooriields f— Yes ; It was rc-
iK>rted that a new society was formed at
Coventry, and that they were increased very
much in the last month. It was reported that
there was a new division oi' the London Cor-
responding Society ; tliat they took Number
10, which had ceased nrior to this time^ and
met in the Grove, Bandy- leg- walk, and it was
said they were very violent.
Said at that Meeting ? — Yes ; that was the
report from one delegate of the division.
A new division? — No; a division had
branched off, and took Number 10, that had
ceased prior to this time, and they met at the
Grove, Bandy-leg-walk. This is a reoort
from one of the division of a gentleman That
lives at Walworth^ who is going to join the
London Correspomling Society : and it is at
the same time observed, tj^si Vd^ >«\^\ib ^^ca.
7953'
So GEORGB ilL
Tfui tf Thcmm' Hardy
\f96
evening, in ihe information that they endea*
voured to bring forward of different circum-
stances, it was stated in that way, and it was
followed up by a remark from the same per^
son, that many people supposed that he was
employed by the Convention in France.
Were any other papers brought forward ? —
It was reported tliat there was a petition to
the king brought forward at the last meeting
of delegates ; but that it was declared treason-
able by Mr. Vaughan^ in consequence of
which another was to be drawn up.
When you say it was treasonable, do you
mean to say that that was Mr. Vaughan*8
opinion ? — It was reported by several that Mr.
Vauchau had given that as his opinion.
Was any thmg done U|)on that ? — ^Thatii
all.
Did the delegate report any thing farther^
after it was found that that petition was sup-
posed to be treasonable ? — Only that another
was to be drawn up.
Was there any thing farther done at that
meeting ? — I have no memonindum of any
thing else.
Or have you any recollection ? if not, go on
to the next meeting, which was on the 7 th of
October. — The report of the delegate was,
that there were eighteen new members made
that week.
Tliat was at tlie division meeting? — ^Yes,
tbe same division meeting, Oct. 71h, that a
Mr. Bell, who was at BrigntoOt was going to
Ireland, and would inlroducfS a correspon-
dence with the societies there, from the Lon-
don Corresponding Societjr. At Uic last
meetine of aelcgatcs a petition was brought
forward, or agitated, was brought forwand,
discussed,! siip)>osc, against the war, nothing
more is said of that. Hodgson was chose
president, and Hardy was continued secre-
tary : the next is November the 5th.
Before you go to November the 5 th, were
you present at any other meetijig, at Hackney,
or any other place ? — Yes.
At what time was that— it has indeed born
proved to be tbe 8 lib of October ?— I do not
recollect the day of the month that that
meeting was, but it was to elect two delegates
to send down to the Convention at Scotland.
Were two delegates elected at that meet-
ing ?— Yes.
AVho were they ? — Margarot and Gerrald, I
think.
\V ho appeared as president of the society
at that time?— Hodgson.
Where was this meeting? — At a house in
Hackney-road, the election was in a garden
behind the house.
Was Mr. Hardy at that meeting in Hackney-
road ?— I think he was^ but f will not be
positive.
What meeting were you at on the 5th of
November?— Division, No. 3, the delegate
reported, that Hodgson had resigned, and
tnat Baxter was chosen chairman ; be then
^^ ; Mai^^rot and Gemld went to
Scotland, thedOth of October, Midthaii tfie
Hind was very low, the subacriplion not equil
to the expenses.
Where was this?— -At the same place near
Bunhill-row ; .the next report was that a
second dele^te shoukl be chose from each
division, to form a sub-committee, to revise
theconstituUoi^ and to meet every Friday, at
No. 31, Compton-4treet; the neat report was
of a new society fonned at Bristol; the next
that colonel Madeod, and Mr. Sinckur, were
gone as delegates to £dinburglv ^°> ^^
ConstitutionaTSociety ; Jtha next jneeting was
November the 13th.
Before you get to November Ae 18th, were
there any reporta made upon the 5th of No-
vember, respecting Franklow ?— I have no
memoranduni of that.
Do you recollect any thing stated about
Frankiow, upon the 5th of November ?— I
recollect it being said, that there was going V^
be an association formed at Lambeth, for the
purpose of learning their exercise.
Recollect all the circumstances that you can»
respecting that.
Mr. Gi66s.— Let us understand that you
luvc no memorandum of this? — No.
Mr. hwer. — Do you recollect any other
circumstance tliat was to attend that meeting?
—{understood that they were going to fium
themselves into dilferent societies.
Of -whom were those societies to be com-
posed ? — I was going to say a plan was
forming for those societies to learn their
exercise at difierent places all over London,
and that it was to be confined to tlie Loudon
Corresponding Society.
Do you recollect any thing farther lieing
sajd about the plan ? — Not particularly.
AlUrwards it was more particularly brought
forward ; but I have not, to the best of my
recollection, any thing more.
The plan was not at tliat time conspleted ?
— No, the forming of (he society, and how
they were to mcel, to carry it on, was not at
that time mature to the best of my recollec-
tion, but this was said, that there was a variety
of people that did intend to learn their exer-
cise, but this at Lambeth was the only one
that was mentioned.
There was no association formed but the
Lambeth?— No, but it came out aftervrards,
and probably, it will not he improper to men-
tion it here, that there were members of the
London Correspondine Society, that had a
desire of introducing the exercise among the
London Correspondiug Societies divisions oa
different nights, from the night that tbe divi-
sions met on different evenings.
Was that agreed to or otherwise ? — ^It was
rejected at No. 23, but this is only antici-
pating it.
It will come better in its order by- and -by ;
who was president of this society, on the Ath
of November^ rhairman of the delegates, ani
80 on?— The report of that diviiioQ meetioc
wuatthe fint rommiltrr ntftf of Ibe ddb»
7W]
for High Treason.
A. D. 17M.
3798
nirsy liotlgson had resigned the chair, and
Bntcr was chosen chairman.
Were you present at any meeting upon ihc
nth of' November? — That is a division
■leeting.
Of* which division ? — No. 23.
Where was it ? — At the same place.
What was done at that meeting? — Read a
letter from Norwich, signed \V. Cole, from
all the societies there, approving of the Con-
vention at Edinburgii, and requesting a con-
stant correspondence ; finances are very low,
they vrant to get a second subscription in
order to support the delc^tcs in Scotland.
Lord Chief Justice Lyre. — Do you mean
the finances at Norwich or of your society? —
From Norwich, and then here seems a kind of
instruction to the delegatcH, requesting them
ID visit all the societies in Scotland.
Mr. JEfs^inf .— Let me take that down in
your own words ; there seems a sort of in-
rtniction from the delegates requesting tliem
to visit all the societies m Scotland ?
Loiid Chief Justice Eyre. — How do you
slate tliat?— The finances are very low, in
Older to set a second subscription, in order to
support the delegates in Scotland, the instnic-
tioD is with regard to a letter that has been
leot to the delegates requesting them to visit
all the societies m Scotland,ihere is something
that I gathered from the delegate, reporting it
fiom the committee of delegates.
Mr. Sower, — ^I'hat was the regular way of
makiog these reports ; the common ordinary
course of the society ?
Lord Chief Justice Eifre. — Is this that you
stale about the instnictions part of the letter,
or whpit was done by tlie society upon the
letter f-^Done by the society.
Mr. Erskine. — It must have been some-
thing, he savs, but we have not heard what it
must have been ? — It was reported that the
fioauces were very low, and tney want to get
m second subscription to support the delegates
in Scotland.
Lord Chief Justice Eyre.— That was part of
the Norwich letter ?— 1 thought so at first,
but looking at it a«^in I rather conceive that
this is the report ol a delegate from the com-
mittee of delegates.
Mr. Enkine, — ^Therc seemed to be a sort of
iabtruction, concerning something that I
gathered Irom a dele^te, who collected it
from the committee of delegates, I thought
It was the Norwich letter first, but looking at
it again, 1 rather conceive — what do you con-
ceive?
Lymam, — ^Thal the finances of the Corres-
ponding Society wore low, and that they
wanted a second subscription to sup))ort the
delegates in Scotland.
Lord Chief Jubtice Ejtrc. — ^Then what was
L about instruction's?— The instructions
\ in a letter that had been sent, but by
n I have no mtimorandum herc,to the de-
leales to visit all the societies in Scotland.
Lord Chief Justice Eyrc-^Do you nieuu
that there was an instruction sent to tliein in
a letter ?— I do ; it was reported by tiie dele-
gates, that there was going to be a second
general meeting to be held at Edinburgh, but
afterwards it was altered and intended to be
held at Glasgow instead of Edinliurg'i.
Mr. liiittfr.— Tills is the l'2lhofNovtmbtr?
—Yes.
When were you re-elected, if ever you weie
re-eWcted, a delegate from any of those divi-
sions ?
Mr. JBoitfcr.— Wc have the letter -which has
been read of the 8th of November, from the
prisoner, to the delegates in Scotland.
Mr. Gibbt. — Have not you some notes you
have gone through ? — Yes, I have put them in
my pocket.
Mr. G ♦66s.— I desire to look at them?
The Witneiit delivers them to Mr, Gi'66f,
Myingf^l presume you will give them me
again.
Mr. Gi66i. — What reason have you, sir, to
suppose that I will, not give them to you
agam? — If you mix them, it may be impos-
sible for me to arrange them again.
Mr. Gibbg. — You have given me these
papers, mark them 1, 2, 3, 4.
Mr. Bamer. — I beg to go through my exa-
mination ; do not be marking papers while I
am examining you; put them in your
pocket till we nave done. You were elected
a delegate again at what time? — llic first
meeting I attended of the delegates, being
re-elected, was on the 2d of January, 17!)4.
Was Mr. Hardy a new member, when
you attended as a new member? — lie wa3
secretary.
After you re-commenced a delegate ? — Yes.
Now go to the 2d of January, 1794? — The
first is the election of delegates I believe, I
need not read them over; the first resolu-
tion was to remove the committee room "to
No. 3, New Compton- street; to remove the
meeting of delegates to No. 3, New Compton-
street ; then a resolution was passed, tliat no
person but what had belonged three months
to the society, was eligible to bo elected a
delegate ; it was agreed to draw up a hand-
bill, approving of the conduct of the delegates
in Scotland, and a censure on the niagiiitralcs ;
to distribute one tliousand in Edinburgh.
Was this a delegate meeting ? — Yes, to cen-
sure the conduct of the magistrates ; to dis-
tribute one thousiuid in Edinburgh, and they
were to be sent down immediately.
How soon were tlicy tu bo sent down?-—
To the best of my recollection the urgcnry
was explained to be very grcai; and I think
they were to be sent down the fi>llowiii^
night. A letter wa^ read from ShellicKI,
sii^ncd William Hrown Iiroomheail, chairman,
reco!nmc-ndin<; some spirited resolutions \o
bo adopted to support the delegates imme-
diately.
Mr. Erskine. — Head that again?- --A report
read from hhefiield, William Brown Uroom-
h'jad, chairman ; it reconuncud:: fOioc spiriU
799}
35 GEORGE HI.
ftsolutions to he adopted to support the del^
»le»j immediaicly, and it hkewijc suys, that
llhisnicelin^ there were aboiitlwo thousand ;
: believe that is aU at that meeting ; the tiext
1 have is the 9th of J an nan*, at No. 3, accord*
ing tQ the re^hiUoo at New Com ptoD' street.
At which meeting I believe the prisoner
was not present, was he ?^ — I am inclmed to
think he was there, though I have not got
his name down, I have the names of a variety
«f delegates and other people that were to be
fitewaros for a meeting that was to be held on
the aoth, I think.
What passed at the meeting f if you find any
thing to enable you to say that the prisoner
was ihere^ we will take it down ; if not, we
will take it that he was not there ? — A general
meeting to be at one o'clock, on ths 20th in-
i#twn> to meet Mr, Gerrald, and have a dinner
mX five o'clock, at the Globe- tavern in tlie
Strand.
One o'clock, on what day t — On the JOtb
of January, a sub-committee was formed for
-the management of this matter; the sub-
committee that undertook the management
of it from the 9lh to the 29tli, were Tbelwall,
Franklow, and Stiff; the names of the stew-
ards are, John Tbelwall^ John A^ar.
John Agar, have you the christian names at
foil ler>gth in your minutes?- — I may be mis-
taken in the christian name, which has some*
times happened, but I have it John Agar, and
Btewart Kydd, barristers, John Lovctt^ IL F,
Harrison, 1\ Stift\ Bartholomew Peacock, J.
Pbilip Franklow, Thomas Harris, C. Sinclair,
J. Powell, W. Williams, Thomas Mitchel,
John Pearce, Matthew Moore, VVm. Moffatt,
and J. Martin, attorney.
Did you see VVm. IVioffatt ?— Wm. Mo^tt,
it was said was a delegate of the convention
at Edinburgh^ Agrctd, that tickets fur the
tlinncr should be five shillinj^s, those that
cHned were to pay five and sixpence, and those
that did not dine, paid six-pence for Uiose
tickets.
Have you ahy minute of any subcotrv
mittee? — a sub-committee to draw up a letter,
and send to all the socielies,to unite them all
in one general sense in an aijdress to the
public, on their invaded right* by the pro-
ceedings of the magistrates at Edinburgh, It
"Wjis mentioned at IhaC meeting, that they
shouM discuss the conduct ttf the righ\
l»ono!inible Mr. Uuuda?, resf ecting the Irmls
oi'\U*- il-l«*o^ritcsin Edinburgn.
to be the subiommiltee for the
pui, Jniwtng up Ihiii letter, and dis-
cussing his conduct?— I have not got down
the name* of the committee.
Lord Chicfjustice Eyre,-^Wa'^ it a different
f^ubH:umtuittt?e, from the !jub* com mittee that
was U) miiiutge the dinner?— Yes; the next
minute that l have got, is of tlie SOlli of
Jaiiudry^ at the Globe tavern.
mules of the BrilisU Codivm-
Trial of Thomai Hardy
Mr. B(n^r.r-*Uava you no farther mtnutrs
of the buf lucss of tlie 9lh of January ; you
are not yet come to the sub-conunittec; is
that a minute of Uiat day, or of the I20th
of January? — It is on the same day a sub-
committee to be chosen.
Does it appear that any sub^ouirtiiltee
chosen on that day ?— .I'hcre was a sub^toi
mittee chosen, but I have not got down
names.
Was tliere any plan agreed upoi -
posed, on the SiOth of January, res| ,ji
proceedings of this sub* committee r-«l^tH^
read over what I have got down, and f recj
lect nothing more.
You stated, that you ceased to he a delei
from Midsummer, to near C"
came you to cease to be a
tliat lime ? — I ceased lo be a deic^
icqucncc of one of the London Coi
Society, making a report some tiui« nrrurc,
that 1 was a spy upon the society, and 1 wav
tried in consequence of it, I think on the I3t[i
of June, I was tried by the comuiittee of
delegates.
What was the result of your trial f — I wbs
acquitted by a very great iriajority,
Having been acquitted by a majority,
then were reelected a delegate, before
time you have last been spealdng off — I
re-elected, the nest meeting I attended
the 2d of January, iTQI*
Mr. JEn^ifi^.— When was it tlmt yoo
reported to be a spy; and were tried f--l t^iialc
it was the 13lh of June,
INIr. Bower, — Now come to the tOth of
January ; were you present ul ttic meeting at
tiie Globe- tavern, ij|^i " t*'?* '?'•'• r^|' Jjmuan??
— Yes, a meeting tli iry, at the
Globe tavern, J. M^i i..,, ^ . .1^..: .
What time did you go to the Ulobe4avi
that day ? — I went to the tilobe Tuvcm.
fore the company hail assembled, «
began, but I do not recollect pif*
huur they were assiembliu":, so far I hav«
very clear recollection, in the one pair of
room, and that in the course of their coofiull
tion, and talking with each other, tttat
ttoof of the room gai^e way, and created a
deal of confusion.
In consequence of thai, I suppose, ihcj _
not stay in the rkjui; after tlie Uoor ga'
way, where did they go next ? — ^To Ui«
above.
Were you there at any lime ia tlie
ooonf — I was there before the businati '
and I was there till the business waft
and the resolution <» at that time wenp
indeed 1 have & report of it here.
AfWr the Hoor of ' ' ;;i«ai
and it was neces^. fhat
stiould adjourn, and tiu i » |
room above stairs, whrrt um
there was any, plarr
situation of til 0 chti:
ibr the musictms at luc ^mt; oi lD£ n^o^
caat th«r« is a dimt:c.
. WHS
iJl
801]
for High Treasott4
A sort of balcony, or gallery P — .Inst so,
that was the place where Mr. Martin was.
Who else was there ? — ^Therc were Ramsey,
Richter, and Thclwall.
Was the priboner there or not? — ^The pri-
soner was there likewise, but he did not btand
hi the front, he btood behind.
Who stood in the front as chairman? —
Martin, Thelwall, Uiimsey, and Kirhter.
What passed at that meeting ? — A deal of
time was taken up by the report of iMr. Ram-
sey, the short-hand writer, reporting Marga-
fot*8 trial ; next was carried the address to the
nation; there was then an adjournment to
dinner, when Thelwall was chairman, and
president.
Were you present at the dinner.^ — Yes,
In the same house that day was it? — Yes.
After the business was over, you adjourned
into a room to dinner ; was it a public dinner }
•••There were a creat number of people at din-
ner, and to the best of my recollection, it was
in the same room, however I will not say that
positively, but I did not dine with the large
company; Twas in an adjoining room with a
few of the company who could not get scats;
I came into the large room after I had dined.
Was the prisoner in the room that you
came into aAer you had dined? — Yes.
Wa» Mr. Thelwall there? — Yes, he was
chairman at the dinner, but Martin was presi-
dent at the meeting.
What passed wnen Martin, and Thelwall
were there, after you came in ? — All the re-
port I have got is the toasts after dinner.
Were there any resolutions at any time
made in reference' to the general objects of
the society, prtiposed b>' Thelwall, anil aereed
to by the meeting, there assembled ? — 1 nave
got a memorandum here, that alter Mr. Uani-
•cy's report of Mr. Marganu's trial, that next
wafreau and carrie<l, the Address to the Nation,
which is dated at tlie OlolK^-tavfrn, although
it was drawn up prior to that — If 1 were to see
it, I should know what resolution ^» were passed
at that time, that is the only remark 1 have
got made of it; then follows the dinner: there
were several people in the course of conversa-
tion that. I did not know, bqt conversation
was kept up by different people that got toge-
ther; 1 have inade a remark, that there was
very bold language made use of.
Mr. Gihbs, — ^This was a meeting, not com-
posed wholly of the members of the Corres-
ponding Society.
Mr. 7lr)«er.-^ Hardy was present.
Mr. Oibin, — Hnl he is s|K>akin^ of conver-
sation that passed from people there, whom
he cannot name.
Mr. Htmer. — Were you present at any dele-
gate meeting, any where on the :)Olh of Ja-
iroary ? No, 1 liwn beg you to t!o to the 23rd
of January, I must not pass over that?— No. 3.
Sew Compton-street.
Was that a meeting of delegates, on the
2Stri uf January ? — Ycfc.
Wat the prisoner there, or not?— Yes.
VOL. XXI\'.
A. D. 1794. [809
I Tell us what passed ?— It was recommended
I that hand-bills be stuck up in all parts of
Ix)ndon, saying what grievances wc wish to
redress.
Mr. Rrskine. — Moved as a resolution, do
yon mean ?
Mr. i^rwrr.— Agreed by the delegates? —
Yes — the next thing that came forward was a
box for a subscription, tor the sup)>orl of the
delegates, the amount of which was, 13/. 4a. bd,
the box was opened that night, and thcro
were nine bad sliillings in it.
One of the Jun/. — What was the subscription
for ? — I'he support of the delegates in Scot-
land : it was proposed to publish the names
of those who had given evidence against the
patriots, hut objected to by Thelwall, as it
may ]H-odiice massacres ; it was proposed at
that time, to choose two sub-delegates to 2lU
tend the perpetual committee, to watch the
parliament every night, and all to meet every
Thursday, but for the sub-delegates it was not
carried.
Which part wa£ carried ? — A committee was
chose on tliat night, but I have not got the
names of them, for the purpose of watching
the parliamentary proccedines, but the sub-
delecates part was not carried ; it was propo*
sed that that committee should be maae per-
petual, but I have no memorandum whether
that was carried or no.
Was any proposal made for printing any
thing? — T have mentioned, it was proposed to
publish tlic names of those who had given
evidence against the patriots.
You do not recollect any thing else? — I
have not got memorandums of anv thing else;
it was reconmiended that hand-bills should bd
stuck up, saying, what grievances we sus-
tained.
You do not recollect any thing else ? — No.
Were you present at any delegate meeting
upon the 30th of January ?— Yes, January the
30th, No. 3, New Compton-street.
Was Mr. llardv there ?— Yes— Division No.
1 1, reconmicndeil to divide the metro]>olis into
divisions, and to open the divisions to ali
prts, and to request of all those who do not
oelong to us, to subscribe for the delegates ;
this was referred to the constitutional com-
mittee.
Wliat was meant by opening the divisions
to all part«( ?— The opening of those divisions
was, to endeavour to liave meeting houses all
over London, of different divisions of the so-
ciety, those that lived nearest to a place of
meeting, it was recommended to them to at-
tend at the meeting nearest to them, for the
purpose of collecting friends round about near
that place where tliat division met, and so all
round London.
Were any number of persona stated or
agreed upon to compose these several meet-
ings?— No particular number was stated at
that time, they always held in idea a regula-
tion which they had before, that when a divi-
sion waa more than thirty, forty^ or sixty, that
3 F
809J
35 GEORGE III.
it should branch off, and then have a new
inumbcr ; but, however, that was a matter that
was very Httle attended to.
No particular number were to your know-
ledge proposetl ?— No ; the division Nu. 13 re-
commemled that the delegates be instructed to
advertise, and request a many spirited friends
that do not belong to us to come forward and
subscribe to the support of the delegates.
How nuichwasto be subscribed ? — As much
as they could prevail upon them to subscribe.
Division No. 8, in Ilotherhithe, wished to
know if they should remove into the Borough,
having had a constable with them, many
liave lost their business^and are afraid of press-
gangs. The next was the call of the house.
What do you mean by the call of the house ?
—The delegates attended the call of the
house.
Goon to the next after that ? — A motion
was made by Thelwall that there should be a
permanent comniittee of delegates to consider
of measures to be jtursued during the present
posture of affairs, and to be a secret one ; those
of the general committee of delegates chose,
to be fified up by other delegates, and they
were to be invested with a discretionary power
to report to the committee.
To what committee ? — ^To the committee of
delegates ; but the committee of delegates
had a power to dissolve them when they
pleased.
Was it mentioned of whom the secret com-
mittee were to consist ?— They were Martin,
Baxter, Willianis, Thelwall, aod Moore ; that
was carried unanimously.
Was tlicre any secretary appointed to the
secret conuuittee ? — None.
What was to be the power of the secret
comniittee? — ^The secret committee was to
consider of what measures were necessary to
be adopted at that time, and so long as they
should sit, aicordins; to the measures that
wcfi' adopted in the House of Commons.
What were they to do, were they them-
selves to carry any measure into effect, or how
were they to act r— The secret committee was
to have a power to call the general committee
of delegates together when liiey saw it was
necessary, and at any time, or at any place.
This was agreed to also.
What was the next thing that was carried ?
— A sub-committee of three to consider of the
best Hjode to increase subscriptions Jbr the
delegates in Scotland; this was referred to tlic
secret conmiittee with full powers.
What was the next thing done ? — ^There
was a letter from Margarot, but I have no
memorandum whether it was read or not.
Nor of the substance of it, have you ? — No.
Then go on to the next. — Ii was proposed
by Thelwall that a committee of two, as a
committee of exigence, should leport tothe ge-
neral committee.
. Uow was that committee of exigence to be
formed, two from all the aocietie^ or how to
be formed?— I lutve it down here^A com-
Trial of Thomas Hardy [80*
mittee of two as a committee ofeiigpDceto
report to the general committee, but not to
publish any thmg: but this was withdrawn—
I have here a letter dated the 88th of January
1794, from Old Friends New Ueviveil, that
they had c<»llected as many friends as possiUe*
and would publish their sentiments; thai
they are increasing the Bristol Society for
Constitutional Information.
Old Friends New Revived ?— They describe
themselves so in the letter. — On the 6th of
February tliere was a meeting of delegates.
W^as Mr. Hardy there ?— Yes, he waSw—
The first thing that was mentioned there wa^
that a letter was received from citizen Stiff
with respect to his goin^ down to Rotherhilhei^
on account of the society established there,
being disturbed. — Motion from the permaneDt
committee to nominate others in their places,
it being a secret committee, and tliosc that
are to l)e appointed are not to be known.
This was brought forward by the secret com-
mittee, saying that bein^ a secret commit-
tee they had found out tliat it was danger-
ous, and therefore they applied to the com-
mittee of delegates to dissolve them, apd
give them power to choose another commit-
tee in their place ; and they likewise requested
that they might not be compelled to name
the names of those persons that were to form
the new committee. Division, No. 1 1, recom-
mended the committee to consider of the si-
tuation of Hodson and his wife, he was put
among the felons, and deprived of seeing nis
friends : this was sent back on account of the
lowness of our funds, being obliged to support
our delegates.
Wliat delegates? — Delegates in Scotland. —
Motion from division 29, that the names of
I those who have subscribed for the distressed
j weavers be printed, and to be posted up ; that
1 wjis not carried. A letter was received in a
parcel from Sheffield from Margarot to Hardy,
dated the 7 th of January. A letter from Shef-
field, dated the 3()th of January, Joseph
Scoficld the bearer, recommended to spend all
his lime in the societies. A letter was receiv-
ed from Gerrald, recommending them to send
down a sliort-hand writer to take his trial.
Was any thing done upon that letter from
Gerrald, 'about appointing a short-hand
writer?— It was mentioned that Mr. Uamsey
charged forty pounds for taking Margarot's
trial; Jenkins who was recommended cannot
go. Sibley, in Goswell-slreet, to be applied
to, to go down, and if he was not prevailed
upon to go, Hardy should appoint somebody
to go down.
What passed upon the 20th of February?^
The delegate ot division 18, made a motion
to reprint the Rights of Swine, and ordered it
to be printed by Pearre, — Motion by Pcarce,
that a connnittee of seven be appointed to re-
vise the nrw constitution, anu report neit
Thursday evening. Itesolved, that nf\y thou-
sand haiidbillsof lord Stan hope*8 speech re-
spectiQg the foreing uoops be printed ; to ie-
90S]
for High Treason.
A. D. 17d4f.
[806
tarn hitn thanks, and to engrave the doctrine j
upon our hearts, and transmit it to our pos-
terity.
After this time yon ceased to be a delegate,
or shortly afterwards? — Yes.
This is the substance of what you collected
during the time you were a delegate ? — Yes.
How became you a member of this society ?
^By mere accident.
What is your business? — An ironmonger,
ftnd in the commission line.
How did you become a member?— I was
St the sign of the Mansion-house, when the
division No. 12, had a raeetingthere ; I knew
nothing at all of it, but the kmdlord had one
of their printed resolutions given to him, and
I requested the favour of looking at it, and
upon seeing it, my remark to him was, that
it was a society tormed for overt iirninj; the
constitution of this country, and I advised him
by no means to suffer tliem to meet liiere any j
more, for ifhedid, he would ceriuiiiiy have >
bis licence taken away. j
Then you made yourself a member of the i
tociety; how did you get admitted ;' — I went ■
up to the society the same evening along with I
two other gentlemen that were tlierc. I un- I
^erstood that any person might go into the
\ ; there had been two or three had at
tempted it, therefore they appointed a door
keeper to admit none but those that were
memt^crs ; one of the society endeavoured to
turn me out, however I went in, and had some
conversation with the president, whose name
wts Watson, and who was at that time sup-
posed to be secretary to lord George Gordon ;
we were charged with interrupting the com-
rmy ; I asked pardon of the society, saying,
did not mean to do any thing of the kind,
but understanding the society was on a public
rund, I should be much obliged to them
one of their resolutions, and then I should
Icmve them to their own deliberations.
- Then you were admitted a member in con-
sequence of what you had observed ? — Yes ;
the following night, in Newgate-street.
Oeorge Lynam cross-e.xamincd by Mr. Erskine.
Mr. Enklne.—l have very little to trouble
you with, for Mr. Bower has very kindly put
the questions to you which I was disposed to
jnit ; I think you say you arc in the commis-
sk)n line?— what sort of commission line?
—Both in the Birmingham and ShclHeld.
At this moment arc you ?— Not now.
How long is it since you were in this com-
nussion line ? — I have been in the commission
linCi and am in the commission line now.
I thought you said a moment ago, not now ?
—I have authority to sell by commission from
difierent people, but I do not keep, or liave
any stock left with me by any manufacturer at
the present moment.
I should think you have hardly leisure to
coDoem yourself witli those sort of transac-
tkNU, have you ?*I have certainly leisure,
iod if I am to answer you how it is that I have
directed myself to the business,! shall answer
you in a very candid manner, and tell you,
that I am making an application for a busi-
ness in the East-Indiahne ; that is, to attend
at the coffee-houses to take orders from the
captains and mates, and different officers on
board, but I do that business on my own ac-
coimt.
How long is it since you first conceived
this plan, — it certainly is a reputable one, and
1 don't find fault with it ; — how long is it since
you set yourself to this inquiry? — In a small
degree I have done it for I supj>o*'0 these
seven years.
Taking orders for captains and mates, and
so on, in a small degree ? — ^Yes ; till the last
season.
How long is it since you did any business of
that sort ?— The la^^t season.
And the seaspn before, and so on, for the
last seven yrars? — 1 never did so much as I
did the last season.
You were an irnnmonjrer originally ? — Yes;
I was brought up to that.
Where might your shop he ? — I first of all
had a warehouse in VVood-street ; I removed
from one house in Wood. street to another, and
from thence to Walbrook, where I have been
ever since.
You keep a shop open there now of course ?
— Yes.
You do?- Yes.
You have always kept your shop open then
notwithstandiag this collateral busmess at the
East- India house, in the commission line ? —
I have always kept a warehouse for wholesale
business ; I have never been in the iictail
way since I left Shrimpton and company.
You were very much alarmed for the safety
of the constitution of the country upon reading
a paper I think that your landlord had shown
you ? — Yes.
Should you know that paper if you saw it f
—Yes
It is the ** Resolutions" I believe ? — ^Yes ; the
resolutions*^ and address. It is the address
that was brought out after the original one I
stated in the month of March 1792, that was
too small ; afterwards it became more volu-
minous, and it has been made use of from that
time to the present.
'Sir. Attorney GcncraL-^-l should suppose
it was that of the 12d of Mav ? — No ; it was
the 24th of May, t792.
Mr. Krskine. — [showing a printed paper to
the witness] is that the paper .?— Yes, it is.
You were alarmed, and munediately said to
your landlord, that this was a society which
would bring on the destruction of this con-
stitution, and of course, as a good subject, ynu
immediately set yourself to inquire into it,
and to become a nieml)t:r for that puriK>&e ? —
Yes.
I need not ask you, because it follows of
course, that in order to carry on that plan, it
was necessary that you should seem to tliink
ab they did ? — ^Yes.
607] 35 GEORGE III.
You were elected a delegate ? — Yes.
And you coDtinued a delegate until the
ISlh of June, 1793 ? — Yes ; as near as I can
give you any intelligence.
Theo you fell under suspicion, you were
tried, and uere acquitted by anuyority? —
Ves.
And pray, sir, if I might so far inquire into
the forms of your trial, was the trial upon evi-
dence,x)r were you acquitted upon any decla-
ration of your own?— I was tried upon evi-
dence ; I was tried upon evidence that was
brought forward at the meeting of the dele-
gates.
Were you asked whether there was any
foundation for that charge or no ?— There
were four or five gentlemen brought forward
to the committee ot delegates to prove tliat I
was not a friend to the society ; it took up a
lung consideration, and it was vcrv late before
we parted, and after hearing all that they
could say, and from whence arose that sus-
picion, I was honourably acquitted. 1 have
got down the names ot my accusers, in the
course of my minutes, but I did not take any
kind of notice of it, not thinking it necessary.
Then being honourably acquitted, you con-
tinued to attend the society regularly ? -I was
discontinued as a delegate ; I believe I served
out for that quarter, but in that month I
went down into Staffordshire, and into York-
shire, upon business, upon an order that I had
from America.
At what lime did you first communicate tu
any magistrate that you were in the course
of this mquiry, and whctlier you furnished
tltem, or any particular magistrate, from time
to time,wilh the notes you have been reading
in court f — I consulted with a friend, and m-
formed him thai there were such and such so-
cieties about Loudon.
I am not asking you what you informed a
friend ? — It is necessary I should stale it ; I
should be sorry for saymg any thing that is
wrong, and 1 wish the world at large should
know my reason for doing it ; I did not do it
of myself j but by advice ; it was a gentleman
that I had received friendship from at the
west end of the town ; he recommended me
b}' all means to make a report of it ; 1 did
make a report of it, and have done.
And you have done from time to time?*-
Yes.
When was the first of those reports made ?
— I believe tlie first report that I made must
be in the month of October, 1792.
I shall not at present ask you who that
person was, and whether the report you made
was to any person entrusted with any public
station or merely to a i»ri\'ate friend, to any
person invented with luagistracy so as to
act upon it?— I do not know how tar I am at
liberty to answer this quettiuu ; I made my
reports to a imrson in a quarler that I was
well satisheil that a proper knowledge would
be had; whether it is by a magistrate, or
wlicUi-' I- -.ny body else, it mak^xu) dife-
Trial of Thomas Hardy
[868
ence, I was satisfied in my mind that tbesf
societies would be known by those rcpoitL
If you had told me that it was any body
vested with any public magistracy, I mold
not have asked, but havine said it ia not a
person in that situation, I ask to wbon it
was ? — I have not said so.
I wish then to repeat my question ?-^I said
I would answer it in the best manner I potsi?
bly could, and that is, whether it was a ma-
gistrate or any other person, I was sattsfic^
from Uie quarter I gave my information to,
that it was well known tliat there were these
societies.
Did you hear my question ?— Yes.
Then surely you could not consider that as
an answer if'^you did ; I put this question—
vf3s the person to whom you communicated
your reports in the month of (ktuber 1792, a
magistrate of any species or description, from
a justice of the peace to a secretary of state ?
Li/nam. — If I am by your lordship's di-
rection to answer this question directly, I cer-
tainly will.
Lord Chief Justice Eyre.— I think you may
say that it was or not to a magistrate ? — It
was not to a magii^tratc.
Mr. Erskine. — ^I'hen to whom was it .*
Mr. Attorneif General. — I object to that
quetition being put ; the principle which ad-
mits that it ought not to be asked if it were
to a magistrate, admits that it ought not to be
asked a^ to any body else ; for my part I cannot
sec wliatit has to do with the justice of the
case.
Mr. Erskine. — I am surprised at this ob-
jection ; is this man to be let loose for seven
hours with written papers, and am I not )o
be permitted to try his credit ? when he says
that in the month of Octolicr, 1702, he in-
formed a person of these transactions, am
I not to be permitted to ask him who the
person is to whom he made those reports I
if he answers it was to such an individual,
may I not call that individual in order to show
perad venture, that these reports had no exis-
tence at that time, or that he did not show
them to the person named ? I shall be per-
fectly satbfied with whatever judgment the
Court {tiease to pronounce upon this occasion,
but I certainly think it my duty to insist upon
the question.
Lord Chief Justice Ej^re. — It is perfectly
right that all opportunities should be given to
discuss the truth of the evidence given against
a prisoner; but there is a rule which has
universally obtained on account of its impor-
tance to the public for the detection of crimes*
that those persons who are the channel by
means of which that detection is made, sliould
not be unnecessarily disc'lo.sed : if it can be
made appear that really and tndy it is neces-
sary to the investigation of the truth of the
case that the name of the person should
be disclosed, I should be very unwilling to
stop it, but it does not appear to me that it is
within the oidinaiy course to do i^ or that
8S9J
Jar High Treason.
i^ifite is any necesiity for k io iImi mrticular
cafe; all thai tbU ivitoesB says is, ididtbU
iqion advice; I did from time to time copi*
mwi**'^** with a friend for the purpose of ita
beiDf communicated to a magistratei and in
thai manner it was that I fiame to know these
tiantaations.
J£ there is a rule that the channel hy which
those communications are made should not
be diicloBed, that rule I think will extend to
this case: I rather think thatiye have this
day deteimiaed that there is such a rule, and
I cannot satisfy myself that there is any sub-
afaiUial distinction between the case of tibis
ma^'s going to a justice of the peace,^or going
to a magistrate superior to a juati<^ oT the
peaoe^ pr to some other person who commu-
liicated with a justice of the peace, because
th|5 communication to a justice of the peace,
Qiougb it may be extremely necessary ior the
]Rirpose of bringing ofi'cnces(to light, yet will
not of itself amount to any evidence.
tiv. GiMf.-^-With great submission to your
lord^ps. the way in which the (j^uestion was
put to the witness by Mr. Erskme, was in
order to sift his credit, whether what he said
now was what he had always said ; he asked
him this, not who employed him, but whether
he had communicated to any body what he
had observed at Uie meetings of these socie-
ties; his answer was, thatnc had communi-
cated it to a friend : Now witli great submis-
sion to your lordships, it is the common
practice, that wheu a man's credit is sifted by
Icing asked whether he has ever told the
same stor)- to another person, and he savs he
has told it to a particular person, he is dways
asked who that particular person is, if the
gentleman who is examining him thinks it
Morth while to press the examination to that
eitent.
Lord Chief Justice Eyre^ — I believe in
general, where it is not at all accompanied
with the circunistance of its being a channel
of communicatiou to government for disco-
very, that what you say is true; and the only
Siiestion is, whether tliere be such a rule for
le sake of enabling the crown to watch over
and detect great dlences, the channels of
commmiicatiun are not to be disclosed. If
there be no such rule as that^ your proposition
is right : it appears to me that there is such a
rule, and that we have this day determined
that such a nile exists ; and I do not feel a
distinction between tliis case and that.
Lord Chief Baron MacdonaU, — Ask hini
if it was any servant of tlie public.
Mr. Erskine. — Was it any servant
Mr. Attorney GtntTa/.— I am sure I am
addressing a Court that will always excuse a
counsel, in anv situation, who is acting upon
public grounds, if he should happen to be
mistaken. 1 submit to your lordships, that
the question which Mr. Erskine was about to
put to the witness, is not a question to be put
w itb reapoct to wliat has been stated, as the
ffdncipk upon which the queatiou waa obgi-
A. D. nat. [810
nally put, your lordships will permit me first
to state what was the fact at the time that
this objection arose. Mv learned friend asked
the witness, whether tiie person to whom he
made the communication was or was not a
nuigistrate? As I understood tlic answer of
the witness, it was to this eA'ect; that ho
made the communication to a person who
was in such a situation that he had no doubt
that the conduct of those societies would be
watched by those whose duty it was to attend
to it The question immediately out upon
that was, if it was not a magistrate, who was it ?
Now I know I ought to state with great di^
fijence, any opinion of mine upon a question
of evidence, not having for years attended
any of the courts of law, not knowing what
the practice of the courts is at this day, and
not being therefore able to state from princi*
pie what rule is to be deduced from that
practice ; but in the course of the early period
of my life I have had a good deal to do with
this sort of business in the courts of law, and
I beg humbly to state my own opinion, that
if the rule with respect to asking a question
of a witness be tliat he is to disclose the
channel of communication to a magistrate,
that a question pointing at persons who stand
in situations, where they cannot be strictly
stated as acting as magistrates, but at the
same time have respect to the pubUc office of
magistracy, is a question that is not to be put.
My friend says, ought I not to try the
credit of the witness? I happen, in the habit
of my own profession for the last six years, to
know tlie practice in the court {of exchequer;
it is a sort of thing that occurs every day: a
witness savs, I had an information that the
defendant had committed an offence agaia<it
the revenue laws, for which he would incur a
forfeiture of thirty thousand pounds, if you
choose so to state it. What is the principlu
upon which the Court says, you shall never ask
where he got that information? It may bo
said, it is necessary I should know tlii.s
because it may be extremely essential in trying
the credit of the witness who speaks to other
facts, tliat I may know his credit as to other
tacts, by trying how far he is credible to the
tacts he states of A. or B* But what says a
court of justice ? A court of justice does not
sit to catch tlic little whispers or the huaaas of
popularity; it proceeds upon great principles
of general justice; it says that individiiab
must suffer inconveniences, rather than great
public mischief should be incurred; and it
S(>yh, that if men's names are to be mentioned
who interpose in situations of this kind, the
con!«equcnce must k>c, tliat groat crimes will
be passed over witliout any information heing
ohViFC^ alx>ut them, or without persons taking
that partwliich is always a disagreeable part
to tHKe, hut which at the same time it is
necessary should be taken for the interest of
thj public. 1 say then, that the objectioa ta
the question now proposed to be put, — always
stating thatol^ection with the utmoal den«
811]
36 GEORGE III.
7m/ of Thomas Hardy
{81S
rencc to your lorchhins, wliich I do from a
sense of duty foundeu upon what I think the
clearest principle of duty to every individual
who forms a part of the community— I state
this-*that after the witness has distinctly said
tliat he mentioned this to a person who was
to communicate it to those who woiUd ncces-
sarUy take care of the interests of society, in
consequence of that information being com-
fDunicated, that that channel of communica-
tion brines the name of that person within the
rule the Court has laid down.
Mr. Justice BulUr, — Did the witness say
he mentioned it to this friend for the piu7K>sc
of its being communicated to a public officer ?
Mr. EnkiTie, — No.
Mr. Justice Groie. — <<I am satisfied that
from the quarter where I gave my information
the societies would be known;*' I believe
those were the words.
Lord Chief Justice Eyre. — I have it thus:
*^ He made a report to one, who, he was
certain, would communicate it, but not to a
ina£istrate."
Mr. Gibb$, — ^I think he said before that,
'^ I consulted with a friend who recommended
it to me."
Lord Chief Justice Eyre. — lie did so.
Mr. Enkine. — ^Thc manifestation of inno-
cence is as great a princii)le in the administra-
tion of justice as the punishment of crimes.
Mr. Attorney GeneraL-^ Most surely.
' Mr. Erskine. — I will go back again, with
the permission of the Court, in my examina-
tioB. You told me that in the month of
October, 1792, you made a report; by making
a report, do yuu mean that you showed that
book to any body in November, 17 9^, from
which you have been now reading ? — I did
not. Your original question was, to know
how it was that I gave a communication ;
there has been a misunderstanding, how it
was that I did give any iufonnation ; I told
you 1 was advised by a friend to give a com-
munication, and that from him 1 was recom-
mended to give that communicatiun, and I
gave it in a quarter — 1 believe these were the
express words— I gave it in a quarter that I
was well satisfied tiiat it woulci be known,
that there were these sort of societies in
London ; the mistake that has been made is,
that I continually communicated with this
gentleman that I first of all consulted *. I never
saw that gentleman afterwards, but the chan-
nel, the quarter tliat he directed me to^ I
pursued all the way through.
You were advised by a friend, to whom, no
doubt, you had communicated what you knew,
to make that communication to a person
whom that friend recommended ? —Just so.
Was that friend, who advised you to make
that representation, a magistrate ? — No.
Then who was that friend ?
Mr. Attorney General, — I really must object
to the question.
Mr. Enkine, — My question is not — ^who
the person is to whom his friend recomp
mended him to make the commanication,
because he has said that the person he went
to, by the recommendation of^his friend, was
a clianncl from whence government was
hkelyto be informed; therefore I did not
mean to put any question in the teeth of what
the Court have resolved : but I have only this
to say, that I was not present in the morning
when your lordships determined iu My
question now is, who was the friend (which
friend was not a magistrate) who did advise
the witness to make the communication lo
another person f
Lord Chief Justice Eyre. — If the priociple
be ri^ht, I am of opinion it extends to fnat
question, because the disclosing who the
friend was that advised him to go to a majgis-
trate, is a thins which puts that friend m a
situation into which he ought not to be put,
and into which it is inconvenient to general
justice that he should be put.
Mr. £r«Arintf.--Supposin|, for instance, that
I were in possession of evidence, but which I
could not possibly produce to contradict this
witness, that he haa made no such communi-
cation to any living being at that time; that
this is all an invention and fabrication ([state
it only for augument's sake, which I have a
right to do\ how is it possible I should do it, if
I cannot be allowed to extract from the
witness who the person was to whom he
made the communication, and who advised
him to give information to some other person?
It will be asked, is it an honourable thine?
Is it to be supposed that, in this country, the
law and the liberty of the subject — and, I
trust, that the law and the liberty of the
subject will always go together, and [ hope in
(jod that the time will never arrive when the
huzzas of popularity shall be against the go-
vernment ana administration, out that the
government and administration shall be so
conducted as to carry along with them those
huzzas of popularity which always attciKi a
government well administered — if that be so,
all 1 want to know is, that which can expose
no man to contumely, namely, that he has
advised a person, who tells him that he has
discovered something, which, erroneotisly or
otherwise, he conceives to be a conspiracy
against the public, and, he says, go to a magis-
trate.
Suppose I were to advise any man who
told me he had discovered something which
he thought the public were interested in
knowing ; I should say, I am busy, I am no
magistrate, I advise you to go to the secretary
of state, and tell it ; should I think I was at
all brought in question for having given an
advice which I could stand to in the face of
the whole world ? how then can the public be
affected by it, if I was to go on to ask him
afterwards, who is that fnend to whom you
made that communication ? If it were not for
what the Court has already pronounced, I
should say, that the same argument will even
go frrtber, namely, that i f I were to call upon
813] for High Treason.
the man to whom he made the communica-
tion, I could not extract from that man any
thing he said, but I could ask that man, did
the witness make the communication to you ?
Suppose the witness says, I communicated
this in the month of November, 1702, to Mr.
Wliite, the solicitor of the treasury, should
not I nave a rieht to ask the solicitor of the
treasury, whetner that fact were true or no ?
I could not go on to ask Mr. White what he
did communicate to him, but I could ask him,
whether, in point of fact, he did communicate
it to him ? And if he were to say, I never saw
the man in the month of November, 1792, at
all ; I sot the communication from another
channel; I never saw his face till I saw him
in this court, would not that shake the credit
of the witness with any man of understand-
ine ? I apprehend it would.
It seems to roe, therefore, with the greatest
submission to the court, that the public is
guarded by that distinction; and, in the
course of the discharge of my duty at the bar,
I hope I shall so distinguish the cases, that,
in preserving the lives and liberties of those
who are to be tried, the law and constitution
of the country may thrive along with them ;
and they never can tlirivc unless they thrive
together. I think there is wholesome justice
ID It. All I propose to ask this witness is the
first question ; I cannot ask the second, be-
cause I will not attempt to ask what the
Court has decided must not be asked ; I sub-
mit he must state the name of the person to
whom he communicated it ; then have I not
a right to subpcena that person ? I will then
ask, when did you tell it him ? at what place ?
who were present ? Then I ask that person,
i& it true? But if I were to ^o on farther, and
ask, what did he communicate ? in order to i
try the tnith of this wrilintr, there your lord- I
khips would stop mc. I apprehend that is the ;
dbtinction.
Mr. Gibbs. — I submit to your lordships
whether this is not the distinction: That
where an infornicr in the Exchequer pro-
ceeds upon an information of facts — commu-
nicated by anotlier person, that he should not
be called upon to uisclose the person giving
him the information : But it is perfectly new
to me, I confess. I have no doubt it is my
ignorance, I mean blameable ignorance, be-
cause I ought to be belter informed in my
profession ; but I never have met with an in-
stance in which it has been objected to ask-
ing a witness, upon cross-examination, who
the person was to whom he communicated a |
ikct that he states, because it happens that ;
the person to whom he did communicate that !
lact, did advise him to communicate it far- '
ther to a magistrate. I know it is established \
in the court, in which your lordship long .
presided, that where an informer has commu-
nicated iacii to a person, and that person has
IcUd upon tiie coinmunicHtion of those facts,
they cannot ask who brought those facts to
his knowledge ; but when you ask a witness
A. D. 1794.
[814
whether he has communicated it to any other
person, and he tells you he has, whose name
tie does not mention, because he says that
person advised him to communicate it to a
magistrate. I think it never has been held,
in a court of justice, that that was an objec-
tion to the question.
Lord Chief Justice Eyre. — There is some
doubt in the court how the fact stands ; whe-
ther, in consequence of tlie first advice that
he received from his friend, he aflerwarda
disclosed those circumstances to the same
friend, by whom he supposes it to be commu-
nicated regularly to some magistrate ; or*
whether he applied to some other person. I
understood him that he applied to some other
person himself.
Lord Chief Baron ilfac£/oaa/(/.— My reason
for wishing him to be asked, whether the
person, to whom he originally made the com-
munication, was a magistrate or not, was
exactly upon the same principle as my lord
chief justice now states. I could wish it to
be distinctly known^ whether the person to
whom he first mentioned it was the person
who communicated it to a magistrate, or a
person who simply advised him to communi-
cate it to a magistrate.
Mr. Attorney Genera/.— I wish to have it
understood that the objection I now take is
this : That Mr. Erskine has no right to ask
the witness who it was that advised him to
give the information to a person who stands
in the situation of a magistrate; for, I say,
the person by whose advice the information
is given, is to all intents and purposes, the in-
former. I wish to explain myself; who this'
person was, and what effect it may have in
the evidence, it may be impertinent to sug-
gest ; what it is intended to prove, really I do
not know; but your lonlships will recollect that
I stand here as the prosecutor lor the public ;
if I were in my own cause I could sacrifice, at
my own pleasure, principles which appear to
me to be the principles of public justice ; but,
in the situation in which I stand, I do not
know how I can regulate my conduct better
towards the public, and towards the prisoner,
than by acting u|)on the principles of^ law, as
I understand them, admitting at the same
time, that no man is more likely to be mis-
taken : but this 1 will say distinctly, that I
would not trouble your lordship with the ob-
jection that 1 am now suiting, if I were not
perfectly convinced, upon the best judgment
1 can form, that the question cannot be put
to the witness ; and L mean, according to
my duly, and with very humble deference to
your lordships, to beg to have your lordships*
opinion.
I know very well that it may be strongly
argued, as it is very strongly argued by my
learned friends, why, how are we to find out
whether a witness does or does not speak
truth, if we cannot ask him this sort of ques-
tion— who advised vou to do so and so f oup-
poae he says Mr. White, the solicitor for the.
8 15 J
35 GEOKGE III.
Trial of Thomai Hardy
[816
treasury, should not I call upon that gcntle-
aoau? — not, says my learned friend (and I
wish your lordships to try this reasoning), not
to abk what were the partiailarsof the com-
Qiunication, but to ask the fact, whether-this
person did or did nut advise with him in the
year 1792 ? Nuw wiiat is the reason that you
cannot ask the particulars of the advice ? the
very same reason why you cannot ask to the
fact, whether he adviscnl with him or not,
videlicet, that- in the ^iven case it supposed a
principle of public Justice, wliich overbalances
Uie private mischief that happens in the rase
stated.
Id the Court of Exchequer it unques-
tionably happens every day, that a witness
says I received an information that there were
nm-goods at such a place, I went there, and
found them. There it is impossible to deny
that the reasoning is just, which says, that
the credit of a witness may be tried bv ask-
ing him, whom did you receive the informa-
tion from ? where ; under wlmt circumstances ?
and if the man were bound to answer to those
questions, and he had spoken falsely, with
respect to tiie when and the where he bad re-
ceived it, or under what circumstances, if it
rested upon his evidence, when you had fal-
sified it with respect to the preceifing particu-
iarsy you could not believe him as to tne sub*
sequent particulars, and the defendant must
be acouitted. N obody will deny but tint it is
a hm case, but it has become a settled rule,
because private mischief gives war to pnb-
lie convenience ; and it is an hardship whrch
occurs in particular cases, in consequence of the
necessities of public iustice.
To explain myself— without making any
prpfessions respecting my own conduct, I
might fairly say, I ought to have my gown
stnpped of} my back, if I, acting upon any
thing but conviction that I am rignt upon
principle, and a principle that I cannot, in
my situation, sacrifice — suppose the prisoner
now trying, in the course of a transaction of
that kind, wliere the consequence of his being
convicted was not what it is in tliis sort of case,
but that which, with respect to his pecuniary
fortune, would ruin him over and over again,
the abstract justice of the case is exactly the
same ; and yet it is quite clear that that di-
rect question, who gave you information, in
consequence of whicii yuu prosecute for those
penalties which are to ruin the defendant ?
could not be asked. Then I ask this, whe-
ther, in common sense, and upon principle,
the man who advises him to inturni, is not
substantially and really the informcr~and
whether the principle of law, which has said
that you cannot ask this que>tiun, l>ecause the
consequence of asking the question will be,
that those who may not have nerves so strong
as my friend and myself, who would not care
a farthing if our names were mentioned ; but
great numbers of persons in the world would
not choose to have their names mentioned on
saich occasions; and with respect to UmI
feeling, call it fear,' or imprudent reserve, it
is a substantial principle in law, that a man
shall not have his name disclosed.
I have thought it my duty thus to state the
grounds of my objection. I have made it,
oecuusc I am convinced the objection is
right; when I state that, your lordship will
easily believe, I do not mean to contena that
it is right, because I am convinced it is right,
but because I cannot, I think, discharge my
duty to the public without statine my objec-
tion as 1 fool the objection ; ana in cases of
this great weight and importance, and inde^
in any case, I do not know how the attomey-
-general of the country can proceed more
safely than accordmg to his own notions;
they may be mistaken ones, but according to
his own notk>ns of what the rule of justice is.
Lord Chief Juptice Etfre. — I, for my own
part, adhere to my opinion. I think we must
stand upon the principle, and that when
wc run into very nice distinctions upon
a principle, we get into difficulties fimn
whence I never know how to disentangle my-
self, or to relieve my mind. The question n,
whether, if it be opposed, any of the channels,
by which this information and discovery comes
to the officers of the crown, should be unne-
cessarily disclosed ? I say unnecessarilv, be-
cause it is no part of this fact at all wbether
this man did or did not mention this circuni-
stance to this friend of his, or whether tho
friend of his gave him any particular adfice.
The only way in wbich it is permitted to be
asked, is, be<^use it may enablethe defendant^
by drawing out circumstances collateral to
the fact, to establish a contradiction to the
witness upon those collateral circumstances
and so to affect his credit. Now that woukl
be true of every question that the wit of man
could suggest; yet, undoubtedly, there are
man^ questions which, even upon a cross-
examination, a counsel is not permitted to
ask. My apprehension is, that among those
questions winch are not permitted to be asked,
are all those questions which tend to the dis-
covery of the channels by whom the discki-
sure was made to the officers ofjustice ; that
it is upon the general principle of the conveni-
ence of public iustice not to be disclosed; that
all persons in that situation are protected from
the discovery; and that, if it is oDJeclnd to, it is
no more competent for the defendant to ask
who the person was that advised him to make a
disclosure, than it is to whom he made the dis-
closure in consequence of that advice — tlian it
is to ask any other question respecting the
channel of communication, or all that was
done under it. I never can distinguish, for my
own part, the cases ; if my brothers are sa-
tisiiea there is such a distinction, I shall be
glad to submit to their opinion ; but I think
the principle extends to this case ; for, un-
doubtedly, an immediate answer to the qiiei*'
tion puts the person who aave this advies^
into tne sttuation deseribedoj Mv. AVIanner
G«BBnl^of bew^ in sabsUmoe^ tbe infiMnw'
817J
J^Y High Tfeason.
A. D. 1794.
[818
to governmeRt of this traosaction which this
num discloses. I am of opinion, therefore,
within the general nile npon this subject, the
question ought not to be asked.
Lord Chief Baron Macdonald — It seems
?;ou are agreed now with respect to this
act, namely, that the person, to whom the
witness says he made Uie first disclosure, was
xieithcr a magistrate, nor any person con-
cerned in the executive government of the
country, and that from that |>erson he received
advice no longer to apply himself to him,
because that was of no use, but that he
aliould apply himself to some person, either
Ib a magisterini character, or m some way
concerned hi the governnieutof the country.
There is no rule more sacred, undoubtedly,
than that you ought not to ask any witness a
gueslion by which it shoukl be disclosed to
what magistrates or officer of the executive
government he gave communication; and
were I satisfied that the friend, to whom he
disclosed this matter, was in any way a link
ia the communication, or a eliannel tnilv and
substantially in the communication, I should
certainly think that rule applied to him. On
the other hand, it seems to me that upon a
cross-examination it is material, when apcr-
qon at a distance of time, gives an account of
transactions, to know whether it was then
§Oi the first time that he gave that account,
or whether he gave that account recently
afler the transaction, or when he gave it, as
that is a matter from whence important in-
ferences may arise for the defendant.
I think tliat that micstion should be asked,
UBless there should oc a verv great public in-
convenience on the oilier side,, which renders
it much better fur public justice in general,
that the defendant should lose the benefit of
that question. In the )>articii]af instance it
does appear to me, that a person not executing
magistracy is in no situation to make it
danjgerous. A mere private person simply
nymg, do not come to me, but go to some
jterson thai can be of use, 1 think— as no f)os-
sible disadvantage can arise in a case of that
kind — it is a iair question to be a^ked, in
order to ascertain how a matter of this sort,
alarming him, and attracting his attention,
was or not revealed by him. 1 mean to draw
the line distinctly in this way, that this person
not being connected either with magistracy,
or the executive government, it does not seem
to me^ in point ot fact, to fall within the rule,
vhich rule I hold sacred.
Mr. Baron Hot hum, — ^The witness has said,
1)0 communicated thio to his friend, under an
impression and lull persuasion tliat through
Um the intelligence which he gave was to be
cpnveyed to a magistrate ; that he has dis-
tfictly said. Now the question, as it seems
to me, does turn upon the principles of public
uliqy. I confess, for my own part, that upon
thpM principles I cannot sec any distinction
W|wecQ making a disclosure to the mafis-
titt J^ima^K ox making it to any person who
18 to' communicate that disclosure to the magisr
trate ; the principle is, that public justice de-
mands, in many cases, that sort of secrecy,
without which government could not be car*
ried on. There are many cases, we all know,
where it is of the laist importance to us all, that
such secrecy should be observed ; and it is
admitted on all hands, that if the communica-
tion is made to a magistrate, you shall • not
oblige the witness to disclose who that ma-
gistrate is ; that is for the purpose of public
justice to the country. Now here this man
has communicated to his friend for the pur-
pose, and under the persuasion of his going
direcUy to a magistrate, being advised by him
to do what he did. I cannot myself^ I confess,
distinguish the situation of that friend from
the situation of a common informer— and we
know very well that it would not be permitted
to ask that question of him— here I consider
this (I am sorry to differ from my lord chief
baron) as a link of the same chain ; I do con«
sider that it makes no sort of difference whe-
ther tlie intelligence is directly conveyed to
the magistrate, or by more indirect means;
the purpose for which it is disclosed to thi»
man is, that of being conveyed to tlie magis-
trate; and I think upon principle that public
justice would be defeated if such a thing wa»
allowed.
Mr. Justice Bnller^ — Cases have been alluded
to respecting offenrescommitled against the r#<
venue laws, and therefore I paid the utmost at«
tention to what has fallen upon this subject
from my lord chief justice, my lord chief bs^
ron, and my brother Uotliam, because th^ are
better acquainted with those cases Uian I am.
The principle, as taken from them, I should
be disposed to pay the utmost deference to,,
and I think I do not differ from my lord chief
justice in the principle he has laid down:
perhaps in the a|>plication of it I shall differ
onlv a little, and I fancy my brother llothani'
and I differ in the application of the law,
rather than in the application of the facts.
My lord chief justice, and my lord chief
baron, both say, the principle is, that the dis^
covery is necessary for the purpose of obtain-
ing public justice ; and if vou call for the
name of the informer in such cases, no man
will make a discovery, and public justice will
be defeated. Upon that gn)und, therefore, it
is, that the informer for the purpose of a pub-
lic prosecution, shall not be disclosed. This
principle goes to exclude the question rcspecV-
mg the second person, that is, the person to
whom the witness, after having consulted his
friend, went to disclose all that passed ; but
the mateciai thing to be considered here is^.
whether the witness should answer the first
question. Now let us see how that fact
stands. I agree witli my brother Hotham^ if a
middleman is made the channel of communi-
cation, he ought to receive the same proteo*
tion as the first person to whom it is men-
tioned-; but upon the fiict of this cas(& t vikft<
it to be (\ui\A.v\lk^iv«\«ie^>)«(»»«^ >\\^ V\>»r»>
3G
819]
35 GEORGE HI.
according to the evideixie he has given, dbe^
not coraniunicate to another man, for the
purpose of prevailing upon that other man
to go to a magistrate to make the disclosure,
but consults him merely in the character of a
Srivate friend, reserving in his owu breast to
etermine afterwards whether he should or
not'make that discovery, which should or not
draw the attention of any person in office,
Now if his first conversation was merely
with a private friend, in order to make up his
mind' whether he should or not make the dis-
covery to some person aflerwards, for the pur-
pose of inquh-y or prosecution, and reserving
in his own mind whetlier he should or not
follow the advice of that private friend, it
seems to me the case is different, and this is,
I tliink, an answer to the arguments Mr.
Attorney- general has used ; he has ably and
ingeniously put it upon this ground, that the
person who gave the witness the advice is, to
all purposes^ to be considered as the discoverer.
I cannot ajgree to that, because it never was
the intention, in the communication made by
the witness, tliat his firiend should be the dis-
coverer ; he only asked him some questions
for the purpose of nmking un his own mind
whether he, the witness, snould make the
discovery or not ; therefore I cannot consider
that person who was merely consulted as a
private friend, as being the aiMM)verer. My
opinion upon the whole is, that he ought to
answer the first question, but not the second.
Mr. Justice Grose,— In this case, it seems
to me, that we all agree about the principle,
the question is who is right in the ap-
plication of tlial principle ; for wc do most
perfectly agree in this principle, that the
name of the informer is not to be di!>closed :
that is the law stated ; that is the law agreed
and argued upon by the counsel on both
sides. Then the question in this case is,
whether this person, whose name is asked,
is to be considered as the informer. Now
the evidence is this; I consulted with a friend,
who advijsed me what to do, and to make a
report. I did so, and I have done it from
time to time. Then in consequence of whose
advice is it that this is done ? In consequence
of this man's advicr, whose name is now
asked. if it is in consequence of his
advice, I must confess it docs seem to
me that, essentially and substantially, and
according to every idea of good sense, he must
be considered to be the informer : But it is
very tme that, perhaps in the course of tliis
investigation, tne name of some other person
may be inquired, whose name it may not be
GOmj)etcnt to ask, and the reason may be this,
that in the course of this business there may
be more informers than one, and the same
principle that applies to one, will apply of
course to the others : and when I find that
the evidence is, that this man advised the
witness what to do, I must confess that the
uritness having acted in consequence of that
advice^ he seeiDS to me to be aa eapentialllj-
Tfktl ofThonua Hardy
the informer as asy One penon €uibe m.^iii
case, because if it had not been for hit edvke,
non contiat, that this would hftve fteen den^
I therefore, however unwilling I em, and I am
always exceedingly unwilline in a case where
lite is at stake to shut the aoor of evidenee;'
yet where a point of great constitntional law.
that which is to affe^ the public justice of
the kingdom is hi quesUon, I oMiel decidb
upon it as my conviction tells me is right, at
tlie- same time lamenting that tliere should'
be such a difference in tm Court as theieis
now, becaase I am very willing to confess
that it has not been the habit of my mc-
tice, never having lat in that coed, where
those questions most frequently arise, to ^
cide upon those questions;^ but however the
little ability I have I must emoloy upon the
subject; and taking the rule and the principle
to be that the name of the infonner is not to
be disclosed, I can only look to whether thia-
person, whose name is referred to, is the
informer or not ; he appearing to be essen-
tially the informer, I thank, according to the
nile of law, the question ought not to be put.
Mr. Enkinc, — Did you communicato any
other part to this person from whom you re*
ccived that advice ? — No.
Was that before or afUr yon had been aS
the society?— Afier.
How lone after? — I communicated it In the
month of October : immediately af\er I knew'
that there were societies of this sort, I com-,
municated it to this friend of mine; he is x
gentlemen of very considerable property— «
Let us have nothing about him. Now yov
know it is not legal to name him, you are
going to give ine a description of him?—
His advice to mc was, to give information ;
this was after I was acouainted that there waa
such a society as the London Correspondifig
Society ; in cons(K|uence of that advice I gave
information immediately, which was in the
same month of October, 1T99, and I continued
it to the month of February.
Did you communicate your reports io
writing from time to time? — In writing.
Did you give copies of them ? — I gavecopiest
You have nothing else, have you, in your
book, except that which relates to this bui^
ness?— I do not immediately recolleet— T
believe I have some.
In that book from which you have been
reading most of tlie day ? — ^I have two of tifem.
Is there any thine tliat relates to your pri^
vatc business in eithci of them ? — I have some
private memorandums.
Fold thom down, if they are loose ; we &Ck
not want to concern ourselves with yom
afi'airs, or any thing that does not relate
to this business. Did not you approprirti
these books for this sort of infonnatloil)-«l'
did. -i '
What leads you then to
there are any otber i^"**— *
other businemi^*^'
baoauMlA
821]
Jor High Treason*
A. D. 1794.
[829
fonutioD from different gentlemen; and, oo
CMJonally, I made a memorandum of that
comrounicalion, and I should not wish for
tliat to be seen.
. Look over your book. — It is impossible for
me to do it in this light ; I will look the book
over; I have no objection ; I will eo into any
Toom and look it over, and I shall give you
the book with the greatest pleasure imagio-
abk.
I am not asking any &vour of you, or wbh-
ing for anv thing that I am not entitled to
have. — I do not wish, by any means, to report
any thing but what is absolutely the fact;
nor would I wish to withhold any thins that
I do not think is right to be withheld. I
know there are some private merooranduma,
and it b impossible for me to look them
Ihrougli now, while I stand here.
Then take those out, and let us have the
bock to-morrow.— *I am very ready and wil-
liiu;.
Mr. Mtarmey Gcnerul. — ^You will attend to
Mrhat the gentleman says?-— I am perfectly
willing.
Mr. JSrsXrine.— You have some papers that
are not mixed with any thing of that sort? —
I am not sure that there are no memoran-
diwie of that kind on tliem.
Was it the custom at these meetings of the
Megtttes of the Corresponding Society for the
members to take notes of all that passed ?—
Hiat was always a regular rule.
For everv delegate to set down every thing
that passed? — Sometimes there was a com-
munication which has been conceived by the
chairman not proper to be communicated to
the divisions; and Marg,arot has said, you
must not communicate tliis ; and as to this
bode that you are asking for, the delegates
were allowed to take reports or information,
whether from the chairman, or any of the de-
legates, either with regard to a letter, or anv
oiher matter. The chairman has said, though
you are informed such a thing has been wrote
or hat happened, tliough vou are allowed to
lake a minuie of it, we tell you it is not fit it
should be communicated to the divisions;
but that notes were allowed to be taken at all
limes is true.
I am not asking what was allowed, but
whctlier it was the practice? — It was the
practice cveiy night
It was the practice for other members to do
as you have been doing, to set down in a
Joose paper, or in a (iook, all the transactions
that tncn happened ? — It was.
And the substance of what every body
iaid?-~I have heard of some reports made by
ether people ; this circumstance might strike
W| and another circimi&tance might strike
aBather, which I might not take particular
I nWmOt think it worth while to put down.
\ do not profess that what you have
K^ CHPilar account of the most
occurred: but that they
i ilpitoUe /or your jNir-
pose to set down ?--I do not know how to
axiswer that question, as you put it, I do con-
ceive that a delegate being sent to know what
business the society was transactinj^, that he
should take the best account of it that ho
possibly could.
That was vHien a man was really a dele-
eate, but you were not there as a real
oamdjidc delegate, but for the purposes of
justice ?— I was elected a delegate, as I stated*
m the beginning of Novcmoer, 1792, and
continued so till Uie month of June, 17 DS.
I do not seem to make myself understood ;
did you set down every thing faithfully that
passed, or onlv select such matter as appeared
most material for the public to know? — I put
down every thing I p<Msibly could ; but I did
not put down every thing that did pass, nor
was it in the power of any of the delegates to
do so; but it was the invariable practice of
the delegates to make minutes either upon
paper, or in l)ooks, for the purpose of commu-
nicating wliat had been transacted at the
meeting of delegates at the next division, at
their meetings, on different nights, from
Thursday to Thursday.
Then those are the very reports that you would
have made, had vou been bond fide a delegate,
and doing vour duty as such to that societv k
— I made these notes as a tt^Xlhon&fide dele^
Skte to No. S3. 1 made those reports at that
vision.
Have you been in no other way of dealing
but an ironmonger, and in tliis commission
way? have not you kept a china shop?—*
Never.
Wlien you communicated to tliis person,
who, you thought, would go and communir .
cate it to a magistrate, did you rest satisfied
that j^our friend wonld do so ; or did you at
any time go to a magistrate yourself? — I in-
formed you, when you asked ine that question,
that the information was not given to a ma-
gistrate : I told you that it was by Uie advice
of a friend, who coniirmcd my own opinion,
entertained at the tirst. When 1 found thia
societv at the sign of the Mansion-house, it
was absolutely necessary it should be known;
he recommended me to that quarter, which
quarter I was persuaded was that of a cerr
tunty.
Lord Chief Justice l^^r«.— You are asked a
simple qtiestion; did you yourself go to any
magistrate? — I went to no magistrate; but
was advised to go to another quarter, and I
went to tliat quarter
Lord Chief Justice £yr«.— I wish you would
not overpower the coun<»cl or me with word^.
Vou are asked a simple question, whether you
did, or not, go to a magistrate ?— I did not.
Mr. Erskine. — Did you learn from your
friend, whose name I do not ask, whether he
had, in point of fact, laid from time to time,
the communications before a magistrate, that
you laid before him for that pur^uM^.^V^^^
that inforroaUofi in>|MA^.
Did j^ dftUvfex ^ous tcY»Vb, ^\fimxa»fc ^^
995]
35 GfiORGE III.
Tritd of Thomas Hardy
[82«
time, to that quarter ; or did you deliver them
immediately to some magistrate ? — ^I sent them
to that quarter.
When you say that, you mean you sent
them to that person, to Whom your friend
recommended you to send them P
Lord Chief Justice Eyn?.— He never said
.that his friend advised him to a particular
person ; if he did I have mistaken him.
Mr. UrffeiTie.— Did your firiend advise you
to lay them before a particular person ?— He
recommended me to a particular quarter.
A quarter ; was it a man or a woman \ —
That I cannot answer.
Mr. Erskine, — ^Not whether it ^as a man
or a woman.
Lord Chief Justice Eyre. — Certainly not
Mr. Erskine.-^Vfz^ it to any particular per-
jBon that you were advised, by your friend, to
tnake this communication or did he only ad-
vise you generally to make this communica-
tion, to somebody? — ^The best way of expla-
nation is to say, that the person he recom-
mended me to, recommended mc to a third
person, and to that third person I gave the
information, and continuea it all me way
through.
Mr. Justice Buller. — Mr. Erskinc, you can-
not pursue that question farther.
Mr. Enkine. — How long was it after the
time wlien you were tried and acquitted, be-
fore you came to the society again ? — I at-
tended the society all the way through, though
not a^ a delegate — I was a delegate to Febru-
ary, 1701.
1 observe you do not take down who it was
tliat made use of any particular expressions ?
—In the course of the memorandums that I
have made, 1 have got names.
I know yo\i have — in general in your book
you do not profess to have taken down the
i¥onls,but only the substance? — Yes.
If a person delivered any opinion, which
opinion might be at some length, you made
the best abstract of it that you could, merely
to say that that was his opinion or his argu-
ment?— It is so; names are put to some, and
sot to others.
If any individual reported a paper, made an
observation, or made an arcument, you took
down just an abstract of that, in your own
language ? — I did.
Were they taken down, bona fide to be re-
ported as a delegate, or were they .they taken
down for the purpose for which we have had
thcin here.? — 'V\\cy were taken down for the
purpose of reporting as a delegate, and for the
other purpose too.
Then it was perfectly bonAfiJe, with rcganl
to the society, and, at the bame time, bona
fide with regard to the public?— Just so.
Have you made any alteration in your mi-
mites since the time you made them ? — I
liave not ; but 1 was going to say this, there
«re some private memorandums that are In
this book, which do not belong to the society;
Ihose private meziiorandtims are wrote «l uift
back of the society's minutes; those 9re socli
as, I think, it wotild be very impropor for me
to deliver up, and therefore I wish to know
what I am to do in that case.
Cannot ]^ou paste somethine over thtm f-—
I could do it, it I were allowed time.
Lord Chief Justice Eyre, — It is alwt^
usual, and very reasonable it is, when a wit-
ness speaks mm memorandums, that tbtf
counsel should have an opoortunity of looldng
at those memorandums, wnen he is cross-e&-
amming that witness. If there is any thing
that you say, upon your oath, does not relate
to that subject, but some other subject, to be
sure it is impossible that it could be asked,
that tliat should be seen ; how to arraop
that in a very long evidence, like this, is
among the difficulties of so extraordiuarr a
case as this is; we must struggle with it as well
as we can ; whenever you are at leisure to ^
through the subject with him, if he hoMs bis
papers in his hands, you can ask him, as to
nis minutes, if they could be separated by
pasting over, or if, with safety, by obliterat-
ing those parts
J.ynam, — I could obliterate them with a
pen and ink, but there is no erasure, to my
knowledge, as they stand now.
Lord Chief Justice Eyre. — Could you obli*
terate those memorandums which concern
other people, with a pen and inkl*— I could. '
Lord Chief Justice Eyre. — Have you any
objection, Mr. Erskine, to his obliterating his
other memorandums with ink, you inquiring
of him, upon oath, whether he has obliterated
any of those articles to which he spoke, when
he i^ave evidence ?
Mr. Enkinc. — None.
Lord ('hief Justice Eyre. — In a common
case, it is the usual course, for the counsel to
take the memorandums in his hand, for the
cross-examination, but, in this case, I do not
see how it is possible to do this{ this is a his-
tory', an important and material history, to be
sure, of the dift'erent branches of this society
as it is formed into divisions, acting by com-
mission of delegates for the whole ; and it has
so happened, tnat here are the transactions
both of the divisions, and of the delegates,
that are now laid before the jury ; of course it
must run into great length ; I cannot say into
more length than its importance requires ; we
are ready to do all that we can to assist you,
consistently with not obliging him to discover
what docs not relate to this cause.
Mr. Erskine. — .Am I to understand you
(and this is the only question I shall put till
I see these minutes) do you mean to re-swear
that what you have read to-day, as minules
taken at the time, are the same minutes
which you would have, bona Jide^ taken u a
delegate, had you not had this other "^^^
which you have before descrilM^*^*
swear that. - -• '
And the other del-*^
of taking similar'^
I
825]
jfor High Treason*
A. D. 1794.
[885
him to say, that he did, in fact^ make his re-
ports from tliese minutes; if he did not
make his report to the division from these
minutes, he must have had another set of
notes, fur tie must have made some, from the j
nature of the thing; for they were to report
to the division every thing that passed among
the delegates, that did not come under the
liead of secrecy, on tlie next day of holding
that division meeting; therefore it must be
from some materiab; consequently, if he has
dealt fairly with us, these are the minutes.
Mr. Erskine. — I shall only desire to look
at them in the morning ; perhaps I shall not
put any ouestions.
Ix>rd Chief Justice Eyre. — ^I should, if I
were in his case, put the'book into your ham],
without any difficulty, stating the parts tliat
do not relate to this cause; — then he will
take his minutes, and obliterate those parts
that do not relate to this cause against to-
morrow murning.
Mr. Maclean called again.
Mr. Attorney Genera/.— Did you find that
paper [showing it to the witness! anywhere?
•—Yes; I founuit in tlie house or Mr. Adams.
[It was read.]
Extract of a Letter, dated ShcfTield, ISth of
October, 179'2, signed. << The Editor of the
Patriot," addrcHsed to Mr. Andrews, secre-
tar>' to the Society of the Friends of Univer-
sal'Peace, and tli'c Rights of Man, at Stock-
port
"It only remains then for ii«, seeing the
great and mnumcrable difficulties we have to
encounter, to cubt about for the most likely
and proper ineaus and weapons by which to
defend ourselves, and to forward and support
such meaMirch as it may be necessarj' to pur-
sue ; and on this head, my good sir, permit
roe to impress it on the minds of your society,
that reason, imperial reason, must ever be our
fmcralissimo, or commander in chief; when
say this, I beg leave to add, tiiut art must
be second in command ; by the word * art,'
I do not mean cratt or cunning, but that
mode of application of onr reason and argu-
ments on (iiflorcnt men, and on dillcrcnt oc-
casions, which only a ronsidcrable degree of
study, and practical know lciir;e also, of men |
and manners, can ever furnish us with, so
as to make us proficientir.
" Allow me then to observe to you, sir,
that I perfectly coincide with you in opinion,
with regard to the dirtfrent societies appoint-
ing delegates to go into the different villagjes,
and country places, for the purpose of m-
ibitaine their minds, and ruusuig them from
the letnarcv in which they seem plunged. I
Ittte alresSTy communicated the same idea to
' ''^"^don Constitutional and Corresponding
■^ ^^ those of Norwich and Man-
will aoon be universally
^^iriDd abject
to be attended to, on this head, is the choice
of men to be appointed; a neglect of this
kind had like to have had very awkward con-
sequences in this neighbourhood^ and, if not
immediately checked, would have injured the
cause of treedom very greatly; infinite care
and circumspection willthenTfore be necessary
on this head.
" As I am on the subject, permit me to
suggest to those members of your society^
who may undertake this arduous, but ho-
nourable and praise- worthy task, that they
cannot be too cautious in their mode of pro-
ceeding. The minds of men, for the wisest
and t>est purposes, are formed by the great
Creator as various and unlike each other as
their faces, and their passions reign over each
with the same uncertain and variegated
sway: and in the same manner that sir Ro-
bert Walpole (one of the elders and fathers
of corruption) very justly observed, that every
man has his price in the way of being bought;
so we may fairly apply the same maxim to
mankind in general, in the article of persua-
sion, and the dextrous method of bringing
them from wrong opinions they may Jiave
formed, or prejudices they may have imbibed,
by an attentive observation of then- intellectual
faculties, and that leading passion of the soul
which governs the main spring of their most
material actions. For example, the generality
of farmers in this county and Lancashire, arc*
as ignorant as the brutes thev ride to market,
and so absorbed in the sordid idea of getting,
that, provided they can keep up the prices ot
grain, cattle, &c. so as to answer their land-
lords, and pay their taxes, however enormoui-,
they are too sluggish and indolent to think
about refornis, or any thing of the kind, yrf
there is one string about their hearts which,
being skilfully touched, will make them
dnnce to any time, and move to any measure.
This is the subject of tythes ; and why docs
it touch them? Why sir? Because it i«.
within the scope of their limited capacity.
Ignorant as they are in other matters, they
see and piingently feel the weight of this
baneful and unjust devourer of all their im-
provements in agriculture and husbandn- :
and I believe, did evei^ tax operate in the
same visible degree which this imposition
does, I fear there would be an end to the idea
of taxation br:ing submitted to at all. Indeed,
as taxes are laid on, at present, by those who
do not represent us, the taxation is neither
more nor less than a robbery ; a submission
to it, slavery.
*• IJut to n;turn to niy subject. In the
same manner that a farmer may be roused by
the mention of tythes, the shoemakers may
by the excessive dearness of leather, the inn-
keeper by the numerous and unnecessary
standing army, and all by a temi^eratc and
dispassionate relation of the immense num-
lier of sinecure places, and uscIcrh o^^kk^^'^vcw
which the cormi^V ^n^ i^xw^VwwV^ SaNtsrazcvVKb^
agenU, Wii& de^tt^vAft «i^ XVtfi tv^ ^»^ ^**^
827]
35 GEORGE ill.
not in the spoils and plunder wrested from
the sweat ot the brow, and continual labour
of the body of the husrandman, the mecha-
Hie, the labourer, and the artificer. It is by
no means a difficult matter to raise general
indignation at the idea of so small a compa-
rative number of useless, idle, and proAi^te
<hroneSy suckine and squandering away the
honey produced by such immense numbers
of hara-toiling and industrious bees. If you
(for I am certain vou will be one of the most
active of these delegates) meet with men who
have violent prejumces in favour of any abuse
or party, never attack those prejudices directly,
ibr that will only inflame and confirm them
tlwmore; pass them over fur the present,
and engage their attention towards something
else, in which thej^ will listen with a less
<k^j(ree of apprehension of being attacked in
a tavourile point; once gain their good opi-
nion, and open their eves to one evil, they
will be more ready to hear you on others;
till, at Ust, the favourite object by which
their eyes were jaundiced, will appear in its
true colours, and fall before your arguments
like all the rest.
** There is one thing above all others which
fequires to be particularly attended to, and
that is, to endeavour to undeceive the mass
of peonle, with resi>ect to those falsehoods
which have been industriously propagated bv
the enemies to a reform, in order to blind,
^lude, and terri^.all ranks of people who
are any way independent, or possessed of
propcrtv. One of these falsehoods is, " that
* the advocates of reform wish to introduce a
' levelling scheme, or an equal partition of
* property,' This alarms the fanners, and
indeed all classes of men, who, by their in-
dustry, or other adventitious circumstances,
arc possessed of the goods of this world. So
many vile ministerial prints as have propa-
gated this doctrine, aiaed and assisted by the
f rivate representations, or rather misrepre-
sentations, of the clcr^, and other tools of
covcmment, and of privileged orders, have
had a very wonderful and baneful effect on
the multitude, and have stamped a dread of
reform on the minds of many tliat I know,
whose situations in life would induce one rea-
sonably to suppose it impossible, so com-
pletely to impose upon them ; however, it
always has been the ca.se, that falsehoods,
boldfy uttered, may prevail tor a time, but
must be overwhelmed, in the end, by the
bright and sacred energies of truth.
** To explain this matter, and many others
properly, will require ^eat coolness, modera-
tion, and patience. I nave found the follow-
ing method answer best: * Do you know
'such a gentleman?* naming simie one of
large property and good character in the
neighloumood, who is known to be a friend
to a reform ; ' Yes.' — ' Well, and do you sup-
' pose that he would promote a scheme that
' would occasion and oblige him to part with
* property he poaaesees, in order for it to bedi-
Trial of Thomas Hardi^ [888
*• vided anoongst strangers whom he never atw
< or heard of P < No.'-^« Why then should you
' suffer yourself to be imposed on by tudi Hi
^ idle tale fabricated and calculated for the
' purpose of raisins a dread in you tgainM
' those more enlightened of your fellow-citi-
* zens who wish (or a reform, as you wouUi
' did you see its necessity ; a dread which
* n)ay cause ^rou to shut your eyes upon op.
* pressive excise and game-laws, eioibitaal
* tythes, an unnecessary standing army, kept
* on foot at the expense of two millions vdA%
' half, for the purposes of influence and cor-
' ruption ; a pensioi>-list, which is a disgrtce
' to the government, and a stigma and re-
' proach on the spirit and prudence of the
' nation ; sinecure places, for the mere pos«
' sessing of which, hundreds of indtvidnalt
' receive thousands a year each, for doing
* nothing at all^ either for the public serrioe
' or their own ; m short, such an enonnaoi
* accumulation of taxes, and so prodigal an
' expenditure of their produce, as no natbo
' on the earth ever heard of or sfubmitted to
' before. To make you shut your eyes, and
< continue blind to these enormities, tho^
* idle and futile tales are villanously dispersed
' abroad ; but believe them not, consult your
' own reason, and it will show you that there
' is a palpable lie on the face of every one ^
* them ?* Then explain the nature, aim, and
end of your society, invite them to attend it,
and to judge for themselves : If. they do so,
they will soon aid and assist you, by adopting
similar ones in their several neighbourhoods,
till, in time, they will overspread the whole
surface of this sea-girt isle.
'* At present, sir, I will not trouble yo«i
further on the siihiect, which 1 now quit to
return to the conduct and regulation of your
own society, and all others which may arise
hereafter ; and as to them, I think the inn-
keepers in Stockport, Manchester, Arc. have
given you a hint and lesson, for which you
ought to esteem yourselves for ever obliged
to them. 1 own their insolence and airaa-
city in proceeding as they have done, is be-
yond example, but only deserving of con-
tempt ; as such, leave them to themselves ;
public-houses were never worthy of receiving
such guests, whose sacred and importaot
duty require and demand to be performed in
mansions more dignified and respectable;
your meetings should be at the houses of one
another in honourable rotation ; and, to pre-
vent inconvenience from too great a numher,
not more than ten or twelve at the most
shotdd compose a primary or district meet*
ing ; more members may be admitted in each
district, till they reach twenty or twenty* four
according to the number fixed on — but then
immediately should divide into two district
meetings; the several districts ahoukl aend
each one member, by election, to a meetiof
of delegates, and this meeting of delegaua
should elect out of their own oody a cerlail
numberj which ia to compoae a mImI )D|j
829]
far High Treason.
A. D. 1794.
[8S0
tiattee ; this select committee to manage the
correspondence, and every other important
concern for the whole of the diBtricts in any
town or parish, suh^ct always to the revision
and approbation of the districts ; the dele-
giates and select committee to be chosen only
fur a itniitcd time, before the expiration of
\C'hich, others to be elected as before, from
the districts, to supply tlieir places, b^ which
rotations every member would in time be-
come qualified to be a delegate and a select
committee-man, though be might not be so on
his first entrance as a district member. These
are only hints on which you may improve or
ftdlarge as much as you please."
Mr. Aitam^ Genera/.— We will now read
ft drail of an answer to this letter, which was
found likewise in the possession of Mr.
AdbflM ; it has no date ; it has two hand-
«ifritin{;s in it ; I may, perhaps, trouble your
lordships, in the course of tnis cause, with
evidence to prove whose hand-writings they
sre, but that is not necessary to enable me to
cead it ; I wish to draw your lordships atten-
tion particularly to the two last paragraphs.
Mr. Jlflc/ean* — i found this paper at Mr.
Adams*8 house.
[It was read.]
«* Gentlemen ;— The Society for Constitu-
tional Information have been favoured with
two letters bearing tlie signature of the editors
of the Patriot. The first of these letters, dated
June 11th, related particulars concerning the
|Hiblication called the Patriot, accompanied by
some of the first numbers. It rei^uired our
opinion, and our public approbation of the
work, with hints for its continuance. It like-
wise narrated several interesting particulars^
relative to the friends and foes of lioerty, their
various habits and propensities, and added
conjectures on the means bv which tliosc
habits and propensities might be turned to tlie
advantage of freedom.
" The second letter, dated October 15, con-
sisted of a complaint of neglect on the part of
our society, a farther statement of facts simi-
lar to those contained in the first letter, and
an account including letters of the proceed-
ings of a society at Stockport.
■■•^ Ail these letters liave been read by the
society for Constitutional Int'ornmtion ; and
the manly spirit in which they were con-
ceived, their honest zeal, and the love of free-
dom by which their authors were animated,
were highly grateful to that society. It was
no feeling of superiority, no intentional disre-
Mcct, and assuredly no wilful mark of insult,
that occasioned the silence of the society. We
were required to peri'orm tliat of which we
w«re uicapable ; to )>a8s judgment on a pub-
lication which none of us had read, and to
correspond with persons in tlic dark, who h:id
not thought fit (for reasons which they no
doubl held to be prudent) to trust us with
Ihdr names. Wliat cam be dq^e? We
admired both the talents and the intention of
our correspondents (or correspondent) '^ but
we are simple, honest men, wanting the
priestly sift of intuition, and could not predi-
cate gooQ or ill of that, of which, not having
read, we could have no knowledge. Sevenu
weeks passed away, and still the members
could give no opinion of the Patriot ; for men
must individually act by their own judgments;
it is the very essence of freedom thai they
slioukl be \e\\ thus to act ; they will read the
book first that liappens most to attract their
notice ; and you, gentlemen, are too libef a),
too just and too manly, to require them to
approve what they had not read, however de-
serving thev might suspect it to be of appro- '
bation. Of tlie purport, however, of your ui^
dertaking, the ardour with which it is con-
ceived, and the perseverance with which if
appears to be pursued, the society finds no
hesitation in both approving and applauding
roost zealousl;^.
" You candidW ask the society for hints ;
but the detail ofyour letters convinces us yoti
arc yourselves proficients. Honest men, howw
ever, advise, asked or not asked, whenever
they imagine that by advising they can do
good. Perhaps, gentlemen, you may have
read and remembered a publication^ by the
late father of Ids country, I>r. Franklin, called
poor Robin's almanack ; in which, with cha-
racteristic simplicity of language, he descended
to the feelings, wants and understandings of -
the lower order, and, in proverbial, iocular
wisdom, conveyed truths to tnem of the highest
importance, truths that prepared them for the
sublime efforts to which they were soon to be
roused ; truths that led them onward to the
avenues of freedom, while their sight was too
feeble to endure the splendor ofthe temple
itself. A certain number of such proverbial
axioms, which men of your genius would
easily invent, arranged at the beginning or
end of each ofyour publications, and appeal-
ing to the real wants, grievances, and affb«-
tions ofthe people, of which you appear to be
perfectly masters, could not fail of producing
an effect.
" We rejoice with you in the increase of the
members and societies of freedom : our bosoms
glow with the same sentiments. We are bro-
thers in affection, witli you, with the freemen
of Sheffield, of Stock|K)rt, and of the whole
world. — Frceduni, though an infant^ makes
herculean efforts ; and tlic vipers, anstocracy
and monarchy, are panting and writhing
under its grasp. May success, peace, and hap-
pine!».s attend those efforts.
'< Permit us to add, tlvat the Society for
Constitutional Information will gladly receive
or coiniimnicate intelligences, and for that
purpose be happy to correspond either with
other societies or with individuals, that make
the great and common cause of an equal and
real representation of the vjeo^le v^ynKVAif-
mcnt, and U\c oV\\et ^T2kXv\ wi^cx* ^^Sx^«^'Wi'»
llieir end. lu\Lot\\\«i\v)Vi om vwiN\ ^>io^«\'^^
831] 35 G£ORGE III.
>\il1,to this society, at all times, be peculiarly
acceptable and gratifying."
Joh H Coo/es sworn — Examined by Mr. Attomcin
GenerAi,
You are vcy deaf, I believe ; are not you ?
-rYes.
Do you know one Franklow ? — Yes.
Were you apprentice to bim ? — Yes.
Where did he iiveP^No. 1, China-walk,
I.ambeth.
How long did you live with him ? — I was
bound apprentice in Ndvember last.
How did your master use to employ him-
self after his work was over at night? — He
used to be out very late at nights*
Wat any thing going on up-stairs in your
master's house r-— Yes.
What?— Exercise.
What sort of exercise ? — Exercise with fire
arms.
Who came there to exercise with fire-arms ?
—I did not know them all— I only knew two
of them.
What are their names ? — Mr. Shclmerdine
and Mr. Williams.
Williams the gun-maker, that lives at the
Tower f — Yes.
Where did Shelmcrdine live? — In Bandy
lee- walk.
How oAen did they exercise there ? — About
twice a week.
Uow many of them used to exercise there ?
— ^About eight at a time.
Were they always the same eight or dif-
ferent pcoole ?— I did not notice them always.
Were tnere sometimes different people
from those who came there at other times r —
I suppose they were all the same.
Were the windows of the room in which
Ihev exercised open or shut ? — Shut,
Were lliry shut accidcntly, or on purpose ?
— I do not know.
But you are sure they were shut ? — Yes.
Whatdoyou mean by the windows being
siinti' — were there window- shuJ Icrs, pr cur-
tains, or what ? — Shutters.
At what time of night did they usually ex-
ercise ? — About ci«jht o'clock.
Do you know whether your master used to
go to any other place about exercising ? — He
uHcd sometimes to go to Worcester-street, in
the liurough.
Was it to exercise there ? — I do not know.
Did the people that came to exercise at
\our master's house, live at Lambeth f — I do
not know.
Do you remember your master being taken
up ?— No ; I was very ill at home at that
tune.
You went back again, I believe ? — ^I went
back a day or two afterwards.
Did you ever see where those arms were
kept that these people exercised with f— Upopi
the first floor.
Aiierjrou went back ag^ m
Trial of Thomas Hurdy
loast
arms lying about the house, opeiii or con-
cealed ? — I did not see any arms after I went
back again.
You do not know where they were putafler
your master was apprehended P — No.
Do you remember any cartouch- boxes f—
Yes.
Where were they put?— In the cutting-
room.
In the taylor's room, were you work?
Where my master cuts out.
What part of that room were they put in ?
— Ly ing a- top of the board.
What was done with tliem aflerwards ?'-i
My master bid me take them to Mr. Shei-,
mcrdine's in Bandy- le^- walk.
Did your master tell you to do any thhig
with tliicm ?— No.
Jvim CoftUs cross-examined by Mr. Enkme.
How did your master dress himsoir when
he went out ?~1 saw him once with 'his ny
gimentals on.
Had he a Ijlue coat with a red cape, white
waistcoat and breeches, and a cockade in his
hat.»— Yes.
The cartouch- boxes were lying upon ihc
cutting-out table, openly in the place ?— Yes.
And the arms were up in the room ? — Yes.
Did the people that exerciscMl, wear the
uniform? — I do not know — Mr. Williams Ind
them on.
Your master walked out publicly in the
street with his uniform ? — I do not know that
he walked out with tlicm.
You have bccn him with them? — I liavc
seen him witli tliem on.
John Coates re-examined by Mr. AiionUy
General.
Did you ever sc*e him out with tliem ?—
No.
You told my lord and the Court, that you
had seen your master with those regimentals
on once — W^hcro was that ? — In his own
house, one Sunday morning.
Did you ever sec him go out with those re-
gimentals ? — No.
Did you ever see any body come into the
house with tliose regimentals?— No.
Mr, Erskinc. — You saw but five or six, I
think you say, exercise in the house ? — Only
eight.
Mr. Jamci Waish sworn. — Exammed by
Mr. Law,
Were you at Chalk-farm on tlie 14th of
April?— Yes.
Do you remember Richter being there P—
Yes; I remember his reading some solu-
tions.
Do you remember anv thing being sud hy >
him, or any body else^ aBout <alliog a coovoh
tioo?— r ^Mid tiCs wind CommmUm; but.
. diatX could wt
SSSi
' Jar High Treason.
A. D. 1794.
[834
But did any tlnng accompany the word
coBtentioai ?-^[ was not near enough to hear
correctly.
I)id vmi heiar any thine about corresponding
with oiher societies f — Yes ; I heard that they
had formed a correspondence with difl'ereiit
BOcifltieSy and that they mentioned the prin-
cipal towns in England, I think, and some
towns in the North, and several different
towns ; but I was at so great a distance, that it
was impossible for me to collect what was said.
Then you did not hear what was stated to
be the object of this correspondence ?— Not so
as to collect any thing.
Did you hear the resolutions moved? — I
heard them read.
Did you hear it mentioned what number of
those resolutions should be printed > — I think
it #as mentioned, that one hundred thousand
had been printed of the former resolutions,
and that not having been sufficient, that two
hundred thousand should be printed of these
resolutions— that I heard distinctly.
Was any thing else besides the resolutions
ordered to be printed— any speech?— I cannot
speak to it; but I think they mentioned some-
thfti* of my lord Stanhope's speech; but I
wouM not pretend to swear it.
Do you remember Mr. Thelwall speaking ?
^-Ido.
What did he propose?-— I was not in a situa-
tion to hear distinctly what passed — he was
fery violent, as usual.
Did ymi distinctly hear any thing said
aboiit arms? — No, not at all.
Mr. i5r«/fci»c.— Did you go from curiosity ?—
No; I went on purpose to see what they were
about.
Mr. Litw. — Do you remember a person
stating hinihclf lately to have conic from
Ireland ? — Yes ; there wu^ a man who said so
—he need not have stated it ; fur he had the
brcmie very strongly.
Was the prisoner there?— I cannot swear
he was — I was told he was there; but I do
not know it.
Thomas Green sworn.— E.xamined by Mr.
Attorney General.
Were you a member of the London Corres-
ponding Society .^— Yes.
What are you by trade ? — A manufacturer
of perfumery.
Have you had occasion to deal in knives
ktely ? — I have dealt in knives ever since I
have been in business ; in cutlery in general,
such as is customary fur perCiimery shops.
Have you had any knives fur the purpose of
sdefy or for any other purpose, that, when you
opened them, are difficult to shut again, on
aoeouDt of a spring ?->I have had a knife that
h$M a calch m the back ; it is not diflicult to
la it hard to shut witliout opening the
«!r— No, not hard.
,«5¥^ ^^ ** without knowing the
t€r&ingit?-.No.
How many had you of these knives at any
one time in ^-uur own possession ? — ^Thrco
duzen.
Where did you get them from ?— Sheffield.
How many of ttieni did you part with .^-o-
Fourteen.
Whom did you part with them to? --I do
not know all the persons.
Do you know any of the persons ? — Yes ;
I can name about three or four.
Did you part with them in single knives,
one at a time, or sell more at a time ?— Single
knives, one at a time.
Did you part with any to the prisoner ^ —
One.
You sold him one ?— I sold him one.
Did you put more than one into his posses-
sion, for any, and what purpose ?— They were
done up in packages, not more than seven,
nor le&s than six ; I gave him one package to
make a choice out of; he pakl nie for one
knife, which he meant to keep.
What was he to do with the rest? — I had
four back aeain.
When did you get those back?«-I do not
recollect exactly the time.
How long was the whole package in the
pri^ner's possession ?— I do not know exactly.
It was a verj' httle time; I knew Mr. Hardy,
I bought shoes of him ; I never booked them,
and therefore cannot say exactly; but it was
not many weeks.
He liad them in his possession some weeks
then, had he ?^It might be two week? ; but
I cannot recollect.
Did you get them back before, or after he
was apprehended? — ^Just after he was appre-
hended.
Did you ever apply for them back again
before he was apprehended? — I did not; I
had not been that way; and for that reason I
did not call to see whether he had made
choice of one, or not.
What diflerenco was there between the
clifFerent knives in this package?— I do not
know a material difference ; they run nearly
alike ; but sometimes there is one that has a
more partiailar handle.
Can you rerollect any other persons to
whom you sold any ?— Yes; I sold one to one
Mr. Billington, I think.
Did you sell any to Mr. Pearce ?— No.
Did you sell one to Mr. Groves ?— T did.
Did you sell any to any other members of
thr London Corrcspondinp Society ?— 1 do not
recollect at prcncnt that I did.
Who were the manufacturers that you had
them from ?— Scoficld and Companv, at Shef-
field.
Did yoii write for them, or were they sent
to you without writing fur ? — I used to deal
with one Cook, a wholesale Sheffield manu-
facturer, before I dealt with them; they
generally had riders in town, who used to co
about to shops, to show samples of particuhr
goods : this man called w'^wxcit', \ ^giN^\^Tcw
an order fw ^ivt «^oq^-, Vfi «^v >X«ww 'wt-
3 II
835] 35 GEORGE HI.
eordingly ^ Here arc the bills of parcels for
bem.
How did you know he had knives of this
construction? — He showed me a pattern; and
not only of that in particular, but of other
articles: I had seen the knives before, in
different shops about town.
Where? — ^In the Strand; they are to be
seen at different public shops about town.
Did you apply to the prisoner to sell him
one. or did he apply to you to buy one ?— He
applied to me to buy one.
tiow did he know you had them ?— I do
not know that.
Were you at Compton street after the meet-
ine at Chalk Farm r — I was.
\Vere vou at Chalk Farm meeting ? — I was,
part of the time.
Do you rember any of those knives being
shown there, as bread and cheese knives ? —
I remember eating my supper, at Compton-
street with one ; and I remember one or two
making remarks upon it.
What were the remarks? — ^That it was a
very useful knife.
Did you see any more there? — ^I saw ano-
ther^ which I looked upon to be a better
knife; that was in the hands of Mr. Pearce;
it was a better finished knife.
Did he tell you where he got it ? — No, not
tltat I recollect.
Did he say any thing that he could do with
it? — Not that I recollect.
Thomas Green cross-examined by Mr.
Erskhie.
If this is worth pursuing, I would ask you
whether you have one of these knives here ? —
Yes ; I have one in my pocket— Here it b
[producing iL]
Mr. ?>skiH€. — Is this all?--- Yes; I have
Trial of Thomas Hardy
[836
It is a vei^ useful knife; and I will buy
one of them the next time I see you — Do you
know Mr. Groves ? — I do.
Had you ever any conversation with Mr.
Groves, about your having sold knives of that
description ? — He came to me to purchase a
knife at my shop, among other tnings ; he
purchased several other articles at the same
time; he remarked the utility of the knife;
he said it was a very useful knife.
Did you tell Groves that you had sold two
or three hundred of them ? — No.
You swear that?— I did not mention any
particular number; I remember he made a
remark in this kind ot way, whether I luid
sold a number of these knives, whether it was
a saleable article or no?-— I said, yes. — No
man in business would tell a person that il
was not a saleable article; they would not
purchase it, if he did.
Did you tell him that you had sold two or
three hundred, but desue him to speak low,
because the parlour-door was open» and your
wife was a damn'd aristocrat-^id you say so?
— I will make oath that I did not make use of
such an expression as that.
Lord Chief Justice £vre.— -What was the
expression you did make use of? — I do not
know exactly what, but not such a one a»
that ; no man has ever heard me swear tn
oath in that kind of way these seven yean ;
I might make use of an expression in this
kind of way, when he asked me if it wast
saleable article, and if I sold a quantity of
them, I might say yes, it is a saleable article,
or to that purpose, but I did not say thai I
liad sold any particular number.
Mr. Erskine. — Did you say any thing to
him as if there was any thing improper ift
m 11 in^ the knives ^-— N o . v
Diu you dmite bitn to speak low lesi it
bould be heard by others, that ^
8S7]
for High Treason.
A. 1). \7\n.
Is:)S
ing you?— What he has sworn 1 do notkiww,
hut that I did not make use of such an ex-
pression, I swear positively.
J%omai Green re-examined by Mr. Attornr^'
Genera L
To be sure, it i^ not a polite thing to call
one's wife a damnM aristocrat, what did yuu
say about her?— I do not recollect that I said
a word of the kind, or throw out any such
hint.
' Did you say any thing about your wife ?— I
do not recollect, to the Ksst of my knowledge,
that I mentioned any thing about my wife.
Did you mention any thine alx>ut aristo-
crat ?— No, I do not know that I said any
thing about aristocrat, or my wife.
Mr. Erikine. — Did you wish to conceal sell-
ing these knives from your wife ? — No.
Edward Uodson sworn. — Examined by Mr.
Law,
Look at these papers — were the3rprintcd by
you? — I beg leave, with submlshion to tlic
Court, to km>w, whether I am bound to an-
swer that question ?
Lord Chief Justice Ej/re. — It depends upon
what the nature of the paper is ; you are not
bound to answer any question that may tend
to criminate yourself.
Mr. Late — Certainly it is a paper of a
seditious tendency— it " was opened by Mr.
Attomey.r;eneral, as a description of the
Ins and Out*', advising the people to pro-
vide thtmsclvc* witliarni**. Without sa>iiig
whether y(<u published it, did you rr:f.eivc
from any boJy, any application or any re-
rst lo priiil a jraper ot thobe contents ?~I
not a&k vou whether you did print it or
not.— I had.
From whoaa ? — A pcrhf.n of the name of
^ her* iW^s).'- li'.e?— T ficver wa* in his
ho»i*<— I ^cz ir.^.-.-i' i i.L i:w..J at W#:«.iniin-
ster.
Wh*n w*:f y:i appi;'- 1 ft' — I prcwrnc it
no^i be ^\p'^jX '. h Tn\:.v. '/ Marcii ik-».
Mr. Lc:-. — Hvjjv>r: r s* '^fr-i k!r«:--d v p rov-
ed !Ci be ii r.'.i,'.-'.: *ji I. e L^jrrtty.L*:.:!-! v>-
cie»T.
huri Cr '.• ;.:tl:e Lyt — Wr-ai w^k • J^
Mr. L-Jsr —A T^dL-y.^ :■*. tv: v < •' •.■ it •.■■cy-r
w " -^ t r - r — * "• - ,
■The I-t ••,'. us "»» tr» .'. li'.r'-"-- i"*.* v:.
; »• hiivjjc fcm. '/urse.-^ ••• ..
I how iBr BW 'Jl^TTl, "
^Mh^€a Cm. wj ^ :£A
I Sir jrfw r-li IAMBIC
Edward Ih\lniH, — t-roH!«f\:Mninril by Mi.
liihhs.
\VvTv you a membiT «l niluT nt ihi's** mi
cietiesP— A nuMnber of thv U>Uilon Cuiiih
ponding Society .
How lun;; have you hrrii a nu-uilui nl il ?
— I presume I wus a lufiulMT uhoul Ihn-i-
months^thrnl cra.Mnl to bt> u ninnlMr.
When did youcuaiir to hf iinirniliri ^ . Im
mediately upon the repoitthiit tin* MNiriy h.ul
improper objects in view.
At what tunc whh that?- About ihr innuHi
of April, on the lirnt appifhriiMon, 1 lii-hr\r,
of the prisoner juid Mr Adanin; 1 iiivn wi-ul
to the socic'iy at^crwariN.
Have you any rcuHon lo thnik, duinif^ Ihr
time you were a lueuiber nf'thti Hociely. ilnl
they had any other objccth but a parlianii'maiy
reform P— Never.
You never had ?— Never.
In what House of rarJianirnt P— In ihr
CommonsHousc of I'ariianiMit.
Had you any idea that it wiin any part ol
their plan to attack the kin;;' - Far from it.
in any respect to lessen hit authoiitv in tlit?
statcf^Far troni it; I never hi»td any llnn^
of the kind started direitly noi indinnily.
Had you any rcaMni to sii*>|H".t that th« y
meant todisplM/:c the l/trtU f'runi any aiilho-
rity they jmisvis in th<* ^ital'; ?- .None at all ;
I am sure I should not have fonluiunj willi
them a moment lon;;i r if 1 Jiad.
Did you r easi: Uj be a nieinUr of thf Vi'if-
ty from any thing that yriu ol>M-rv#:d yttttt^U, oi
was it Ironi Mr. Hitrny uw\ Mr. Adaiin b' !ii;;
taken up f — JntiM:ly Ironi Hardy and A'Uuti
licnig taken up, and tij'; ii:\»**ri\ in 'ir<ij!ati'in,
that, under tfie pr«:l«:noe of a reloim, they
were burp»iiin:^ /Ahtr obj«ci»!.
DiJ y*Ai atVbnd tiie -«i« i«;iy of t*rn * ■- So ; I
did not by siriy in*f<ri:, i*st luy b»j'«ii»--*. v!r'/ijl«i
not 'dAiuW of it, and a p«rt of t^i: luif*-, rrionth*
that I w-<i.t 31 it»Htu\s^.i I wa^ Juditp'/yjd ari'J
Howf:v»rr, i'iTit.-^ I lie who!*: • fri" y#/ 1 ^^.i
attend J», M i«i wa» iftJial V'^j ^'Mk'.vA lo t :
xu^ttT Of/., -j.\''^ K>. V. tl y
'Ihtv /.%%•: *i«^ii Vfl^'f :.'» «ji a 'v;,-.*-f.».o.'i
^<."j %0:i i'.v ^v«;*
.' v^..','>j or '*..< ;Vi
t^Ai fff-iij fj; o •".' '^y..*A\ I'.ar 'f.** •//•
v*Ti« kOfi wa* to t* r i: ; ]rj:, . w . i • ■ . *. *.:,*,- v'l
of J*^^.>:atj't, w«.v Kj J! nr* «»* ' - Ai •* '
Lri,^ 1 wa* itj •'.► yy. A*; ,. I «. wiy. ,• ';•:?»■.•/•.. j
■*!.»r:. v.* ^/ VI ,'•: U.f • / -* * Vy j*«- ".•.•. <- «
^.^•JhT* \\» Vs.f> •■.•: •>■ •> o' C *?•-" • • vy ' • •,
-■j '"je v^.*.'\* T»' • ■.•.«■• '■•.'. c ".•<• >•• I ^1
»»-re w, •-•* '-* !».': '.•.?:.••".•-• i»'iv »••• •.. '^r*
.'•,■::- ,• * .• .'yj*. I c*.*. '.-•••...■ ■«• >■.*••.•
nrtjt 'rvu-
8S9]
S5 GKOllGE III.
Triai of Thomoi Hardy
(MO
any of the racmbers, lendiDg Uiat way ?— Nti-
ver in my life.
Had yuu any idea from any thing you ever
heard, that tliere was an intention m this, or
any of t}icsc societies, to introduce the anar-
chy of France into England ? — ^No.
Yon had not ? — ^No ; I had not.
When was this hand-bill brought to you ? —
I believe in the month of March or April ; I
am not accurate as to the time ; it must be
about that time, for I did not become a mem-
ber of the society till the month of February,
I believe.
Edward llodum re-examined by Mr. Attorney-
GtneraL
You did not know what passed at tjie Globe
^tavern then? — No.
All you know is, what passed between tbo
month of February and the time of the appre-
hension of Hardy and Adams ? — ^That is All.
Thfen you chose to protect your own cha-
racter, hearing of tliose rciK)rts, by remaining
no longer in the society ? your knowledge is
only since tlie meeting at the Globe-tavern ?
—Yes.
You were at Chalk-farm ? — I was.
Did you ever read the resolutions that pas^
ed at Chalk- farm ? — I liavc read them in the
report.
You had read them before you saw them in
the report? — Yes.
Where? — I had seen them in the printed
account of the proceedings at Chalk-fafui.
Had you seen the printed account of the
proceedings on the 90th of January ? — I had
not; I do not recollect that 1 h;ivc read tlicm
to this hour.
Did you know that they had had any thing
to do with Mr. Painc's work;*, "The Hi^hU
of Man ?" — I never knew that but by hear-
say.
Were you applied to to print the proceed-
ings at Chalk-fann? I do not ask you wLc-
ther you printed thcni. — 1 was applied to.
By whom ? — By several of the niembei :>, not
by ail individual member ; I was at the divi-
sion, the committee division, as it was termed,
and it being determined to print them, I was
applied to.
Mr. Attorney- GeneraL — My lords, I am
now going to prove, that the circular letter of .
Mr. llardy, which your lordships heard read, |
relative to the calhng a convention, was sent
to Edinburgh and Strathavcn; that it was
answered from Strathavcn by a letter ; 1 shall
also prove the transactions which passed re-
spec tinj: it at Edinburgh, and having pioved
those circumstances, I shall then state the
grounds upon which 1 auprehend it will be
open to me to prove otlicr trau^ac lions in
Scotland.
George Aosf* sworn. — Examined by Mr.
Garrow.
* Sec his examinations, anti^ Vol. 93, pp.
Jiif9, 659, 931, and 1860 and p, 63, of iliw Vo-
Juwv,
Where b your place ofrBridancef— la Edin^
burgb.
Were you a member of any lociety in
£dinbui;gh at any time ?— I suppose you mean
the Friends of the People.
You were a member of the societv, calling
itself the Friends of the People ?— Yes.
When did you commence a member of Uu^
society? — I believe it was some time about
the end of the year ^703.
Were you at any time a member of anj .
meeting or society, w^b was called the Bri-
tish Convention?— Yes, I was.
When did you become a member of tha^
convention? — I do not recollect at what time
the convention was held.
Were you deputed to the convention as a
delegate from your society ? — ^Yes, I was.
Can you tell us at what time that delega*
tiun took place ? — I made a mistake at first;
it was at tlie end of the year 17^ that I was
made a member, and at the end of 1793 the
British Convention was held.
So that you were a delegate from youjf
society ? — Yes.
Do you know at what time you were ap-
pointed a delegate to the convention?—!
think it was at the end of November, or th^
beginning; of December 1793.
Did you attend any of the meetings of the
British* Convention at Edinburgh ? — Several
of them.
Were there delegates at the mectinc^ of
that convention from other societies in Scot-
land ? — There were.
From any other parts besides Scotland,
south? — Yes, there were some from England.
Were you at any time a member of the
Loudon Corresponding Society ? — No.
Do you ienieml)er, at any lime, receiving
any letter sinular to that which I now put
into your hand [showing a letter to the wit-
ness]?— I did receive some letter similar to
this.
Among those which you received, did jou
re<-pivc the identical letter that I have put into
y(*nr hand ? ilyou look, you will see your own
writing on it.— Yfvs, I tliink ihib is the letter
that 1 sent into the country.
What nuuibcr of letters did you receive
with that, which were of a similar tendency?
— I think about half a dozen.
Whom did you receive them from ?— From
one Mr. Stock, in Edinburgh.
Was he a member of any of the societies in
EdinburE;h ? — Yes.
Of winch?— One that met in SimmondV
square, Nicholson street, on the south-side of
Edinburgh.
Wliat particular name had itP — I do not
know what it was called ; it was a socitty
exactly of the same nature with that of whicfi
I was a member.
Was there in that society to which you and
Stock belong, any committee which was
known h^ any narticular name ? — ^There was
no committee belonged to that individual
bociev^ that I ^rticularly belonged to.
841]
for High Treason.
A. D. 1794.
[818
Having received five or bix of Uiete letters
from Stock, what did you do with them P— J
fleni several of them into the country.
Look at the superscription to that in your
hand, and tell me where that was sent to P —
It was sent to a person of the name of Miller,
at Perth.
Name some other places to which you sent
this letter ?^I sent one to Stiathaven.
Any other ?— I think I sent one to Paisley^
and to some other towns in the country.
Did you send any to Dundee f — 1 am not
very certain whether I did or not.
You told me you attended several meetings
of the British Convention, as it was called ; be
so good as tell us any of the proceedings of
the British Convention, at wnirh you were
present; had you any particular cause of
Knowledge? did you write any of the minutes
of the meeting P — I took some ot the minutes
of the meeting of the convention.
Did you act as secretary of the convention,
npon those occasions ?— Now and tlieu; some-
times I did.
Without troubling you with the whole of
the proceedings which we lu&ve had already ;
do you remember any particular resolulion,
which was passed with any extraordinary so-
lemnity, at the (onvcnlion ? — I do not recol-
lect particularly; I would Know them to be
parts of the minutes of the convention that I
wrote myselt, ill saw them.
if in the niinules of the convention, you
■hoidd see it in yuur own hand -writing, you
would know it again ; but what I am speaking
of, is nut there; was there any resolution
pused with extraordinary solemnity, such as
rising up and taking one another by the hand,
or any thing of that kind ?— I recollect some-
tiiinff of that kind having liappened, but I do
not know what it was.
Lord Chief Justice /'vr«.— Were you there
when it happened ?— 1 am not very certain
whetiier I was or not, but I recollect being
questioned upon that verv circumstance upon
tnc trials at Kdinbiirgh. but I cannot be posi-
tive at present upon the circumstances what
it was.
Were you present at any time when any
resolution was passed with extraordinary so-
lemnity, surh :is extciidmg the hand (the
mode of swearing 1 believe in Scotland), or by
taking one another by tlie liand. Do you ;
recollect such a cir( umstauce, with respect to |
any resolution ? — 1 do not recollect it.
Do you recollect the dispersion of the !
British Convention, by tlie magistracy of the
country ?---! was not present at the hrst dis-
persion ; I was ill custody then.
Do you remember the tact of the dispersion
of tlie convention ?— Yes.
After that do you know of forming any
committees of ways and nii-ans, or any thing |
of that sort?— Afler the dispersion of the con- '
vcntion, I did not act in the societies myself,
but I understood—-^—
I do not ask you what you understood. —
Then I do not know.
Do you know of the Ibrmation of any com-
mittee of union, wliich met in ]^'our own
house P— I cannot swear positively ; it became
the common talk, but I was not present at
one, and was not privy to their proceedings.
Though you were not yourself present at
any of their meetings, did you from any of tlic
persons who were members of the Briti&h
Convention betbrc its dispersion, learn that
there had been a committee of union formed ;
did you learn that after the dispersion of the
convention from any of the members of the
convention ? — I understood there was a com-
mittee.
Did you understand that from any of the
members of the convention which had been
disnerscd P— I cannot be certain to that, but I
understood there was a committee.
Mr. Garron;.— My lords, we will now read
tins letter which this witness says he received
from Stock ; we have produced a large bundle
of these circular letters to country correspon-
dents, which were found in the possession of
the prisoner.
This letter was transmitted by the witness
to Miller, at Perth, and he says he sent other
copies to different places in the country, par-
ticularly to Strathaven ; your lordships reatU
lectthat an answer to that sent to Strathaven,
has been read.
[The printed circular letter read.]
'* Citiaens ;— The critical moment is arrived,
and Britons must either assert with seal and
firmness their claims to liberty, or yield with^
out resistance to the chains that ministerial
usurpation is forging for them. Will vou co*
operate with us, in the only peaceable mea-
sure that now presents itself with any prospect
of success? We need not intimate to you,
that notwithstanding the unparalleled auda-
city of a corrupt and overbearing faction,
which at present tramples on the rights and
liberties of the people, our meetings cannot in
England be internipted, without the previous
adoption of a convention bill — a mca!>ure it is
our duty to anticipate, that the ties of union
may be more firmly drawn, and the senti-
ments and views uf the different societies
throughout tlic nation be compared, while it
is yet in our power, so as to guide and direct
the future opcrationn of the friends of freedom.
House then, to one exertion more ! and let us
show our consciousness of this important truth,
' If we are to be l>eaten down with threats,
prosecutions, and illegal sentences, we are
unworthy — we arc incapable of liberty.* — We
must, however, be expeditious. Hessians and
Austrian s are already among us ; and if we
tamely submit, a cloud of these armed barba-
rians may shortly be poured in upon us. Let
us form then another liritish Convention ; wc
have a central situation in our view, which,
we believe, would be most convenient ior the
whole island ; but which we forbear to men-
tion (entreating your coiifidence \\\ VVivs ^x>Cv-
culiu) Uii VIC Wv« titfi ^ii^&'KU Q^ >2oyb «m^>:\»5.i^
84S]
35 GEORGE III.
TrM ofThoma* Hanfy
\m
with which we are in correspondence. Let
us have your answer then by the 90th, at
farthest, earlier if possible, whether you ap-
prove of the measure ; and how many dele-
gates vou can send, with the number also, if
possible, of your societies. We remain yotn's,
m dvic affection, the London Corresponding
Society, T. Hardy, secretary.
" For the management of this business we
have appointed a secret committee. You will
judge, now far it b necessary for you tu do the
same."
Addressed on the back
« Mr. Walter Miller, merchant, Perth."
** Show this to your neighbours."
" Answer, post paid, to the care of George
Ross, Liberty Court, Edinburgh."
^ The sazelteer is tocomc out immediately."
** Nothing but ready money subscriptions
received,"
George Ron cross-examined by Mr. Erskine.
What was the object of your society, the
Friends of the People ? — ^I'o procure a reform
in parliament; a reform in the House of
Commons.
Did your objects extend ^ther than to a
reform in the House of Commons ? — H was
only the House of Commons that I associated
to reform.
Had your society any design, from what you
collected fix>m the members of it, and from
what was said and done in your presence, to
attack tlie king's person, or his prerogative, or
state ? — I never thought so.
Was it your object m that association to do
so?— My object was to procure a reform in
the House of Commons.
You I think were made a delegate from
your society to the British Convention ? — ^Yes.
When you met together, the delegates from
the different societies in your convention, did
you consider yourselves as the parliament of
Great-Britain ? — No not at all. We meant to
consider the proper means of petitioning par-
liament.
Was any thing done, or said, by the dele-
gates, sitting in the convention, as if they had
assumed to themselves the authority and
functions of magistracy .^— I could co&ccive
no such thing.
Did they exercise any functions of legislative,
or executive power ? — No such thing.
Was there any thing said by any members
against the king ? — ^Not that 1 know of; not
that I heard.
Did you make any laws to bind the people?
— ^We should have been very foohsh if we had
propo!>ed such a thing.
What appeared to you to be the object?—
To procure a reform m the Commons House
of Parliament.
How were you to do it ?— By a petition.
Was that said among the members of the
convention f— Yes ; lod several petitions were
sent previous to the meeting of the British
Convention.
What number did the British CoDTention
consist of? — ^About two hundred.
Had you provided yourselves with armstft
attack the magistracy and government of the
country ? — We had not.
Were the delegates prepared to resist the
magistracy by force ?•— Not at all ; when the
magistrates came to disperse the British Con-
vention the second day, they did not resist
them when the sheriff showed his authority ;
he took the chairman by his hand and toolf
him out of the chair ; he said he was doing
nothing illegal, and would not leave the
chair tul the sheriff took him forcibly out.
If you had consklcred that vou were doing
that which was illegal and dishonourable for
a subject to do, should you have done it ?^
No ; we should have remtined from it
Should you have done it if you had thought
it likely to be dangerous to the king's gc^
vemment or person ?»No ; I never meant
any such thins, I had no such intention.
Do you think there were any other persons
in your society who meant any such thing ?-- ^
I never did ; for it was always understood,,
that our society was to obtain a reform in
parliament.
What sort of persons did the convention
consist of ?— There were people of all ranks
belonging to the societies, most of the poor
class of people.
Were there any reputable tradesmen be^
longing to it ? — Yes ; there were some very
reputable gentlemen among them.
People of good character, sober lives, and
morals ? — Most of them were men of sober
lives and morals.
Was there any proposition made in the
convention, in your presence, during the time
you attended it, that led to assuming any
authority of your own ? — No ; we never
thought of any such thing.
George Ross rc>cxamined by Mr. Garrow.
It would not have occurred to me to ask
you, whether you were a traitor, or your as-
sociates declared themselves to be so.— >%w
I will put some questions to you, upon
what you have been asked. You have told
that gentleman that you had no idea of as-
suming the powers of legislation by force ?—
No ideas of that at all.
You meant merely to procure,,, or obtain^ if
you could, a reform in the representation of
the people ? — You are very right.
And that by peaceable means ? — ^Ycs.
And that you would have shuddered at an
idea of force, or resistance to the civil power
of the country ; do I take you right? — Yes;
very right.
You had no idea of going farther than a
fair, peaceable, and orderly application for a
redress of that which you conceived to be
wrong?— I will answer for myself; I had
not.
815]
Jbr High Treason.
A. D. 179*.
[846
Were yon present when that- convention
€amc to this resolution ? and then the pro-
per constitutional judges will say, whether
you meant it or not :
''That this convention, considering ^e
calamitous consequences of any aot of the le-
gislature which may tend to deprive the whole,
or jany part of the people, of their undoubted
right to meet, either by themselves, or by de-
legation, to discuss any matter relative to
their common interest, whether of a public
or private nature, and holding the same to be
totally inconsistent with the first principles
and safety of society, and also subversive of
our known and acknowledged constitutional
liberties, do hereby declare, before God and
the world, that we shall follow the wholesome
example of former tiroes, b^ paying no regard
to any act which shall militate against the
constitution of our country, and snail con-
tinue to assemble and consider of the best
means by which we can accomplish a real re-
fMresentation of the people, ana annual elec-
tion, until compell^ to desist by superior
force.'* — ^Did you know that the convention,
of which you were a member, who sought all
those things by peaceful and orderly means,
bad come to that resolution ? — I am not cer-
tain whether ever that resolution was passed
in the convention.
Upon your oath, were not you present
when it was proposed ?— I do not recollect
that it was proposed.
Will you swear you were not present ? — I
cannot be certain, because the convention
net for several weeks, I believe ; and I cannot
be certain whether I was present, if that was
passed at it, or no.
Can vou say you were not presentwhen such
a resolution was passed?--! cannot answer
positively to the question, on account of the
convention meeting for two or three weeks,
and I could not get to attend it every day for
all the time that the committee met, but I
commonly attended two or three hours of
ever^ day. I cannot recollect all the difl'erent
motions that were moved and passed in the
convention, whether I was present at them or
not.
I will remind you of some others that will
strike your memory better perhaps-—'* And
we do resolve, That the first notice given for
the introduction of a convention bill, or any
bill of a similar tendency to that passed in
Ireland, in the last session of their parliament,
or any bill for the suspension of the Habeas
Corpus act, or the * Act for preventing
' wrongous imprisonment, and agamst undue
' delays in trials in North Britain ;' or in case
of an invasion, or the admission of any foreign
troops whatsoever into Great-Britain or Ire-
lana ; all, or any of these calamitous circum-
stances, shall be a signal to the several dele^
gates to repair to such place as the secret cdm-
aittee of this convention shall appoint; and
the first seven members shall nave power
to declare the sittings permanent, and twenty*
one shall constitute a convention, and pro-
ceed to. business.'' — ^Upon your oath, wei«
not you present when that resolution was
come to ? — ^I think I was.
Mr. Gamw.-~Attend to this— << The con-
vention doth hereby resolve, that each dele-
gate, immediately on his return home, do
convene his constituents, and explain to them
the i\ecessity of electing a delegate, or dele-
sates, and of establishing a fund, without
delay, against any of these emergencies, for
his or their expense; and that ttiey do in-
struct the said delegate or delegates, to hold
themselves ready to depart at one hour's
warning." Now I fancy I have brought you
to recollect this? — ^I du recollect that from
your reading it.
Now attend— No persons were members of
this society but persons of moral life and con-
versation; respectable, orderly, and decent
citizens, I think you told that gentleman?-—
That was not my answer to the question ; he
asked me if there were not reputable tmdes-
men belonging to that society? — I said, yes.
So you understood that question to be,
whether there were not some reputable trades-
men belonging to that society f — Yes.
Was Watt* a member of that society f—
No.
Was Downiet? — He was.
As you have told that gentleman, upon
your cross-examination, ImX you took th«
mtention to be to proceed by peace and
order
Mr. Gibffs. — ^I submit to your lordship that
that is improper. That sort of interlaraing a
a question is not permitted to ta even in cross-
examination.
Lord Chief Justice Eyre. — I perfectly agree
with you. It is an habitual irregularity; I
state that as a common excuse for it all, as a
thing to be corrected as much as we can. I
did not expect we should get ri^ht in a mo-
ment ; let us keep as much within bounds a^
we can ; it disturbs the argument of the exa-
mination entirely, when it is so filled with
these observations.
Mr. Garroa. — I am much obliged to your
lordship for the kindness with which the ad-
monition comes, and for my part, I will en-
dcavour to submit myself immediatelv to it.— -
Were you there when it was resolved, " That
the moment of any illegal dispersion of the
present convention, shall be considered as a
summons to the dele^tes to repair to the
place of meeting appointed for tne conveiv-
tion of emergency, oy the secret committee :
and Uiat the secret committee be instructed
to proceed, without delay, to ii\ the place of
meeting?'* — I think I was present at that
incetine.
Mr Enkine. — It is stated that the moment
* See his trial for High Treason, <ia/^. Vol.
lor.
\
83, p. 11G7.
tSee
Volume
847]
35 GEORGE III.
Trial of Thomas Hardy
[848
any of those things were commimicatedf tliey
irere to be a signal for your holding a con-
vention at such a place F-^Yes.
Bui what were you to do when you got to-
gether in this convention ? — To petition par-
Uanient to get those grievances redressed.
Mr. Garrow. — That gentleman has asked
you, what you were to do when you should
be got together upon the summons of the
delegates. Do you mean to state, upon
your oath, that you had the least apprehen-
sion that that meeting, in a Convention of
Emergency, summoned by a secret com-
mittee of emergency, was for the purpose of
again petitioning parliament ? — 1 would never
have agreed to the motion upon any other
terms.
Do you mean to state, upon your oath, that
vou understood that the resolution which I
have read to you, and which I will read again
•^" That we shall follow the wholesome ex-
ample of former times, by paying no regard to
any act which shall militate against the con-
stitution of our country, and shall continue
to assemble and consider of the best me:ins
by which we can accomplish a real represen-
tation of the neople, and annual election,
until compellcu to desist by superior force.'* —
Do you mean to swear that you understood
that to be to meet in such convention for the
purpose of again petitioning parliament? — I
naid no other idea. '
Do you mean to state, that you understood
that to be the meaning of such a meeting in a
Convention of Emergency? — I understood it
to be that some people should be authorized
to call a meeting whenever any of those cir-
cumstances should take place, and the in-
tention of the meeting would be that of peti-
tioning parliament
That the delegates were to hold them<;clves
in readiness to depart at an hour's warning,
for the purpose of again petitioning that par-
liament, which they had already petitioned
without success ?
Mr. Gibl/s, — The convention never had pe-
titioned parliament.
Mr. Attorney General.-^It has been dis-
tinctly proved in evidence, that these Scotch
societies had stated that more eflectual means
should be used.
Mr. G*66j.— Mr. Garrow states that the ob-
ject was to petition again that parliament which
the convention had before petitioned without
eftcct — Now I am not aware that the conven-
tion had petitioned parliament.
Ixtrd Chief Justice E^c — U is not a sub-
ject to be debated, but it is perfectly clear that
just in the manner in which the question was
put, the fact was not stated.
Mr. Garrow, — Do you mean to represent
to the Court and the Jury, that you under-
stood that the delegates were to hold them-
selves in readiness to assemble upon an hour's
notice, in order to petition parliament upon
he dispersion of the convention ?— 1 unaer-
'KmI that the delegates, whenever they got
information that a convention was necessary
to be held, that they should immediately re-
pair to a place appointed.
Do you mean again to state that you un-
derstood the purpose of that second con-
vention, afUr the dispersion of the first, was
to petition parliament P — That is what I
mean.
Let me see whether I understand you dis-
tinctly, for God forbid I should misunderstand
you, or endeavour to misrepresent you — Yotk
understood that theconvention of emergency,
which was to be collected by the committee
of emergency upon an hour's notice, was In
petition parliament ? — I never would have
agreed to the meeting of any convention, if
thev meant to oppose parliament; and I
understood that if there was a convention
called again, that they certainly wonld peti-
tion parliament for redressing the supposed
grievances which existed.
For what purpose, after the dispersion of
the existing convention, was a new conven-
tion of emergency to be called by a committee
of emergency, to petition parliament, asyo»i
understood it ? — I understood they would |ie-
tition parliament, that although their petitKHi
was rejected, they wotild still rontimir, they
would not throw aside the notion of a parlia-
mentary reform merely from the rejection ot"
a petition or two.
So that though the first petition should be
rejected, and the convention dispersed by
force, yet you understood there was to be a
committee of cmergonry to call a iicw con-
vention of emergency, and so j^ on again
petitioning, though they should have tjficir
petitions again rejected r — 1 understood tiiat
the Friends of the People meant to petition
parliament till they should gain their end.
Then why did " not the sw/iety of the
Friends of the People go on petitioning par-
liament, without sending dclegatr^ to a Bi iti!>h
Convention for the purpose of effecting thc^e
reforms ? — One of the reasons for that %vas, it
was noticed that a petition for ]>arliamentary re-
form did not specify any particular reform, and
that was one of the reasons for a convention as
I understood it, to specify the particular re-
form in their petitions that they wanted, and
likewise
And likewise what? — I do not recollect
what I was going to say.
Arthur AtEwan* sworn.— Examined by Mr.
Garrow,
Where is your place of residence ? — At the
Water of l^Itli.
Were you a delegate at the British Conven-
tion, which assembled at Edinburgh ? — Yes.
Did you attend the meetings of tluit con-
vention ?— Sometimes.
* See his oxainination on the trial of Robert
Watt, afdi. Vol. 93, p. 1967, and his exami-
nation on the trial of David Downie, p. 61 of
this Volume.
Jiir High Treaton*
Wef^ there any committees for the purjwsc
of maoaging the business of Ibb convetilioii ?
1 b«Hcve llicpc were.
Arc jou now sworn according to the man-
ner in which you usually take an oath? — No.
[The witness was sworn holding up his right
hand, while the oath \v^i repeated, instead
oi'the usual form.]
You were a delegate of the BritisI) ConTcn-
tion assembled at Kdiiihurgh? — Yes.
Were there any comruiktces of the conven*
CBon for the purpose of managing lU busl^
pt«9 ? — I believe Uiere were,
. Did they from time to time report to the
convention ttiielf?— A» to that I do not re-
neinher.
i Dq you remember the circumstance of the
invention being dispersed by the magis^
Irmtes ? — Yes.
AlUr the conventioii was disperf^d^ do you
remember any committee being formed out of
t^ societies ?— Yes.
What wtts the name of it ? — There wai a
Jaree commillce as^mbled, as I saw by hand-
biir«, that went under the name of tiie Com-
mitt^-e of Union.
Of what persons was thai Committee of
Union eompoacd? — 1 Cdunol inform you as to
the namefi.
Was it eom posed of members of the con-
vention which hdd been dispersed ?»— Some of
them were, I believe some were DOl> at leubt
Kr auglit I kuow.
Were those who, as (at as yon know, were
i irtfM,>».* rsi of the former convention, mcm-
i ociety of the Friend?* ot the People
X ; -3^1 ? — 1 cannot say that, because I
wai not formerly uccmainled with them.
Was there any other commiLtec, otlted a
Comoiiltee of V\;iys and Means?— There was
another eonnuiltce clio^en out of the large
ene, which went tmdcr the name of a 8ub-
cemmittee, and a(\er that it was ttyled in a
phat«;d paper a Com t nit tee of Wav» and
Mewis ; but who made it out in that form I
Inowoot*
Of that commitlee which was called tlie
Conmitlee of ^\'ays and Means^ who were the
ncnbm?— Mr, .Siotk, Mr. Bowrke, Mr.
AHeheeon, Mr. Bonthron, Mr. Downie, Mr.
Watt, dknd myself*
Du vuii remember Walt, as a member of
ttec of Ways and Means, reading
r the purpose of cfliecting some
mi nirghf — Yes, 1 do.
\ i a member of the Briliah
Cn, -=Yes.
\ the plan which wa^ read in the
' 1 I (id Mean«* by Mr, Watl^
tid who WAS H member
r — ihc purport of what he
fTA I cr, od I tmnK, ran thus^tliat
ll%i«,
AUem) to mc a single mvmcnt— do you
kmw for *4h;»t purpofc, in particular, you
were aL .i the tune Umt thi^ plan wxs
VOL
D. 179**
[850
lead— was it for answering any letter ?— Do
you know for what purpose this vt ^ , , r /n^
tec was chosen ? — Tne reason oft' is
sub-committee, as far as I can uucici^L.nni U,
wa^, to look into the circumstances of Mr*
Skiivintj; for this reason^ that a fortnight
before lucre was a letter read that came from
liim by a man on that large committee, inti-
mating Uiat there was due to him, from the
Friends of the People, twenty pounds, and he
wished they would make gooa that payment
to support his wife atid family when he tiad
left 11 le land ; that was what J conceived the
committee was appointed for.
In that Commjltce of Ways and Means,
was there any letter which had come to the
society, or aj»y of its members, which pur-
ported to be a circular letter which you were
then met to answer ? Look at this letter, was
this letter produced in the Committee of
Ways and Means ?— If it was, it was not in
my presence, 1 never saw it.
Ac a Committee of Ways and Means, Watt
read a plan ? — Yes.
State what that plan was which Watt read
in the Committee of Ways and Means ? — As
far as I can recollect, the plan nin in this way —
it was mentioned there to seize the lord justice
clerk of Scotland, and the rest of the lords of
council and session, and the lord provost of
Edinburgh; and it aho mentioned to kindle
a 6re at the Excise-office in the New Town,
uud there were to be parties, according to the
way tliat he read that ]>aj)cr; there were to
be parties stationed at the Luckenbooths,
Mr, Jilrskine, — ^Mr* Attorney General, t
with to know in what way you make this
evidence ?
Mr. Aitorneif General,— It is due from me
to state to your lordsliips how I shape the
case* We have now, as your lordships recolr
lecl, proved by a letter on the 17 th of May,
179S, from Mr. Ilardj, by a Mr. Urnuhart,
who was then goiug to Edinburgh, inal he
sent this proposition to the Convention at
Edinburgh, to as3t>ciftle not only that society
with the London Corresponding Society, but
both with every other society throughout the
nation— that In answer to that, Mr, Skirv'mg^
who appears to be the secretary, in a letter
which was found in the possession of the piK
soner stales — ** If either you iu England, or
we in Scotland, should attempt st^paralcly the. ,^
reform which we seek to obtain, we shouk'
by so doing, only expose our weak nets,
man if it St our ignorance of the fonuplioq
which opposes our important undertukmg.—i ^
If we sought only the extirpation of one set of
interested men from the Inana^ement of
3. .:' , ,"■ :" V ■ ' ' i ^" * - ' «'n to
> xid-
in griicnil, that they must have the wholo^l
mid not d p •-♦ "* '' ' -" *" ,L ,...- that there
might be !>le Ihcni-
selvcfi; Ul :,;*(addre»
sin;; himself to thepriM»ncr) ** w asHiciatc^ at"
^51^
35 G£ORG£ III.
Trial of Th»nm Ihirdif
[899
least to 1)C rca«ly to associate. — If then siich a
broken stitc of* things shoiilil take place, the
civil broils that would necessarily ensue,
troiild soon subside before the united, irre-
nistiblo voice of the whole. — Do not, I entreat
you, hcsistate, thinking such a work prema-
ture as yet, but a month, and then it may bo
too late. — A malignant party may be already
formed, and only waiting for the halting of
the present managers ; it will then be too late
to seek to subject to deliberation, alYer a party
has dared the act of rebellion. If you go no
farther than separate meetings in diitcrcnt
towns, we will not be able to confide in your
confraternity, because, while in such a state,
you may be but the tools of a faction— We
could have all confidence, and unite with all
affection in one assembly of commissioners
froig all countries of the world, if we knew
they were chosen by the unbiassed voice of
the people, because they would come up with
the same disinterested views and desires as
utirsclves, having all agreed to a common
centre of union and interest ; but we could not
c<>nfide in fellow-citizens who kept aloof from
such imion, and would not previously afHliate
in one great and indivisible family."
Upon the 23d of November, 1793, a letter
4 was written to Norwich, by tlie prisoner, in
which he informs the society at Norwich,
" of the convention called and now sitting in
Edinburgh, for the purpose of obtaining a
•peedy and radical reform in the system of
parliamentary representiUon, and you arc
also in possession of the circumstances of our
bavinc sent two delegates, Margarot and
CcrraTd, to represent our increasing society in
that respectable assembly. The Society for
Constitutional Information has also elected
two representatives, Yorke and Sinclair, the
latter only of whom has gone to Scotland for
thv discharge of his important mission."
Tlicn he slates to the Norwich Society, that
the obj(|ct of the present letter was to mform
tliem of the important communications which
their mission had produced; that it had dif-
fused spirit and resolution through the dif-
ferent societies in Scotland ; that there must
l>e a complete union for the recovery of their
rights, and the complete renovation of the
liberties and happiness which they are entitled
to as men, and expect as Britons; — that an
increase of affection, zeal, and confidence — a
concert of permanent union — a free communi-
cation and comparison of sentiments and
iiitentions, mature deliberation and mutual
reliance, arc the fruits of the measures adopted
by the friends of liberty in Scotland, and
seconded by those in London and Ireland.
Then he presses the Society at Norwich to
rouse to immediate co-operation with those
efforts in Scotland, for the general good — he
is desirous to awaken them to a sense of the
importance of the object they were to pursue,
and to persuade all the societies in England
to have an immediate junction with this i'ede-
/atioQ.— And then he desires tbem to send a
delegate of their own, in ord A tliat thev may.
by a general union, so step forward and avow.
their sentiments, as to ensure a speedy teraai-
nation of the war, and a restoration of every
richt to which Britons and freemen are.en-;
titled.
Your lordships will give me leave to put»
you in mind also, that this society wrote to
Sheffield, to lx:eds, and I think to one or two
other places, to send delegates to the convefi-
tjon in Scotland ; they did send delegates tof
the convention in Scotland; and Skirving,
whose name has before occurred, appears lor
have written circular letters upon the arrival-
of the delegates of the two EngUsh aocietics,
desiring all the societies to come together.
Your lordships likewise recollect thai "w^
have given in evidence, letters that were
written by Hardy, and also by Margarot axKl
Gerrald, who were delegates in Scotland ; and
likewise letters written from those delegates
to Ilardy, whilst the convention was sitting. >
Hardy, in a letter of the 8th of November,^
1793, says—" That part of your letter which
mention'eil your visiting different towns io
Scotland, for the purpose of promotii^ the
cause ; — they were pleased with the idea, but?
they thought that it could not be put in prac-
tice, on account of the necessary supplies^
which come in but slowly." — Your lordships
will also find that there was tliat solemn re*
solution made, which has before been men*
tioned ; and from the proceedings of the so-
ciety, it is clear that they had even laid the.
plans of future conventions.
Your lordships will also be pleased to recol-
lect that, on the 8th of December, 1793, Mar-
garot, who was then in Scotland, writes to the
secretary of the London Corresponding So-
ci<»ty, a' letter. — ^There is also a letter of ibe
'i2d of December, 1793, in which Margarot
writes Uiem, to come to very strong resolu-
tions.— ^There is another letter of the 24th of
December, 1793, of Skirving to Hardy, in
which he says — " The time is now arrived,,
that we must show ourselves worthy of liberty,
or deservedly lose it; — the opposition of our
adversaries, is demonstration of tiie propriety
and efficacy of the means which we have em-
ployed to obtain it."
Then upon the 'iOth of January, 1794, your
lordship will also recollect, that at the (ilobo-.
tavern ihcy came to precisely the same reso-
lution, as that which was come to in the
convention in Scotland, betbrc that conveo-
tion was dispersed. — That upon any uiotioD .
in the House of Commons, to prevent the
Fcople meet'm^ in societies for Constitutional *
nformation, the convention should be called
immediately; — and your lordships will aliP
recollect, that tliat motion was communicated-
from Scotland (after the magistrates luid in* -
torfered) by a letter which has been ready-
written, I think, by Margarot or bkirviugy-^.
in which X\iey state that that resolution was
(x>me to, leaving out, *' in case of iuvasion.**—
And they state that IctUrs will not vM$
\
859]
for Higk TretuoH.
A.D. nw.
[6
eoimntiiiicdte all they have to say upon the
After the disperaioo of the tonvention,
ItheFfii icr
i societies iij 11 : luiutni
cmnaiUteesof Waysjii ' 1 'nion :
— J Kt.v.^ M»erefurc, 1 ^u....... ..v.^.iyJaid a
fcr o show ihat up to this period, all
tti lies were afliliated, thai is tlic
1:' ' Scotch Sockties ; and that it is
ti rlear, whatever convcation was lo
be called, was to be a convention hoth orOie
peoitte of England and Scotland,
This bein^ so we have also laid before your
lordships evidence, of virhich 1 will say tliia
mily, th»t it is evidence to ^o to the jury, that
tlie ni^iliatcd societies in London, many of the
fiK * ! them were providing themselves*
w '- and pikes; that the Shefiicld
iri^, vyUich corresponded as well with
idand as with London^ was also providing
^V--....ih. n f .v.,.1 ..ivcthal I am atuhertv to
p! c,thc nrovidingof prkes,
lua . ^: LG of pbuis of resistance
to the govcniment in Scotland at the same
time, precisely upon the san»c principle as if we
were now trying what would he a much more
itianifeM overt act, 1 roestn an open rebellion
m the country ,-— I conceive, upon the prin-
ciple laid down in li>rd lx>val's, and other
that there could not be a particle of
bt^ that if 1 )md clmrgcd an open act of
lUfUion iu England, that 1 should have been
entitled to shuw that in fact there was in
^r ^' - ' n other armed force resistmg the
h ^ there; even tlu>ugh I did not
f>\ ymmunicalion by letter between
t to make U probable that they
V (iiiio u ill, o ,r h other.
,3, that this is evi-
ii V, leaving them to
j' a it has.
i'Cen detained here
f- , and we who are of counsel
<o. , having only been di«imisscd
ffuTM liiL < unit to have that rest which na-
tijTo r«H]iurfs, without any opportiuuiy ot
which consti-
in the catlM^.
1 ;im not so weJI
, nor i:* rt |«jftsible
i^n^uw the attorney-ge-
ijn vvhich he seems to
, r>-nl (l.rtunrrvrs whicll
1 him, I
I or ou^hl
r witJi the proceedings
)ie is sought to he in-
Mce, the letter which the
1 f^ad from Skirving-
rat, -^In Older Uial I
r-ntirely to the Court, I
> Miind that we have
letter which was
' actually
' i re ular
letter, which is written after rcsohitions which
state that they are to have a convention y(
the iKoplc.
Mr. Erj^inc.—I suppose the attorney*
jjoneral con side rs it only as cvidiince ol ihq
fir*4t branch.
J\Tr, Attorney GentraL — Y'cs.
Mr. AVafcincr.— Then we will admit it.
Mr. Garrow to liPEwan, — I believe w6
Icll off at that part of Watt's jilan, that had
stated a desicn of kindling a tire at tlie Hxi
cise-ofiice in tne new town'— Yes; that a i^rn
was to be kindled at the Excise-office, and
parly of men to be stationed at the LMcken^
booths, a parly at the head of the VVestbooth^
and the lire was to draw the military from the
gurrison.
From the Castle at Eclinburgh? — Yea.
When they came down past the booth^ th<
men that were stilioued upon the head of thi
booth, according as his plan ran, they were I
come in behind them, and the men, Mat tone
at the Luckcubooths, were to take them in th|
front, and so inclose them between two par^
lies; as far as I could understand the pape
read to us, there were different parties, as wa
mentioned, who were to seize the ditfcrea
banking-houses in Edinburgh, and cotnmia
sioncrs were to be appointed for to go
demand the cash from ihie banks : that is, i
far as I recoUect, the purport of that pape
which he read at that time.
Of whom were those several parties, whidf
were to be thus stationed, to be compObcd i*-
I do not know; 1 know not a single ind
virtual.
What sort of persons, or belouging to wh^i
sort of societies or coram ittecs were ihey tg
he? — What I thought upon by his plan wa%
that he meant it to he <lonc by the Trienda
of the People : hut at the same lime I did not
know a fiingl*' mdividual that wat^ to engage
in such an affair.
Lord Chief Justice Eifre^ — Did he say whd
the people were that were to execute imsf —
He aid not,
Mr, Gar row. ^Thh plan of Watt's, I unde
stand you, was read at a meeting of the coq
mittee ? — Yes; but I look upon it to be total _
drawn up by himself; I never saw it till thai
night when he produced it.
How many membcri of the grand com-
mittee might be present when \\ atl read iiii^
first plan P — There were five, I think; u Mr.
Stock, myself, Watt, Downie, and lionthron.
Of how many viras the ctimmitlcc of Ways
and Means coinposcd ? — Of seven allogethc/.
Ho that there were five ou| of those i^eveA
present? — Yes,
When Wfttt read this paper, what pufised
upon il in the committee ?— No further pasietl
upon it than that I objected to it» as ^oon as
I understood he had done reading ; [ said I
would by no means agree to any thing that
was la disturb the peace, <v\ vW\ \«:\^^^ \k*
ahed the b\^>ud ol \w$ ^\i^xv^x^\SlXXi\ '^t ."^was
thtuft a^fced alon]^ n?\V\v to^ \ N^i^ «b^i Vl^
855] 35 GEORGE UL
aeaxis ; and, fiading we made opposition to
[tb'dt paper, there was no farther coiumeDt
^niaile upon it
Do \ou rcmrmber, at any other tune,
[ Jlr, Wutl producing cither the same plan
hhh m\y colaigcnieal, or any new plan or
theirtc, for any thing lo be put in execution
^Bt Kri in burgh? — I jeniember ius reading a
apcr
^fV h(^n ?— ^ne of the last times that I was at
that cofnmittee ; the last, or last but one ; I
not po!»ilivc which.
Him many pen»ons were present? — I can-
ol tccollect ; but it was on a night when the
f commjliee used to meet.
The great or subcommittee f — ^The sub*
l^cmimitLce,
What was the plan proposed by Watt at
|hat ^ub-cammitlee nieeting?— It was rather
i copy of a proclamation^ as I collected it,
prohibiting all farmers, dealers in corn, meal,
9f hay, to remove the same from tlieir respec-
%c places of abode, under pain of death.
Lord Chief Justice £yrc.— Were you pre-
en t at that meeting too ?— Yes,
I^rd Chief .Tustice Eyre, — How soon was
that after tlie iirsl? — I could not recollect ; I
bink 1 was ouly five nights at that committee
1 together.
Lord Chief Justice Ei/rt, — Was it the next
light after, or later? — I rather think it might
Ttwo weeks after that.
Mr. G arrow. — ^This procianiation forbids
ikll farmers, dealers in corn, meal, or hay, to
the same under pain of death? —
fes; and also to all gentlemen residing in the
untn*, not to leave their respective habita-
> foTSL greater distance than three miles,
under the same penalty ; these, as far as 1 can
ecollect. were the contents of that paper.
^ Was tJiere any thing in that adnrcss rela-
tive to his m^esty? — On the other side of
Ihc paper there was a copy of an address to
'tis majesty.
For wUiil purpose f — Ordering hira lo dis-
liniss his present ministers, and to put an end
^ 1 this bloody war, or he might expect bad
Dnseqyences ; it either ran this way— that
Pf^ ■ - -'if expect bad consequeuceS| or he
ji lie by the consequences; I could
[li^., ..u.^;. inland which.
When waH this proclamation, according to
Walt's representation, in that committee, to
Tjc carriea into ex ecu tton?— The paper mca-
tioDcd, [ think, titat thin copy of an address
iras to be sent lo hit mi^esty the morning
"lt the attack.
Was the attick that you descril^, the draw^
ng the soldiers from the Cattle, 6cc.?— I
ould look ujiou it in no other light than Uiat
this was lu strrngiben that pbu) which be
^ ad read i ' iiec,
W»* it . la the com-
itlttcc* wii.it y^,xs v> ui uuii*; willi tliose hoU
). when Ihcy should be so surrounded ?—
io.
Nor H ;gi&tiate:>.^-i'IIe did not
TVfol ^ Thomas Hardif
[856
Upon his proposing the second plan, what
parsed about itr—Therc was nut^tv^ - •- - cd
upon it, for when he had read t!i \
said, Mr, Watt, these ttung^ do uui i.^.i^ng
to tiic cause of reform, and I would by no
means agree to any sucli things.
Had you been a member of the BriliiU
Convention at Edinburgh? — Yes.
Were you present at the passing of any qX
their solemn resolutions ?— No ; I was not
Do you know a person of Ihc name ol
Orrock ?— Yes,
Do you know of any order be re ' ' -m
Watt to form any onensive ui^' of
any sort? — Yes; Mr. Watt calle<j upon me
one day, and wished me to take a walk to
Robert Orrock's ; when I went there, he told
him tliat he wished him to make sooie pikes,
and, as far as I can recollect, Orrock drew a
model, upon the table, or something.
What trade is Orrock ? — A smith*
Did he reside In the neighbourhood of
Edinburgh ?— Yes, within a mile. He skclcb*
ed it out ufKPna slate, or upon a board ; be said
he had four Uiousand to send to Perth, besides
what he had to distribute about Edinburgh |
that was all that I remember.
Do you know that, in point of fact, Oitock
did make some pikes for Watt, in consequeoct
of that order?— I only knew it since Orrock
was in confinement
Do you know of any having been found ia
Watt's or Orrock's bouses ?--I never saw oott
of them.
You mentioned a person of the naxnt oC
Stock, who was present at this last meeting bI
which you and Watt were present ? — Yes,
Did Mr. Stock, at that lime, mf^iitiun any
Ijlace to which he was going ?^ I t ei
te did ; he said, as far as I can r( i :ia|
he was either going to London, or to Briatoh
Did he mention any (person in Londoo ia
particular upon whom he intended to wait, ill
order to establish a mode of rorrcspondenee
withMr. Watt?— He saii by desire of Mr.
Watt that he would wait upon Mr- iUidyi
Mr. Watt sending a letter along with him 19
Mr. Hardy.
For what purpose was he t-^ •*'"'- ^ t:-^-^ Mu
Hardy ? — As far as I could u Mr,
Stock said he would take ^ i 'Ir.
Hardy, and that he would do cvi in
his power toestabUsh a correapui ii . be-
tween the two.
What two do you mean, Hardy and Watt ?
— Yes, as far as I understx*od him.
Do you remember Stork writifi| ao^
then, as a plan of c<^^ uce
himself and any other ^ \ re
he took a sheet of papei^ i\^ .
marked upon one stdc^ the j
iny ' ■■■■• -■ ,■'"'' ■ •' ^ ^ . ■
cd to curreapoud la a »afe mctlMti aM fit
iciriL'traiaia
of it
*'-rb©fer?
elwccii
Jbf High Treason.
gavr Itim this as a plan how he might corrc»*
ponti in safely ; ihat wa!» the ptaii he inea-
Wail any thing said a\ that tneciing of
Stock's calling again upon W*ttl un ttie Mib-
JGCt of his goujg 10 I^odon ? — Walt saiil if be
Lxhl call upon him U€Xl day, h€ should liavc
lelier
ri>id you ^<p any thing more of Slock f* — I
pvrr say aoy thing more of htm after tUut.
Arthur M'Ewttn cross^samined by filr,
Enkine.
Wliciher any letter was ever wriUcn to Mr.
rdy you do uat know ? — No.
,()r whether Mr. Hardy ever dcaircil his
irr<^'?oondtnce you do not know? — I know
n ^ut it.
u n member of the Society of the
Friendji uf the People in Edinburgh ? — I was,
of a society at the Water of Lcilh.
What was thi^ sub^committee at which
Watt, Downie, and other persons attended ?
>A siib-committee» which I looked upon to
for the purpose of looking into the fitmnoes
Mr. Skirvin^, for this reat^on^ thai Skirving
had wrot« a letter that there was twenty
fKmodi owing to bim.
What was the object of yowr society ? — A
parliamentary reform.
What number did your society consiat off
EK»I buppose about twenty.
E Were you in the convention ? — YcB.
■ How many of the meetings did you attend
In the convention when it sat ? — I could not
MV; I might be half a dozen nights there.
KWere you there when H was dispersed?
Pien the magistrates came in ? — Vcs.
During all llie time you attended this con*
vcntion, did you ever hear, from any of the
aaenihers^ any ^uch talk a^ Watt indulged
blBuelf in Hi the coiumtticef'— Never.
Would you have *tet your fool into the con-
vention il Wall, or any body ehe, had been
talking ol vr- '. - --fMi the judges and send*
tn^ an ad<j i king ? — No.
^^_ You woul^ . „i :,avc done such a things
^^Btmld you ^ — No.
^^■Wa^ tliere any thing of that sort IB the
^^KHkveulion 7 — No.
^H^ You never saw any thing of tliat soirt.^ —
■K From all you ever saw or heard of the mem*
' ben* there, what do you t)eUeve the conven-
tion met to do > — As far as I could under-
stand it, they met to obtain a partiameutary
reform.
How did you understand, from the general
conv^r^liou and debutes in the society, that
t to set about obtaiuing tiiat f— By
ion* »
sot you recollect it was taid, that al*
;h parJiameat might not l>e disposed, as
not bLiii disnoscd to listen to patitious
- n^ when no speci&c plan
, rd, yet if a vast nimiber
thfi people oi England were toagroeupon
A. D. 179** [858.
a plan^ atid point It out to the attention of tfa
i»arUamoni> very probably it would meet will
better success?— I do not reinuniber that.
Were they to liavc petitioned that nighl
or how was that to bo done? — That vei
night whmi the convention was dispersed, i
was to have come under consideration , eitbi
to petition the House o( t/oiaoiousy or ttj
King, as ' I uliect,
lA)cd t fcr. — Mad there
any notice; ^riv.n m -ucii a motion? — Ui
given the night t^elurc, a» far a^ I heard.
Mr. Erikitte.-^You heard so inthcconve
tion? — Ye^,
Lord Chief Justice Evre. — Do not you co,
found that with nn Address to the Nation f-<
1 do not recollect that.
Mr. Ertktue, — Have you seen the bo
lately?— No.
Or heard them read ? — No, 1 never put |
to papi'T upon the subject ; i never corn
ponded with any man upon the subject*
Of how many did the convention consisi
— I could not say.
But of how many do you suppose they co
sisted ?— Near two hundred I dare say*
Had you ever any arms ? — I never saw <
In any of the debates, that took pla
among the members of timt convention,
it ever proposed tltut they should arm then
selves to overturn the government ? — 1 ne
heard it.
Was any thing said to tliat effect in III
convention } — i never heard it in the convc
tion.
Was it ever proposed that they shouW ha
arms J n order to (ietend themselves against xk
magiiitracVt and to insist upon making Ufl
instead of the parliament ? — ^I never heard of
arms in one place or another, till Watt asked
me to go tiiat day to Mr. Orrock*s,
Did Walt ever say any thing of that sort in
the convention when you were there ? — I do
not know*
Was he a member of the convention f—
That I do nut know any thing about. I
M soon as Watt mentioned this, you say
jou rejected it witlt indianation ? — Yes^ Mr.
Bonlhroo and me r^ectcd it
What 6ort of people did your society con-
sist of? — Working people.
In your society was it ever proposed or rir«
tttted among you to overturn the govera-
meot ?— No*
What sort of a reform was it you wanted ''
•«*The reform most of them spoke of was nni-
rersftl suffra^ and annual parliaments ; some
were of that way of tliinking, some for trien-
nial narliameotSyai settled al the (ievoluiliiTi
What did yoa understatid by nmversal
•uifrage? — ^The people at large to hzrve the
choice of their repreaematives^ j
Was it ever ddiaied, or was it ever pn^ I
poaed that the king's penoii or hit Ihrone \
were to be touch^? — 1 never heard that ^
mentioned.
West ^oa V^ ^^Qym ^ «il ^\K\Vo»^>a^
859J 35 GEORGE III.
the House of Lords, or any thin^ of that sort f
— No, to petition the House ot CommoDS, or
the King.
Arthur M^Ewan reexamined by Mr. Carrow.
What was the Committee of Union for? —
I can give no information as to that.
Upon your oath, was not the Committee of
Union after the dispersion of the British Con-
vention, for tlic purpose of establishing a new
convention, a convention of emergency? —
Upon my oath I never heard at all,— I never
vas in it but that night when the letter was
read from Skirving. I was never in it but
that night I mention.
• Oh! then a sub-committee formed out of
the Committee of Union ?— The first night I
vras in that committee, which is styled a
Committee of Union, that letter was read
from Skirving: — ^the next night again I was
appointed a member of this sub-committee,
and what was going on in that Committee of
XTnion I know nut
Do you mean to represent that the purpose
of the committee of Union, as well as that of
Ways and Means, was only relative to Skir-
ving's letter about his own finances. — I ask
you was it not for. the purpose of establishing
A fund for a new convention ? — All the trans-
actions I ever saw was in that light.
You can give no accoinit what the Com-
mittee of Union was for? — No, I was never
in but that night that I was appointed a
member of the sub-committee.
You would not have gone into the conven-
tion, if you had had an idea of employing any
force, or touching the king's majesty, or at all
encroaching upon the constitution, or produc-
ing in short a reform, but by peaceable
means ? — No.
Did you know that your convention had
resolved: — "That this convention, consi-
dering the calamitous consequences of any
act of the legislature, which may tend to
deprive the wnole, or any part of the peo-
ple of their undoubted right to meet, either
by themselves, or by delegation, to discuss
any matter relative to their common interest,
whether of a public or private nature; and
holdiug the same to be totally inconsistent
with the first principles and safety of society ;
and also subversive of our known and ac-
knowledged constitutional liberties ; — do
hereby declare, before God and the world,
that we shall follow the wholesome example
of former times, by paying no regard to any
act which shall militate against the constitu-
tion of our country ; and shall continue to
assemble and consider of the best means by
which we can accomplish a real representa-
tion of the people, and annual election ; until
compelled to desist by superior force'' ?— I do
not remember any such tning.
Do not you know that with creat solemnity
the convention had come to that resolution ?
»— No, I do not know that.
. - Did you no( l^now that the conveptionhad
Trial of Thomas Hardy
^S»
resolved, that in certidn emergencies, they
should declare their sittings permanent? —
No, I did not know that neither.
Nor that it should be constituted, and pro-
ceed to business, as soon as twenty- one should
be met ? — ^No.
Did you not know that the convention ro*
solved that the delegates were to hold them-
selves ready to depart at an hour's warniu<;,
and to repair to the place of meeting ap-
pointed by the committee of emergency. —
Did you ?— I have heard of tliat, but only
know of tliat by hearsay.
You have heard the delegates were to meet
at an hour's notice ? — I heard it mentioned
that they were to have another convention,
and that the society were to get inlbrmation
respecting that other meeting.
That they were to be furnished with in-
formation ?— That they were to get informa-
tion.
Who was to furnish them with it ?— I do
not know.
Upon your oath, do not you know it was tov
be a convention of emergency ? — No.
The purpose of this new convention, I take
it for granted, was only to petition parliament
for a reform ? — ^That was the purpose of the
society I belonged te.
And that was to be the purpose of the new
convention ? — I could not say as to that at all.
This gentleman has ^t you to say, that
you would not have remained for a momcut
in the convention, if you had had the idea of
any force being employed ; — upon your oath,
how came you to attend a second meeting of
the sub-cotimiittee, with Watt, who had pro-
posed a plan for drawing down the soloiers
from the castle, in order to have them sur-
rounded by the Friends of the People, and for
I carrying that first plan into execution .^— How
came you to meet him at a second meeting,
when he was enlarging upon that plan ? — I
did not know that he woulu repeat it again.
Did you |o and inform any magistrate of
such a plot ? — No, but I informed the sheriflf.
Did you inform the sherift* of the first plan,
before Watt communicated the second ? —
No.
' Lord Chief Justice Ei/re. — You are asking
' this man to go the length of convicting him-
I self of high treason. — I'he Court oughtto take
I care in the examination of a witness, that he
is not called upon to accuse himself. — He is
upon very perilous sround. I am not quite
sure that you would be permitted to make use
of a man's evidence against himself so ob-
tained, or I would not have permitted it to
have gone on- so long.
Mr. G arrow. — It has been examined to on
the other side.
Lord Chief Justice Eyre, — It is difficult to
say that a question should be asked on one
side, which should not be controverted by ex-
amination on the other side ; — witnesses
theretbre should understand to what they sub*
jcc^ theiQaelves.
861]
J6f High Treasofi.
A. D. 17M.
{962
M*EKan,-^^y Lord, I am not acquainted
with these things, and I hope your lordship
will protect me.
William Middleton sworn — ^by holding up the
hand, Examined by Mr. Garrow.
Did you search the house of Watt, who was
executed at Edinburgh P — Yes, I searched his
house upon tlie 15th of May last.
Did you find any pikes in his house ? —
Yes.
Mr. Erskinc-^This was afler Mr. Hardy
was taken up.
Mr, Attorney General. — It has now been
spoken of, that Watt gave orders for pikes —
we shall be able to prove bv the time at which
the orders were given, that it was before
Hardy was apprehended.
Lord Cliief Justice Eyre, — ^That cannot be
admitted.
[The Court was about to adjourn.]
Mr. Erskine. ^"My lords this is the fourth
day that my friend Mr. Gibbs and myself,
have stood undoubtedly in a very anxious si-
tuation ; — there has been a most voluminous
body of written evidence, all of which has not
been printed ; — copies of that part which is
unprinted, have not as yet reached me : —
there have been two days spent in hearing
parole evidence ; and we being but two^Us-
signed as counsel for the prisoner, have been
obliged constantly tu be engaged in court, in
cross-examining the witnesses for the crown ;
^-and your lordships very well know, that the
crossrexaroination of tiie witnesses, presents
a great feature of our case on the part of the
pnsoner. — A great deal of that has fallen
Upon ine : — your lordships must be sensible
it is impossible I could at the time of cross-
examining a witness, take any particular note
of what he has said. — When the evidence for
the crown was near closing, as I thought, I
humbly requested of your lordships for the
indulgence of an hour or two to look over the
papers ; — your lordships were pleased to grant
injr request, which I considered as a personal
civility to myself. — I was prevented by ex-
treme sickness, from availing mvself of those
two hours, for I was extremely ill, and nothing
less than a case of this magnitude could have
brought me into this court. — Since that time
X have not had natural rest, for I have not got
home till between two and three o'clock in
tlie morning, and have been here again at
nine ; so that I can say, with a safe conscience,
I have not had an opportunity of casting my
eye upon any part ot the evidence, though I
trust I have something of the general result
of it in my mind. — I should hope, under these
circumstances, tlic prisoner may be indulged
with some opportunity, for my friend Mr.
Gibbs and myself, to arrange our papers, and
ccAsider them together as counsel for the pri-
■OOM', before we are called upon to make our
dfience :^and it is necessary to do this, not
for my address to the jury only; but it is ne-
cessary when I address the jury, that I pre-
sent them the prisoner's case, that depends
much upon the arrangement of the evidence ;
— and 1 feel myself in no condition to do this,
either in a manner that is respectful, or fit for
the Court, or for the safety of the prisoner.— I
do not wish to impose any particular time, but
merely to leave it to the indulgence and jus-
tice of the Court, perfectly sure when I leave
it there, I leave it in a safe place.
Lord Chief Justice Eyre,— I feel the weight
of your observations, of the difficulty under
which you labour, hi an extraordinary case,
which can hardly be judged of by the common
rules on which we proceed in cases of this
nature; — the Court are of a disposition to give
you all the indulgence they possibly can, be-
cause there is a vast mass of evidence; the
case arises out of the evidence, and it is fit the
case should be thoroughly canvassed. — At the
same time, it is certainly notorious that the
great bulk of that evidence has been in print
a great while, and I cannot believe that it has
not been very well considered as far as it has
been in print. — I am sure that must be ui^
dcrstood.
Now I will tell you very fairly, if the ques-
tion were only the personal accommodation '
ofyourselfand Mr. Gibbs, at the expense of
the personal convenience of myself, my lord,
and my brothers, I am quite sure we should
have no difficulty in the sacrifice of our per-
sonal convenience ; — ^but there is a great deal
more in the case, — we have a jury wlio^hav^
been thrown into the most arduous service-
that ever I saw a jury engaged in : they hav^
borne it in a manner that does them infinite
honour, and I have no doubt but tliat as far as
it is necessary that they should continue in
the situation they are in, that they will bear
it chearfully. — I have seen such a specimen
of their behaviour, that I cannot entertain a
doubt of that; — but that we could gite you
an absolute suspension of the business in the
situation that we are in, upon the terms of
keeping the jury in the situation in which
they must be kept, is a thing that it is per-
fectly impossible for us to think of. Now
this occurs to me ;— my brothers will con-
sider of it ;— I merely throw it out for their
consideration. — You are men of honour, you
will tell us whether you really do mean to call
witnesses, or to take the case upon the ground
upon which it is aheady made :— If you mean
to call witnesses, you may call them to-morrow ;
vou may go on with tlic case as far as it will
be necessary for you to go on, to fill up all the
time that ought to be filled up, leaving only a
p:irt of Sundaj', the common mter\*al of rest,
without our keeping the jury in a situation to
do nothing. — If you do not mean to call wit- ■
nesses, but mean to leave the case with the
observations which arise upon the evidence
that is before the Court, we will go as far as
we can ;— but if witnesses are to heciJAftA.>»
and you desire uoX. to 2A<\\«» >^ub vw^ \s!M«»-
diaiely, you mvibl *uiMK«;Cic»\)^^ Vi\B^ ^
86S]
35 GEORGE III.
Ttm! of Thomai Hardy
[BSt
amine your witnesses, as soon as Uiey have
dosed on the irart of the crown; and BlI up
the time that will intervene between that time
and the lime when you will be ready to go on
with your address to the jury. — \n that way I
think we shall put the jury under no unneces-
sary hardships, because whether thcv hear
the witnes?jes before or after the speech, is a
matter of no importance to them.
Mr. Erskine, — I should be afraid to talce
upon myself the experiment of trying a cause,
p^Ltticularly of lh)s magnitude, in a manner to-
tally different from any that ever occurred in
the ann&ls of this country. I should be afraid
to be^in an experiment of that sort> more
especially when counsel in a capital case; be-
cause undoubtedly the evidence comes with
infinitely more weight, and I mean by weight
the proper weight evidence ought to have,
the l>eariDg of it upon thcca^e when btated by
thccounsdy who is to introduce it; and much
of the efiect of evidence is lost, and much dis-
torted by the cross- examination of counsel,
ttntil the tnie bearing of it is explained. I do
not propose that wiiich can be properly termed
a suspension of the trial, that could throw that
sort of inconvenience upon the jory, which
x¥Ould, I am sure^ give me as much pain as
any body in the world ; — but your lordships
will recollect the attorney general in opening
his case (I am sure I think iis highly as it is
possible of the ability of the attorney-general^
and of the manner in which he performed his
duty), he found it necessary undoubtedly to
spend nine hours in the opening of that case,
— the prisoner most unquestionably may ex-
pect an equal time, ii it were neoessary, for
nis coutiselto lake the same course in opening
hjacase ; — and if I were thrown upon it in the
present moment, not having a sufficient re-
collection of the great points of the evidence,
if I were put upon >peaking to the jury, I
might take thut course of reading at great
length, great numbers of papers; — whereas, if
I had the upporluoity ot a few hours more,
ivhichis I he nature of my application, merely
to arrange my papery and to select such as,
in thejudgment of my learned friend and my-
self, ai« sufficient to do this as it ought to be
doiM>4t would save time.
Lord Chief Justice £yri'.— I dread the ex-
plmation of a few hours; Mr Attorney Ge-
' , wiiai farther cvidenre liave you to pro«
OtntraL — I think tny evi-
. take up more than' forty
kmyw whotbcryour
tnday.
t\ — 1 $ball <\\ late
1^ Sunday.
lomeist.
that to be the ease, and it is a ctrctinifttaDoe I
am extremely sorry for; on the other haod,
I cannot hazard the situation of the jury,
Mr- Ertkine, — I should be sorry to put the
jury to any inconvenience. — I do not fthrink
from the business ; I am extremely willing to
sufl'er any thing, but I assure your Jordsliip
that my health is extremely sufi'ering by it
Lord Chief Justice E^rt, — Wlml iail you
ask for >
Mr. Ertkine. — As I stated before, th^ at*
tomey-general found it necessary to consume
nine hours, I shall not consume half thai
lime,— certainly I think I slrnll not consume
half that time, if 1 had an opportunity of doing
that whicii I humbly request of the court, that
15, of arranging the materials in such a manacT
that I should lie able to make those observa*
tions which occur to oie to be the proper ob-
servations to be made, as counsel fur tlic ptt*
soner*
Lord Chief Justice £vre,— Wehavc offered
you an cx{»€dient; ncitner of you say to ii»
whether you can accept it.
Mr, Gibhs.—V^lih respect to that expcditnf
I have no douht to say, that it is utterly im-
possible for Mr. Erskine and myself, in the
situation in which we are, respecting uu/^lres,
respecting theCourt, and respecting thepiiblte,
ana the jury, it is utterly impossible for m to
think oi* that, because if any thing adverse
should happen when we have taken jiuch a
line, the imputation will lie upon us.
Lord Chief Justice Eyre, — ^'Fhat i" , < t
be in yuur judgment a desirable ti >
well, but that there is any other okyt-ttion tw
it, 1 cannot agree to. Whether tiie cttie i»
taken upon the summing up of the evidcc»ce»
or whether it is taken iijKjn the otienmg of
the evidence, is as to all legal purpose the
same; I can see do difference : it may ii»ke
a va»t difference in your judgment, as to whtl
is the best manner and the beat method q€
laying your case before the jury ; uDtfoubtetlly
we are assisting the prii^^ner by | ,j
counsel in a situation to do his bus^ <v
best manner, by proposing it thus i whcicas
if they were put upon doin^ it in theordiii
course, thev would lie under a |»ecitliar dil
culty and disadvantage. Mr. Ersktne has r
yet told us what he asks.
Mr. £r*A:ii*«.— Since it is put cspreaa^ 1
noe, I sliail propose, unless the jur^ pf«>leas|
a very serious incunvenience lo them, los
4jf c'~ki>'''i^^ I" ti**'* iiLiirikimr' at tVir- lin'iA
gcn^
Mr. Gibbs will hi
note of the few lac t
I nhall be able by Mi*i ti.
Lord Chief Jnstiff ? . lm
ill be
lia tncQ i mfkii vc iicard after
W« Mr
8G5]
fii/r High Treason.
A. D. 1794-.
[866
Lord Chief Justice Eyrc^^You will con«
doct your case in the manner you tliiak hest
for the interest of your client.
Mr. Ertkine. — I'should be glad if your lord-
ships would allow another hour.
Lord Chief Justice l!yrr.— I feel so much
for the situation of the jury, that on their
account I cannot think of it.
Mr. Ertkine. — My lord, I never was placed
in such a situation in the whole course of my
practice before, with so many gentlemen on
the other side; however, I do not shrink
from it.
Ou€ rf the Jiiry.— My lord, we are ex-
ti«iiiel;f willing to allow Air. Erskine another
hour, if your lordship thinks proper.
Lord Chief Justice £yre.— As the jury ask
it for you,. I will not refuse you.
[It now being half past one o'clock, on
Saturday momine, the Court adjourned
to twelve o'clock.]
iSuMM House in the Old B&ihif^ Saturday,
November the lit. 1794.
Paesemt,
Xiord Chief Justice Eyre; Lord Chief Baron
Macdonald; Mr. Baron Hotham ; Mr. Jus-
tice Buller; Mr. Justice Grose; and others
bis Majesty's Justices, &c.
Tktmas Hardy set to tlic bar.
Iff. Attorney General, — I am now going to
call a witness to prove that a paper was found
IB the possession of Mr. Thelwail, and also to
prove that anutlier paper of the same sort was
touod in the possession of Mr. Martin, being
of the hand -writing of Martin. These papers
mn found after the apprehension of Mr.
Hardy. When I have proved that the papers
were found in the possession of Martin and of
Thelwail, I shall then eo on to prove by a
witness or two, whom I shall call for that
purpose, that thoy existed in the possession of
eacn of tliem Ions' before the apprehension of
Mr. Hardy : they inirport upon the hct of
them to bt; pre|KiiV(l for the general meeting
of the CA/nrcs|i()iKling Society, upon the 14th
of April, 1704, at Chalk Farm.
Mr. Oibh» —Your lordship sees that the
cvidenrc offered is that these papers, ai\cr the
apprehension of Mr. Hardy, wore found in the
poeaesMon of Mr. Martin and Mr. Thelwail,
MOTMy that thoy were in their possession,
lot that they were ever used by them— -it
jloes not appear but that they might have cot
wto their possession again, but simply that
thaj were in their custmly as a newspaper is
In my haml this morning, and may pass into
otker hand.«.
Lord Chief Justice Uyre.— The only ground
«pMi which any pa|)er is objected to as evi-
Mm, f nuid atter the apprehension of the
pir|y, is tliat bv possibility the paper might
■Upa^e eaisted, or might not hare been in
the hands of tlie person till ftfter his appre-
VOL. XXIV.
hension ; that is the only ground upon which
the evidence is refused ; if they remove that
ground of objection, it is admissible.
Mr. GiblMi, — I understand the rnle gene-
rally to go to any pa|)er that was in the hands
ofany one person. I undersland that to be
the principle.
Lord Chief Justice l^rre.— That goes rather
to the effect of the evidence, than to the ad-
missibility ; it being found in the possession
of the parties before the apprehension, re-
moves m fWct the objection.
Mr. Attorney CeHeraL'"'MT, Martin and
Mr. Thelwail, in whose custody tlie papers
were found, were persons who, together with
Mr. Hardy, were appointed to prepare the
proceedings for the Chalk Farm meeting.
liord Chief Justice Eyre.— l observed that
that goes more to the effect of the evidence,
than to its admissibility.
Mr. Charles Scham sworn. — Examined by Mr.
Attorney GeneraL
Where did you find that paper ?— [showing
it to the witness]- -In Mr. Thelwalrs house.
When you apprehended him? — AAcr he
was taken away ; I remained to bring away
the papers.
Upon what day?— On the night of the
ISth of May, or the morning of the 14th. It
was the momlne of the 14th.
Mr. Gt'Mf.— 'This is certainly an infbrmat
mode of proceeding; I conceive that these
papcri cannot possibly attach upon Mr.
llardy, as they were found subsequent to h\H
being taken into custody.
John Nost swoili.— Examined by Mr. Aitorne^
General,
Look at that paper.— [showing it to the
witness.]— -I found this in Mr. Martin's chest
in the Kmg's- bench prison.
Mr. C?i^.— When did you find it?— On
the 39th of May.
Mr. William Walker called again.
Mr. Attorney GeneraL—Look at that paper
[showing it to the witness] do you know
whose hand-writing that is?---I believe it to
be Mr. Martin's hand- writing.
Have you seen him write P — I have.
[Another paper shown to the witness.]
Whose hand-writing do you beHe\*c that
to be?-- -I believe that also to be Mr. Mar-
tinis I land- writing.
Mr. Gibbt, — Did you ever sec Mr. Martin
write? — Yes, frequently.
You did live in the Adclphi, I believe ? — I
did.
E7)an Evant sworn.— Eiamin«l by Mr.
Attorney GeneraL
You were confined in the Kigg's-bcncb
prison, I believe, for debt ? — ^Ycs.
When did you leave the Kin^^-HttKVv*.— V
cannot rig^hxV^ \fiM«
8 K
867]
35 GEORGE III.
Trial of Thmai ihrdy
[86»
How long ago?— I suppose six or stvcu
mouths ago. I lef\ it on the 3 1 st of July.
How long had you been there ? — Near two
years.
Do you know John Martin? — Perfectly
well.
Was he a prisoner there P — He was.
Do you remember, while you were in the
King's Bench, ever seeing either of the papers
now put into your hand ?--I remember per-
fectly well seeing both the papers.
When was it that you saw them ?— I be-
lieve about the beginning of April.
Look at the top of this paper, and tell me
whether it was before the uate there men-
tioned, or not? — It was before this time.
Lord Chief Justice Eyre. — ^Whcre dW you
see them? — In the room where Martin was.
Mr. Attorney Gtner^al,'^^^sA ^ou any con-
▼crsation with Martin at that tmic?— I had
—he told me he wrote the resolutions for the
society at Chalk Farm ; he had a copy of
them, and read them several times in the
xoom.
look at the other paper, and tell my lord
and the jury whether those are the papers
which he read several times in the room, or
not ? — I really cannot recollect ; he often read
them to one Pearce, who used to come to see
him - he said he wrote the resolutions for
Chalk Farm, and that there was plenty of
cayenne in them; and if they followed his
advioc or example, there would be warm work
among them before the month of May was
out.
Did you know Pcarce ?— Perfectly well.
Did he use to come there ? — He took tlic
resolutions from Martin to Chalk Farm.
Mr. Gi66f.--IIow do you know that? — I
saw Martin give tlic papers to Pearcc.
Mr. Attorney General. — Was Mrs. Evans,
your wife, with you ?---Yes, she was.
Was Mr. Tourll present at that time ?— He
was there when Mr. Martin mentioned about
the resolutions, that he had put plenty of
pepper in tlieni.
Did they see these papers as well as you ?
— My wife saw them.
Dfd they iicar the declarations of Martin,
as you have blated them, as well as you ?—
Yes.
Evtm Evans cross examined by Mr. Gibbs.
What are you ? — I was formerly a grocer.
Were you in the Ring's-bench prison for
debt?— Yes.
For two years I think you say ? — Nearly.
Had von any difffrcnce with Mr. Martin
there?— \Ve hrnl a difference last of all;
Mr. Martin wished to have the room I was in
to himself.
I do not want to know the reason of vour
difference— you had a violent quarrel? —
No; wc hacl no quarrel, only a dispute.
You ncter uttered any expressions of re-
■«n^«at or thre&ta against hun, did you ?—
Evan Evans re-examined by Mr. Attorney^
General,
Was there a roan of the name of Gay in
the King's bench prison at the time that
Martin was there ?— There was.
Mr. Attorney General. — At the end of Mar-
tin's letter he mentions Gay.
Ann Evans sworn. — Examined by Mr. Jl-
tomey General,
You are the wife of the gentleman who
gave evidence just now ? — ^Yes.
You attended your husband, I bdieve, in
the King's-bench prison? — Yes; I went
backwards and forwards to him.
Do you know Mr. Martin?-^ Yes; very
well.
Did you ever see these papers before, look
at them ? [showing them to the witness.]—
Yes ; I have seen them both.
Where may you have seen them P— In the
King's-bench.
In whose room or possession P— In Mr-
Evans's room, in Mr. Martin's possession.
When was it that you saw them there ;
was it l>efore or after the month stated at the
top ? — It was in that month. '
Did you happen to hear Mr. Martin say
any thing respecting t)iese paoers ; and if be
said any thing, what was it tnat he did saj?
— I remember his reading this paper, particu-
larly mentioning that it is not lawful to take
up arms against the king ; he read the paper
through, but there is nothing more that I
recollect, as I was passing to and fro, but those
words.
Did you hear him say any thin^ else,
except wliat he said about the paper?— No-
thing else ; there were three gentlemen pre-
sent, to whom he read il.
Was there any talk about Chalk- farm?—
Yes; I heard liim mention that he had drawn
the resolutions up for Chalk-farm.
Did he say any thing else? — He said if
they kept by his resoUitions, they were
very warm ones, for he had put plenty of
Cayenne into them, and that there would be
very warm work.
Do you remember a person of the name of'
Pearce coming there? — Perfectly well ; Mr,
Martin's clerk.
Had Martin and Pearce any conversation
about these papers, or Chalk- farm ? — I heard
none till he brought the resolutions printed :
Pearce said he had had many of them, but
that he had distributed them among the
workmen of a Coach-maker in Long- Acre,
but that Mr. Hardy had a great many more
printed, and that he could get more.
Mr. Gibbs.-"Your lordbhips see this is not
evidence against Mr. Hardy ; in fact, it is
not the more evidence for Hardy's i
being mentioned, than if it was not
aond.
Lord Cliief Justice Eyre.^l do not kniw
that it 18.
869]
Jtar High Treason*
Ann Evans cross-examined by Mr. Cibbt,
. What resolutions were those that Mr. Mar-
tin spoke of? — For the meeting of the London
Corresponding Society at a dancing room in
Tottenham Court Road, and that they removed
from thence to Chalk-farm.
Mr. Aitorn^'GeneruL — Do you know what
street that is inP— No.
Mr. Gibbs. — Can you swear that these are
the very papers that you saw in Mr. Martin's
hand i — I can.
Were they ever put into your hand to read ?
.i—Thcy were not ; but I have had them in my
hand frequently.
Since ?— No, at that time.
You have frequently read them ?— Yes.
. You amused yourself vnih looking into
Mr. Martin's papers when he was not there ?
•—And when he was present likewise.
When vou speak of the copies that Pearoe
paid had been give among the Coach-makers,
do you mean to say that they were copies of
these papers?— They were the resolutions
printed.
But you do not mean that they were copies
of those which are now put into court ?
Lord Chief Justice JEIyrc.— I did not under-
ttmnd them to be the originals, or copies of
the resolutions read at Chalk- ikrm, but that
Martin said, at the time they saw these
papers, that he had prepared the resolutions
tor Chalk-farm, and that the paper brought
by Pearce was a printed copy of those resolu-
tions; unless this shall tuni out to be the
origiual of the resolutions, it amounts to no-
thing.
. Mr. Gibbs.-^l know it is not, but I thought
that mistake might arise.
Thomas Tour II sworn,— Examined by Mr.
Attorneif General,
I believe you had the misfortune to be in
the KingVbench prison about the months of
March and April last ? — Yes.
- Do you know Mr. John Martin at all ?— I
know him by frequently seeing him in Mr.
Evans's room ; 1 never knew nim before he
came there.
That is the husband of the lady who was
here just now ? — Yes.
Did you ever see this paper before?
[showing it to the witness.] — No.
Bid you hear Martin s«iy any thing about
the Chalk-farm meeting?— I did.
Be so good as state what you heard him
say?— One evening, when I called in at Mr.
Evans's room, Mr. Martin came in.
What month was that in?— I believe in
April; it was three or four days before the
Chalk- farm business.
State what Mr. Martin said in your hearing,
about the Chalk-farm business ?-— Mr Martm
in, and the business of Chalk-farm came
up ; he asked me if I had read any thing of
itp— I told him I had not ; in conversation, he
said he had drawn up, and I think he said he
A. D. 1794.. [870
had sent the resolutions; I am certain he
said he drew them up, and, he said, if they
followed the resolutions, there would be warm
work, for he had put in plenty of Cayenne.
Was there a man of the name of Gay in
prison at that time ? — There was.
Were he and Martin much together ? — A'cry
often.
Mr. Attorney General, — I will read pre^
sently a resolution of the Constitutional So«
ciety, relative to that Mr. Gay ; his name
occurs in that letter, and I think he appears
to be proposed as a member to that society
by Mr. Tooke. .
Did you see Pearce there ? — I have seen
him there two or three times.
Perhaps you had not occasion to observe
any particular communication between themf
—I had not *
Mr. Attorney General, — ^Now I take it there
is no objection to reading the paper ; therc^
fore I desire it may be read, ana I would beg
of your lordships and the jury, not only to at*
tend to what is left in the paper, but to what
is struck out of it to look at the paper itself.
[The paper read.]
" At a general Meeting of the London Cor-
responding Society, held at on
Monday, the 14th day of April, 1794.
" Citizen ■ in the cliair.
** Resolved, That all sovereign, legislative,
and judicial powers, are the rights ot the peo-
ple; and though the people nave delegated
thosie their origmal powers to others, in trusty
for the benefit of the community, yet the
rights themselves are reserved bv tlie people,
and cannot be absolutely partea witli by the
people to those persons who are employed to
conduct the business of the state.
" Resolved, That the constitution of Eng-
land is held by the King, Lords, and Com-
mons, and other oflicers appointed by the
people in trutt^ for the betieht of the jpeople ;
and though these trustees may regulate and
improve the constitution, yet they cannot
alter or subvert it without committing treason
against the nation.
Resolved, That Magna Charta, or TIIE
GREAT CHARTER OF THE LIBERTIES
OF ENGLAND, made in the reign of king
John; THE PETITION OF RIGHTS, as-
sented to by parliament in the reign of king
Charles 1st and the several laws made at and
in consequence of the Ghrhms lievolution in
the year 1688, are declaratorv of those parts
of the constitution of England, which are in
and by them respectively declared.
*« Resfjlved, That the office of KING of
England was not instituted by the peoplo
merely as an office of protit and honour to
the king, but he was so appointed as chief
trustee and guardian of the constitution and
rights of the people, and that important and
laoorious personal duties sxevLwass.'KsAVi^^
regii oftce, \ii^ oV^^Xa^^ ^>NkfcN\«t^>B
87tJ
35 GEORGE UL
nsc'te t::e good of the people, and preserre
their ri^hU in lull vigour from innoratioa arid
corrufircn.
UcKjUcd, That it is the duty of the king to
pre^trie t}:e ccn*:!tut:cn of Enzland and tic
righ ! * 0 :" 1 :. t p* vf ■- e a jai ns t e verr encroac h-
ntnt; 'ajl-iI :n order to enforce that dutv, th.c
follow::.^ oath U required u* be taken Ly
erer^- Lire on his acce«Mon to the throne of
Great Bf^uin, to wit: the arrh-bi^hop or
bbhop scj" *iy — • Will you solemnly pro-
' mi«< tT.d sveai to gi#vem' the people of this
'king'i.m l: England, and the domtnioDS
* therf.v bt!f rg:3~, acccnlinz to the statiites
' in psriiam'.nt azreed on, and the laws and
* cu*t':in* of the same."
** 1 he king or queen shall «aT, ' I solemnly
* prom.r« so to du.' Archbishop or bishop-^
' Wiii \cu to ycur power cau«« law and jus-
' txe in merc%* to be executed in all rour
•judgments r ' ANS. • I wyi.'
** After this, the kinz or queen, laying his
or her hand on the holy Gospels, shall say-^
' The thiols which I have before promiscid I
' wiil perform and keep : so help me God'
and ther. shall k.ss the book.
** Received. 1 hat his present majesty-, king
Gecrce Trd, en his accession to the throne of
these realms did K>lemnly take the said oath.
" Pue^lvcd, Tbat the constitutional rights
of th'.- people have been vioiued, and that it
is the d'jiy of the people, in the present
atarc.ir.^ cr.«i«, to assemble and inquire into
the ir.n.~v;it.or.s cr infringements which have
fceeii ct*:!- 'ap. r. the rizKts of the p«iple, and
tjy- :\t t:.« li^ia-alion* cf the constitution,
as ihfrv v.rre set tit J at !i:c aforesaid llevclu-
ti.:ri, iLir.^i":; ::i lor.e, ir.-i uhich of them have
been vri!at'.u. ai.u hy whom : and also whe-
ther j:::h innovatxns. im'rinzements, and
vloli: :.:,', i.ave been committed from the
Tie^iij* li'.e or corruption of those who have
Ijeei: L.iTu-ied with the government of the
state.
" l*c?-/ivcJ, That this society do invite the
Feopie to iT.cct ia their respective nighbour-
oril*. !o eirci one or more person or persons
as delf^dtf' to meet in a convention, to be
h:M cil i-.c dv.-*^f next,
at >!:rii jiire as *haii I'- arf-ointcd by the
fcccrf. ci,i:inj:*tte o! thi* society; and tlr-it
the fic.c:;aiC'. ^o e.tctd do forthwith trans-
mit t«.' I:.*, s^cret^ry ot thi- *ocitly, No. 9,
Picc-di.y. L'.nJon. the voucher* of their se-
%rcriil tit.ii^.ri*. in or^Ur that llie place of
mectiMj i!..iy be duly n-itihed to them.
" l:'.-u.»*d, l;.at ii i? the rijht and the
Lou I.' • ::(:i:iy..f ihf people tc>puni;n ah traitors
ag-djn-i !:.t nals n, an I that the following
word? u;t" im.w n- 1 .*part ol the oathof alleci-
ance; to mil * 1 lieciart tlat it is not lawful,
* upon any pre mice wi;atevcr, to take arms '
' against the kin^.*'* ^
£dbarA called again.^Examined by
Tri^ of Thrymoi Hmrdif [878
We.*ie you a member of the LoodoaO«res-
p r c : nz Soric ty ? — ^Y«.
Ac J attended the divisioa meetiag^ f— Yes.
Look at that paper fsiiowiiie him a paper);
were payers of that scvt distnSiitcd al the «•
vision meeting of the society r — I aerer urn
them di^tnbuted.
D>j you erer sea them there; I saw aoe
of thtm handed round at the diiision at
Snow^ij!.
When ?— I cannot justly say.
.-\U'*jt how Ion; ago ? — May be
ago Eiow.
"Did you see more than one ? — ^I i
but trial one.
Lcrd Chief Justice Ejrnr.— What
was that division? — The diviskm that act
at Scotccy's, the Three Tuns, on Snow-hill, I
think No. 11.
Mr. Gi^.— Does your lordiJiip think that
without producing the paper itieit^
was handed rocmdr they can give in
a paper similar to it J
Lord Cfcief" Justice Ejrre.— If he can taka
upon himself to say that it is tne sune
paper.
[It was read.]
^ Countrymen, 30U are toM by those vfao
are in o6ice, that you are in danger of a French
invasion.
*^ You are told by those who are aul af
office, that you are in danger of a Hessian or
Hanoverian invasion.
** In either case arms will be of use to you;
agree anionz yourselves, get arms, and leam
! the u>e c: them I"
I W'iUian Middlno^. called again.— £\amlned
j Ly Mr. Gurr^fi..
D:d yen at any time nnd any pikes in the
hcurc 01" Onwck ia Etiicbiir^h? — Yes; upon
the evening of the 15th of May iaat I
seirchetl the house of Orrock.
DiJ yen hnd any pi.-ves there? — Yes— to
the amount of thirty- ttirce.. cni>hod and un-
tini^:ieli.
Those which you state to l>e hnishcd. had
bl.ifics and *iutisl -i:ri'». ?r:— They were none
ur them witli ?hait<, there were oniv the
Old yo'.i find .my in the possession of any
other fcrsin.' — I'pon the same d^y. in tiaB
house of Kubert W^iu who wa& lately executed
jl r.-.i:nlursh. there we.'-e twelve found atone
seariii. andfour at another.
Were they likewise blades without shafts?
— ^liicrc was one >haft.
Mr. Oitbs. — l>ocs your lordship think tbat
this, wiiich was ail alter the apprehension of
the prisoner, is evidence ?
Mr. Attarncw UfneraL — I mentioned last
night that I had proved tne order lu be given
for them before the apprehension of the pri-
soner ; the order bv Watt and M'Ewan.
Mr. GiM«.^Then that ii all thai jon can
pnnre.
87S]
Jor High Treaanu
Mr. Attanujf General. — ^We have proved
that Stock produced to Watt and Koss a
'printed circular letter, signed Thomas Hardy,
which is verbatim the same circular letter, a
boodle of which was found in the possession
of the prisoner; we have already proved that
there was a conversation at that time, in
which Watt desired that Stock would bring
about a communication with Hardy ; we cer*
tainly have not proved that Stock brought
about that communication ; but, I submit to
your lordships, that if we prove the order for
the pikes to have been given previous to that
time, that the eiecution of that order follows
naturallv, and necessarily upon it.
Mr. Uarnw. — We submit to your lordships
tiiat it is evidence to go to the jury, that the
pikes which were found in the possession of
Watt, are those pikes which were made in
eiecution of the order given by Watt to Or-
rock, antecedent to the apprehension of the
prisoner.
Mr.. Gibbs. — It seems to me that upon
the principle your lordships have laid down,
that nothing which happened after the ap-
prehension of the prisoner can be evidence
aeainst him ; this evidence ought to be ex-
cluded : whether the evidence they have
S'ven, previous to the apprehension, answers
e purpose they wish, is another thine ; but
some pikes having been ordered by Orrock,
or Watt, before the apprehension of Mr.
Hardy, does not make the finding of these
8 ikes, after the apprehension of i&rdy, evi-
ence, any more than if no order whatever
had been given for them previously : if the
former evidence is not complete for the pur-
pose for which they want it, I cannot conceive
upon what principle the pikes being found
in the possession of this man, after Mr.
Hardy's apprehension, is rendered evidence,
by ia circumstance which happened before it ;
it would not have been evidence supposing
that communication had not taken place.
JLord Chief Justice Eifre. — It appears to
me that there is a clear, satisfactory ground
upon which the evidence must be received,
at the same time that you would be at liberty
to insist that the execution of the order after-
wards does not personally affect the prisoner,
but it is a circumstance in evidence to esta-
blish the truth of the evidence of the order
that the things were found afterwards oorres*
ponding with the order.
Mr. Cibbi. — Your lordship sees, in arguing
this, that I do not mean to admit that the
order was Mr. Hardy's, or any thing like it.
Lord Chief Justice Eyre.— Nor do I wish
to put you to admit any such thing.
Mr. C arrow to Middietan. — How many
did you 6nd?— In the first search I found
twelve blades without handles.
What was it tliat led you to search Watt's
bouse?— The circumstance that carried me
there was, there was a bankrupt had secretes)
tone goods in Watt*8 house; in tearchin^
for tbota efiects I found these blades for
pikes.
A. D. 1794. [874
In what part of the boose did yon find
them r — In the lower part of the house, in
his dining room, as his maid called it; a
locked^fast closet, or a locked-fast press.
Did you deliver to Mr. Clerke, the sheriff
of Edinburgh, thoso which you found in the
house of Orrock, and those which you foimd
in the house of Watt ?— They were brought
to Sheriff Clerke's office, and lodged there;
there was one shaft found along with thtt
four which were found at the second search.
Were the shaft and the blade united, at Uie
time you found them, or apart P-—The3r were
not united; but there was a Mr. William
Lockhart, sheriff Gierke's depute, attended:
we tried one of the blades to the shaft, and
they fitted eiactly.
The manner in which they are attached It,
I understand, by a screw ?— Yes.
Mr. Lockhart, you said, was with vou ?«-•
He was present with me in the man's house.
John Etbcards. — I shall esteem it a fiivour
if I may be permitted to say a few words to
the jury, before I leave the court
Lord Chief Justice I^/re. — ^To the Jury !—
Or to your lordship.
Lord Chief Justice JElyrc.—- Is it to change
any thing in the testimon? you have given?
— ^Not to change, to explain. When I was
examined the nieht before last, Mr. Garrow
was very particiwir in askios me if I received
an address to a person at Shefiield from Mr.
Hardy; it is trtie I received an address^ and a
meeting was to have taken place in Green-
Arbour-court ; I wish to let the jury know
that that meeting never did take place ; no
money was put down, and no letter was sent
to Sheffield.
Mr. Attorney General. — Uavina mentioned
this^ I would ask, had you any talk with Hil-
lier about the ale-house in Green- Arbour-
court? — On the day that Hardy was taken
into custody, Hillier and Goshng were at our
house.
When did you first see Hillier's pike f
Lord Chief Justice Dj^e.— This leads to a
cross-examination. A witness desires to ex*
plain a circumstance in his evidence ; I should
oe very unwilling to introduce a new exami-
nation.
Mr. Gumnv.^Does not your lordship think
it fit to inquire wlM>m he has talked to since
he was examined ?
Lord Chief Justice Eyre, — No ; I do not
think it necessary ; his explanation seems a
fair one, to prevent any misinterpretation of
his evidence.
Mr. Attorney General. — If a witness is to
come afterwards, in this way, to explain bis
evidence, his not stating this in his original
examination cuts out a great number of mate-
rial questions.
Lord Chief Justice Eyre.— I perfectly agree
with you ; this explanation oueht to be re-
ceived with abundant caution By the jvayt
and from another circumstalTce^ thA s«kV A
practice NTtbvft isaVsM^^^^bi «a»Sv*^
8751
35 GEORGE III.
Trial of Thomas Hardy
ing such accounts as his industry may collect
in court, is certainly a very inconvenient prac-
tice, because it may lead to conversations with
tritnesscs, and may induce these explanations.
The jury will understand that the explanation
is made in that situation of things, and they
will form their own judgment upon it. Yet
still, I think, it should rest witli the explanar
tion that the witness desires to oiTer.
Mr. WUliGm Lockhart, sworn. — Examined by
Mr. (Sorrow,
You are what they call sheriff Gierke's
depute, in the city of Edinburgh ? — Yes.
Did you go with Middlctou to the house of
Orrock P—No; to Watt's house.
Were you present at the finding of any
blades for pikes at Watt's house ? — Ves.
liow many did you find upon the first
search ? — Twelve.
Where were they? — In a locked up press
in his dining-room.
How soon did you renew your search? —
One happened between eight and nine o'clock,
4he^ other between twelve and one.
How many did you find at the second
search? — ^Two pike-heads.
Blades?— Yes; and two battle-axes, and a
pole.
Did you make any trial whether the blades
and the pole as you call it, would tit each
other?— Yes.
Where is the pole ?— It is here. [Tjic wit-
ness produced it.J
Where did you deposit the several things
that you found at Watt's house? — At Mr.
Sheriff Clerke's.
Were they locked up and deposited in his
care? — ^They were in this box. [producing it.]
James Cterkf esq., sworn. — Examined by
Mr. Cttrrou-.
1 believe you are sheriff of Edinburgh ? —
Yes.
Was that box, and the thing the witness
calls the pole, deposited in your care as she-
riff?— The pikes, he mentions, were depo-
sited in my care ; they were in a locked-up
place of mine fruui the time that they were
found till the trials at Kdiuhurgh ; when they
were ciirried do^ n to be shown at the trials,
they were cum mi tied to the witness, who was
to produce iheni.
Excc|>t then when they were delivered to
Lockhart, they have been constantly locked
up under your care ?— Yes, they have.
To Mr. Jjh'khurt. — Did you return these to
the slieriff, which you had from him, after the
Edinburali trials?— No; 1 have kept them in
my cu>iudy ever since.
And are those ihc same tlie sheriff delivered
to vou .' — 1 hey are.
To Mr. CVcrAc— Is Slock still living at
Edinburgh, or has he absconded? — We have
made every search possible to mpfnhaod hta,
tut without Miceess.
. JUr. Gamm to ^
[876
[Mr.
box, and take out some of those blades.
Lockhart opened the box.]
Is that what you call the battle-axe ?— It
is. [The witness screwed it on a shaft.]
Have you got any other sort of blades
there? — Yes. [The witness produced some
pike-blades, shaped like a bayonet, unscrewed
the battle-axe, and screwed on a pike in its
stead.]
Mr. Gflrrow.— You appeared to me, in
taking one of these blades out, to serew off
something— what is that? — When that is
screwed off, it is rendered fit to attach to the
pole; when that is on, it forms a handle; so
that it may be used without a pole.
Mr. Attorney Geiiera/.^Martin, in his
letter to Margarot, in Scotland, says. Gay
will tell you more than I dare mention. I
am going to read the account of Gay's being
admitted a member of the Constitutional So-
ciety ; he was proposed by Mr. Tooke, au.l
seconded by Mr. Bonncy.
[The entries wore read.]
" At a meeting of the Society for Consti-
tutional Information, held at the Crown ami
Anchor-tavern, Iriday, 15th March, 1793,
" PRESr.NT,
" Captain Tooke Ilarwood in the chair,
** ^Ir. Balmanno, Mr. Kydd, Mr. Tooke, Mr.
Martin, Mr. Fazackerly, count Zenobio, Mr.
Sharp, Mr. J. Willianis, Mr. Bonney, Mr.
Symonds, rev. Mr. Joyce, Mr. llolcrok^
Mr. Swainson, Mr. Banks, lord .Sempill,
Mr. Wills, Mr. Parkinson, Mr. Bailey, Mr.
Frost, Mr. G. Williams.
" Mr. Gay, of l>uke street, St. James*?,
was propof>cd hy Mr. Tooke, and sccoiuled by
Mr. Bonney."
" At a meeting of the Society for Con>litu-
tional Infurmation, held at the Crown aiul
Anchor- tavern. Strand, Friday, '2 2d March,
1793,
" PRESENT,
" Mr. Symmonds in the chair,
« Mr. Frost, Mr. Hull, count Zenobio, Mr.
Tooke, Mr. Wills, lord Scmpill, Mr. Bun-
ney, Mr. Kydd, Mr. Salchcll, Mr. J. Martin,
Mr. AuseU Mr. Ilulcroft, Mr. Balmanuo,
capt. T. Ilarwood, Mr. Parkinson, Mr. J.
Williams, Dr. Kentish, Mr. Margarot, Mr.
Hardy.
" Mr. Gay, Mr. Pcllalt, and Mr. Thomas
Fosbctt, were elccteil menjl»cr>.*'
Lord Chief Justice Eyre. — Does it appear
that the Gay, who was in prison, is the Gay
of Duke-street?
]\lr. Attorney GencraL—CtiW Mr. Tourll
and Mr. Evans.
Alexander Ci-anl called again.
Mr. AUmrm^ Ge«era2.^Do you know
"^■Witiiig thai paper is?— I do ooU
87T]
for High Treason.
A. D. ITOk
[879
Eran Evans again called.
Mr. Attorney General. — You mentioned a
person of the name of Gay, who was in the
KingVbench prison? — Yes.
Do you know where he lived before he
went into the King*s-bench prison? — ^I do
not. I think I should know if I heard it
mentioned, because I have heard it men-
tioned !^pvcral times.
Was it Duke-street ? — I believe it was near
St. Ji lues's; he used to be with Martin every
day.
i\ir. Attorney General. — ^My Lord, I have
r. *v linishcd the evidence on the pairt of the
I rosccution.
Defence.
The Honourable Thomat Er«fcmtf.*— Gen-
tlemen of the Jury ;— Before I proceed to the
performance of the momentous duty which is
at length cast upon me, I desire in the first
place to return my thanks to the Judges, for
the indulgence I have received in the opportu-
Dity of addressing you at this later period of
the day, than the ordinary sitting of tne Court;
when I have had the retrcshment which na-
ture but too much required, and a few hours
retirement, to arrange a little in my mind that
immense matter, the result of which I must
now endeavour to lay before you.—'I have to
th'Mik you also, Gentlemen, for the very con-
descending and obliging manner in which you
10 readily consented to tnis accommodation : —
the Court could only speak for itself, referring
me to you, whose rest and comforts had been
80 long mtemi]>ted. I shall always remember
your kindness.
Before I advance to the regular considera-
tion of thin great cause, cither as it regards the
evidence or the law, I wish first to put aside
all that I find in the speech of my learned
friend, the attorney-general, which is either
collateral tu the merits, or in which I can
agree with him. — First then, in the name op
THE prison LR, aud speaking hU sentiments,
which are well known to be my own also, I
concur in the ciilo|*iuni which ^[ou have heard
upon the constitution of our wise forefathers.
^Biit before this eulogium can have any just
or useful application, we ought to reflect upon
what it i$ which entitles this Constitution totlie
praise so juslly Ijestowcd upon it. To sav
nothins; at present of its most csbcntial excel-
lence, or rather the very soul of it, vi/.. the
sliarc the people ought to have in their go-
vernment, by a pure representation, for tne
•teertioD of which the Prisoner stands ar-
nigned asu tmitor before you, — vkat is it that
• I have been indulged by Mr. Rogers, the
celebrated author of the Pleasures of Memory
and other poems, with Mr. Home Tooke's
eopy of Hardy's trial, where I find in Mr.
Xmke'ii hand-writing at the end of this argu-
mit, the following remarkable uolc : ** Tuts
flTEICtt WILL LIVE roil EVEU.**
clistinjFuishes the government of England
from the most despotic monarchies ? What —
but the security which the subject enjoys in a
trial and judgment l^y his equals; rendered
doubly secure as Ix'inj.r part of a system of law
which no expcdienry ran warp, and which no
power can abuse with inrpunity ?
To the Attorney General's second prelimi^
nary observation, I equally agree. — I anxi-
ously wish with him tliat you shall bear in
n^^mory the anarchy which is desolating
1 ance.— Before I sit down, I may perhaps,
in MY turn, have occasion to reflect a little
upon its probable causes ; but waiting a sea-
son for such reflections, let us first consider
lehat the evil is which has been so feelingly
lamented, as having fallen on that unhappy
country. — It is, that under the dominion or a
barbarous state necessity, every protection of
law is abrogated and destroyed ; — it is, that
no man can say, under such a system of alarm
and terror, that his life, his liberty, his repu-
tation, or any one human blessing, is secure
to him for a moment : it is, that, if accused
of federalism, or moderatism, or incivism, or
of whatever else the changing fashions and
factions of tlie day shall nave liAed up into
high treason ajspinst the State, he must see
h'ls friends, his nimily, and the light of heaven,
no more :— the accusation and the sentence
being the same : following one another as the
thunder pursues the flash. Such has been the
state of England, — such is the state of France :
and how then, since they are introduced to
you for application, oiieht thev in reason and
sobriety to be applied? If this prosecution
has been commenced (as is asserted) to avert
from Great Britsun the calamities incident to
civil confusion, leading in its issues to the de-
plorable condition of France ; I call upon you,
^ntlcmen, to avert such caJamity from fall-
mg upon my client, and through his side upon
yourselves and upon our country. — Let not
him suffer under vague expositions of tyran-
nical laws, more tyrannically executed. — Let
not Aim be hurrie<l away to pre-doomed exe-
cution, from an honest enthusiasm for the
public safety.^ I ask for him a trial by this
applauded consUtution of our country : — I call
upon you to administer the law to him, ac-
cording to our own wholesome institutions,
by its strict and rigid letter. However you
may eventually disapprove of any part of his
conduct, or viewing it through a false medium,
may think it even wicked, 1 claim for him, as
a subject of England, that the law shall decide
upon its criminal denomination: — I protest,
in his name, against all appeals to speculations
concerning consequence*, when the law com*
mands us to look only to intentions.— If the
state be threatened with evils, let parliament
administer a nrospfrf ire remedy, but let the
prisoner hold his life under the law.
Gentlemim, I ask this solemnly of the
Court, whose Justice I am persuaded ^VSV^^-
ford it to mc ', I ^?kVL\Xtww^ fe\«^t«8ft«fi^ ^
ymif (he jury, nnVvo 'a\c waaR^>4\«^=^^»»^^
I
879]
35 GEORGE III.
to make a true deliverance of your country-
maD, from this charee: — but lastly^ and
chiefly, I implore it or him in whose hands
are all the issues of life ; whose humane and
merciful eye expands itself over all the trans-
actions of mankind ; at whose command na-
tions rise, and fall, and are regenerated ; with-
out whom not a sparrow falleth to the ground ;
— I implore it ot\God himself^ that He will
fill your minds with the spirit of justice and
of truth ; so that you may be able to find vour
way through the labyrinth of matter laid be-
fore you, a labyrinth in which no man's life
was ever before involved, in the annals of
British trial, nor indee<l in the whole history
of human justice or injustice.
Gentlemen, the first tiling in order, is to
look at the indictment itself; of the whole of
which, or of some integral part^ tlie prisoner
must be found guilty, or be wholly discharged
from guilt
. The indictment charges that the prisoners
did maliciously and traitorously conspire,
compass, and imagine, to bring and put uur
lord the king to death ; and that to fulfil, per-
fect and bnng to efiect, their most evil and
wicked purpose (that it to say^ of bringing and
putting the king to death), " they met, con-
spired, consulted, and agreed amongst them-
selves, and other false traitors unknown, to
cause and prfKrure a convention to be assem-
bled within the kingdom, WHH INTENT—''.
(lam reading the very words of the indict-
jfketitf which I entreat you to follow in the
notes you have been taking with such honest
perseverance)—" WITH INTENT, AND IN
ORDER that the persons so assembled at
such convention, should and mieht traitor-
ously, and in defiance of the autnority, and |
aaainst the will of Parliament, subvert and i
after, and cause to be subverted and altered,
the legislature, rule, and government of the j
country, and to depose the king from the .
royal state, title, fx>wer, and government
thereof." This is the first and great lead- \
ing overt act in the indictment; and you '
observe that it is not charged as being trea- :
son SUBSTANTIVELY AKD IN ITStLl'; but Only ■
as it is committed in pursuance of the trea-
son against the king's pers<»n, antecedently
imputed;— for the charge is not, that the .
prisoners conspired to assemble a convcn- '
tion to DEPOSE the kin^, but that they
conspired and compassed his death; and
that, in order to accomplish that wicked and
detestable purpose, ». f . in order to fulfil the .
traitorous intention of the mind against his i ipe,
they consfHred to assemble a convention, with
a view to depose him. The same observation •
applies alike to all the other counts or overt
acts upon the record, which manifestly indcM^
le«9 vpon tlie estabtishment of the finl te ,
their supfXHrt; because tlM7.>>i««M «
IkaiioB of difimut — '^- —
of amSy Mffflt
Trial of Thomas Hardy [880
hied: but above all, and which must never be
forgotten, Itecause they also uniformly chajge
these difierent acts as committed in fulfilment
of the same traitorous purpose, to beihs thi
KING TO DEATH. You will therefore have
three distinct matters for consideration, upon
this trial: First, What share (if any) the pfi*
soner had, in concert with others, m asses*
blin^ any convention or meeting of subjects
M'ithm this kingdom : — Secondly, What weit
the acts to be £>ne by thia convention, wfan.
assembled: — andThirdly, What was the view,
pur|>oseyand intention of those who project*
ed its existence. This third consideration*
indeed, comprehends, or rather precedes uid
swallows up the other two ; because, before it
can be material to decide upon the views of
the convention, as pointed to the subversion
ofthe rule and order of the kinf:*8 political
authority (even if such views could be ascrib-
ed to it, and brought home even personally to
the prisoner), we shall have to examine whe*
tlier that criminal conspiracy against the esta-
blished order of tlie commtmityt was hatched
and engendered by a wicked contemplation
to destroy the natural life and person of the
king, and whether the acts charged and
eslablislied by the evidence, were done m
pursuance and in fulfilment ofthe same trmtor^
€us purpose.
Gentlemen, this view of the subject is not
only correct, but self evident.— The subver-
siou of the King's political government, and
all conspiracies to subvert it, are crimes of
great magnitude and enurmity, which the
taw is open to punish ; but neither of them are
the crimts before you.-^The prisoner is kot
charged with a conspiracy aj^ainst the King's
POLITICAL COVERNMEXT, but HgaiUSt his XA-
TUUAL i.iFn. lie is not accused of having
merely taken steps to depose him from hisau-
Uiority, but with having clone <o uiththeinienr-
tion to bring him to death.— 1 1 is the act with
the specific intention, and not the act alone,
which constitutes the charu'c. — The act of
conspiring to depose the King, may indeed be
evidence, according to circuin>tances, of an
intention to destroy his natural existence,
but never, as a proposition of law, can consti-
tute tlie intention itself. — Where an act is
done in pursiuince of an intention, surely the
intention must first exist ; a man cannot do a
thing in fulfilment of an intention, unless his
mind first conceives that intention.— The
doing an act, or the pursuit of a \vstcm of
conduct which leads in probable con>oquence9
to the death ofthe Kin^, may legally (if any
such be before you) afreet the consKleratioii
of the traitorous purpose chargeil by the rs-
cordy and I am not afraid of trusting ^"ou with
the evidence. — k low far any civen act, or
M of actinc, independent! v of intentioii,
kid probebly or inevitably to any ne-
*-Vtkal coBseoueneey is what iw
■nehli: these maybecorioas
" • but ft ii
881]
Jin High Treason^
quences unconnected even with intention or
consciousness, shall be synonymous in law
with the traitorous mind ; although the trai-
torous mind alone is arraigned, as constitut-
ing the crime.
Gentlemen J the first question consequently
for consideration, and to which I must there-
fore earnestly implore the attention of the
Court, is this: — What is the law upon
THIS momentous suBjf.cT P — And recollect-
ing that 1 am invested with no authority, I
shall not presume to offer you any thing of
mvown; — nothing shall proceed from my-
self upon this part of the inquiry, but that
which is merely introductory, and necessary
to the understanding of the authorities on
which I mean to rely for the establishment
of doctrines, not less essential to the general
liberties of England, than to the particular
consideration which constitutes our present
duty.
First then, I maintain that that branch of
the statute ^.5th of Edward 3rd, which
declares it to be high treason ** when a man
doth compatt or imagine the death of the Kingf
of hiM tad^ the Quttn, or of hit elJea $oh and
Keir" was intended to guard by a higher sanc-
tion than felony, the natural lives of the
King, Queen, and Prince ; and that no act,
therefore (cither inchoate or consummate),
of remittance to, or rebellion against^ the King*»
regal capacity, amoimts to high trcawn of
compauing hit death, unlc:>s where they can
be charged u|>on the indictment, and proved
to the satisfaction of the Jury at the trial, as
overt acts, committed by the prisoner, in/ul-
filment of a traitcrou* intention to deUroy the
King^t hAlVViW. LIFT..
Secondly, that the compassing the King's
death, or, in other wonls, the traitorous in-
. icntion to destroy his natural existence, is the
treason, and nut the overt acts, which arc
only laid as manifestations of the traitorous
intention, or, in other wunls, as i.vidf.nce
competent to he left to a Jury to prove it ;
and tliat no cunspimcy to Icv^ war against
the Kini^, nor any conspiracy against his rcf^al
character or capucitif, is a good overt act of
compassing hit dtath, unless some force be
exerted, or in contemplation against iiik
KiMo'b PERSON : and that such force so exerted
or in contemplation, is not substantively the
treabon of compassing, but only competent in
point of law to establish it, if the Jury, b^ the
verdict of (juilty, draw that conclusion of fact
from the evidence of the overt iict.
Thirdly, that the charge in the luilictmcnt,
of compassing; tlic King's death, is not laid as
X inducement or introduction, to follow as
il inference from the establishment of
the overt act, but is laid as an averment of a
^ FACT ; and, as such, the very gist of the In-
' dictmeut, to be affirmed or negatived by the
WPdict of Guilty or Not Guilty. It will not
.(Jifm persuaded) be suspected by the Attor-
Mf-General, or by the Court, that I am about
4lt|,iHpport these doctrines by opposing my
VQm AAiVa
A. D. I'm.
own iudgroent to the authoritative writings
of the venerable and excellent lord IIa£,
whose memory will live in this country, and
throughout the enlightened world, as lon^ as
the administration of pure justice shall exist :
neither do I wish to oppose any thing which
is to be found in the other learned authori-
ties principally relied upon by the Crown, be-
cause all my positions arc perfectly consistent
with a right interpretation of them ; and be-
cause, even were it otherwise, I coulil not ex-
pect successfully to oppose Uiem by any rea-
sonings of my own, which can have Dp
weight, but as they shall be found at once
consistent with acknowledged authorities, uid
with the established principles of the English
Jaw.— I can do this with the greater security,
because my res|)ectable and learned friend,
the Attorney General, has not cited cases
which have been the disgrace of this country
in former times, nor ask^ vou to sanction bv
your judgment those bloody murders, whicn
are reconied by them as acts of English jus-
tice ; but, as might be expected of an honour-
able man, his exfiositions of the law (though
I think them frequently erroneous) are drawn
from the same sources, to which I look up for
doctrines so very dificrcnt. — I find, imieed,
throughout the whole range of authorities (£
mean those which the attorney-general hat pro^
perly considered at deserving that name and
character) very little contradiction ; for, as
far as 1 can discover, much more entangle-
nicnt has arisen from now and then a trip-
fiing in the expression, than from any dif-
ference of sentiment amongst eminent and
virtuous judges, who have cither examined,
or sat in judgment upon this momentous sub-
ject.
(fcntlemen, liefore I pursue the course
1 have prescribed to myself, I desire ipost
distinctly to be understood, that in my own
opinion the must successful argument, that a
conspiracy to depose the king does not ne-
cessarily establish the treason charged upon
this record, i> totally WESirr. any possible
JUDGMLNT that YOU CAN HAVE TO I'ORM
UPON THE EVIDENCE BEFORE YOl' ; siuCC
throughout the whole volumes that have been
read, [ can trace nothing that even p()ints to
the imagination of such a cunspiriicy ; and
consequently the doctrines of Coke, Hale,
and I- osier,' on the subject of high treason,
might equally be deliuled in any other trial
that has ever been ]»rocecded u|hjii in tliis
place. Hut, Gcnllemen, I stand in a fearful
and delicjilc sitiulioii.— As a supposed attack
upon the kini;S civil authority has been
transmuted, l»y cjinstrutlioii, into a mnnleroiis
conspiracy air;iini>t his natural person ; in tlic
same ninnnor, and by the «iame arL;uincnts, a
roiippirary t<» overturn that civil authority,
by direct force, has ai^ain been assimilated,
hyjarlhvr con>iimthul to a design to under-
mine monarchy by changes wrought throti|;h
public opinion, cnlargjuig ^i^NrnVj vB\tt>asa'-
vcrsal vriVl -, «o X\v&\.\ caxL ai^xcaX. ttf> Sa^sft ^^
3 L
883]
35 GEORGE lU.
Trial of Thomat Hardy
[SM
position, however wide I may think it of ra-
•tional application. — For as there is a con-
structive COMPASSING, so also thcrc is a
CONSTRUCTIVE DEPOSING ; and I cannot, there-
fore, possibly know what either of them is
separately, nor how the one may be argued to
involve the other. — ^I'here are, besides, many
prisoners, whose cases are behind, and whose
lives may be involved in your present delibe-
ration ; their names have been already stig-
matized, and their conduct arraigned in the
evidence you have heard, as apart of the con-
miraci/. — it is these considerations which
wvc me into so lar^e a field of argument,
because, by sufficiently ascertaining the law
in the outset, they who are yet looxing up to
it for protection, may not be brought into
peril.
Gentlemen, I now proceed to establish,
that a compassing of tne death of the kine,
within the twenty -fifth of Edward the third,
vhich ii ike charge against the prisoner^ con-
lists in a tnutorous intention against his
VATURAL life; and that nothing short of
your firm belief of that detestable intention,
from overt acts which you find him to have
committed, can justify his conviction. That
I may keep my word with you in building my
argument upon nothing of my own, I hope
my friend Mr. Gibbs wilf have the goodness
to call me back, if he finds me wanderine
from my engagement ; that 1 mav proceed
step by step upon the most venerable and ac-
iuiowled^ed authorities of the law.
In this process I shall begin with lord
Hale, who opens this inn>ortant subject by
stating the reason of pa«5sing the statute of the
twenty-fifth of Kdward the third, on which
the indictment is founded. — Lord Hale says,
in his Pleas of the Crown, vol. i. page 02,
that " at common law there rras a great latitude
used in raiting offences to the criwc and punish*
menl of treason^ by Kay of interpretation and
arbitrary constim.ction, which brought in
great uncertainty and confusion. Thus ac-
croaching, i. e. INCllOACUING ON IIOVAL POWER
teas an usual charge of' treason anciently^ though
a very uncertain charge ; so that no man could
tell what it teas, or uhat dtftncc to make to it^
Lonl Hale then goes on' to ^tatc various in-
stances of vexation and cruelly, and concludes
with this striking observation : " by these and
the like instances that might be given, it appears
kine ARBITRARY AND UNCEllTAIS the luw of
treason zcas before the statute of'ibth of Edward
the IJIrdf whereby it came to pass that almost
every offence that was, or seemed to be, a breach
^' the faith and allegiance due to the king, was
by coNSTKiJCTiOK, conseqvencc, and inter-
pretation, raised into the offvnce of high
treason'* This is the lamentation of the great
Uale upon the state of this country previous
to the passing of the statute, which, lie says,
was passed as a remedial law, to put an end
to thero ; and lord Coke, considering it in the
■ame light, says, in his third Institute, page
Mud, ^iAepsriidmentwhLkpwedihiittatvU
wa$ called (at it well daerved) parliamenhtm
benedictum ; and the like honour was given
to it by the different statutes which from time
to time brought back treasons to its standard,
all agreeing in magnifying and estplling tkh
blessed Act.** — Now this statute, which has
obtained the pancg^'ric of these great men,
whom the Chief Justice in his Charge looked
up to for light and for example, and whom
the Attorney General takes also for his guide,
would very little have deserved the high
eulogium bestowed upon it, if, though avow-
edly passed to destroy uncertainty in criminal
justice, and to beat down the arbitrary con-
structions of Judges, lamented by Hale, asdis*
figuring and dishonouring the law, it had, ne-
vertheless, been so worded as to give birth to
new constructions and Uncerialutiesj-nwtcad
of destroyins; the old ones. — It would bat ill
have entitled itself to the denomination of a
blessed statute, if it had not, in its enactiic
letter, which professed to remove doubts, 'and
to ascertain the law, made use of expressims
the best known and understood; and it will
be found accordingly, that it cautiously did so.
It will be found, that, in selecting the expres-
sion of COMPASSING THE DEATH, it cmploycd a
term of the most fixed and appropriate signifi-
cation in the language of English law, which
not only no judge or counsel, but which no
attorney or attorney's clerk, could misunder-
stand; because in former aees, before ^e
statute, compassing the death of any mav
had been a felony, and what had amounted to
such compassing, had been settled in a thousand
instances. To establish this, and to shoir
also, by no reasoning of mine, that tlic term
" compassing the death" was intended by the
statute, when applied to the King, as high
treason, to liave the same signification as it
had obtained in the law when applied to the
subject as a felony, I shall refer to Mr. Justice
Foster, and even to a nassase cited by the
Attorney General himself, which speaks so
unequivocally and unanswerably for itself, as
to mock all commentary. — " 2'hc ancient
writers,** says Foster, •* in treating offeloniom
homicide, considered the felonious intention
manifested by plain facts, in the same light, in
point of guilt, as homicide itself, — The rule rdt,
voluntas IIFPUTATLR. PRO FACTO; OndwhUc
this rule prerai/cd, the nature of the offence wef
expressed by the term compassing the death.
'This rule has been Jong laid aside as too rigortmi
in the case of common persons ; but in the case rf
the Kiyc, 'QrFix, «;i(f Princf, the statute!^
treasons has, ir it h great propriety, RFTAiVEDtf
in its full erlent and t^igour ; and in detcribing
theoffence, has likewise RETAI\ED«r«irtt«rf
mode ofexpremon, nhen a man doth eompaner
imagine the death of our lord the king^ f^^md
thereof be upon nifficient proof,' janmu^
attainted of open deed^ /^ pttmt* mfhim d
the wordMt^'tkBsieitvd^dmt^
mifif, TBEaEEO-* ^
801} jfbf Higk Treoion*
mau and knisinc the kinji't deMih : and then go [
on
r
HIV
lit
I
view {i
ill I
tf>
©h' - .-..^...
V II of UlC i
to rt!su} t !
r cing Ibc t
&l^ule i Uic couiiuon law .
sidefed, evrn in the rn^e >
lent tij
St.,
to . ,
common law, as
find the
r morinl
tent:*
.It first
- elected
\\\ that
1 of the
: exccu-
iierilioti
V iji the
I .NT low,
prescr-
i— Ith
Hlitrv t>f
c orthc
i«lv con-
-sulijrcl,
Nf»irit gl
ill of
of
. r,l
' i-
, loo rJ^i>rous
I 1 1 III r iA trca-
dcuLb of a &ub-
lyroadc
1 define
n of the
i^ homi-
: |juciiri«>ii j'H" inc
1 his sacnd hie),
•thK ibeie fore,
12 to RtT4JN
11. U appenii to \uv, Ihcrc-
';lilc. nut ciiilv liv ihr wonl^
ipa^ing the
' Hi
^1
A. D. 179^.
that* wtthin the letter aad raeanlDi^ of th
i.U would not, X\
ct; for <ji r,
.^1 beseeo, aiL .. _.. .,,-/
the fctalutL' ncf4n i inw, uud th
appropriate woTd to ' ^ i; fonfitwea
uEVono TT» it woiikl, im ibc cnnlmry» hav
been n ?ctw nilr tinlcnnwri to the contma
law. '
vatiu.. . ^ ,,,,,. . <ti ,
IcgibUtuK vcuuitit: :sulIi a imIc^ bu|
we are in i^^ what it //uif /iMmvt^ en
(ult'd, but ^vhii 1 1 / ' " ' it!
to ask fiardou fur yj
'"' '""" ' t of nij? own U|»uii lliiri i^imjet t, wut-fl
I tics urc more express to the p\i|^
i-^> - ' '-- - 1 '■'- '-^: lor Mr
Ju*>li J>iscour
Ist^ CI li,^,. i . . . , ^/ fA(? ii)Of'^
fie^cnpdvc tif t , vi^t. • i/ a man dijt\
' eitmpau vr im*i:[ thereof be alttitntedt
* o/)<:m c/<'iV/|* arc />/«#«/// iMrntwed from in
common Ittw^ und therefore muU bear the 3aM€
coiutriutioji thfif did at common lauh*^ — Is this
dinmct? — I will re.id it to you ugain : " all
tlt£ ivordi dcurtptn*' of the iijfenci\ viz, ' f/^<*
* man doth tcftipatu ur imngiutt ttnd thereof i^
*■ tiltaiated of open deal^ w^c pUtinl^ ttorrtmcd
from Ike common iaw^ and (here fore mud hea^
fhr '-\^u- const ruciiua ihcy did at coimwm law,*
('I iilijiien, Mr. Jus»ticc Fobttr is by in
nic.iit^ lingular in l)iis due trine. —Lord Coko
the onicle of the law, and the best ordcle ou
can consult, when slanding for a prisoner"
charged with trcaM)n, as he was the highest
prerogative lawyer that ever existed, tmiintains
the s^inie doctrine — even He, even Coke, th«
infamous proseculor of Raleigh * whose cba^
racter with posterity ,aH an alto r 1 1 , mj
worthy and honourable fnpud. lin 1
hold» to be iiuLlior of all his v^kiabli: worksj
y<.i even this very lord Coke himself, hold
[Mcci>vely the same language with Fosler.-
I'or, in nis comraenlary on this sLtlute, in hii
third Institute, p. 6, when lie comes lo IIm
word, " ooTU toiiHA&s," he says, ♦* Let us
first what the contpassing the death of a sli
jicf was before the making of this slututi
when voluntas reputaVmtur pro fw-to.**— Noi
what IS the plain English of this?^^Thc con
iiKiilalur s:iys, I am /i/mL' t" mstrnct _yc»u, th
vho are V^ '^ rnc the law of
what is ii t m:; of the death
ui the KiJio; but that I ii^ouol do, but by first
<^tirninir you lo look into what wus the com-
V the death of a suwkct at the an
I non law* brrauae the statute hav
ju^ uKi'le u r Ui'd to ill
Kixc» I he criii which,
, ;, ..:,, :. . n .--• nf ;l ^n
r,.|';,!r h. .,1- l.i . i - ' , with
• Se« »r Walter lUlci'^lC^ esist 'm>ad>^05i^
8S7]
35 GEORGE III.
trate the otbeh. — ^This is so directly the train
of lord Coke's reasoning, that in his own sin-
gularly iTccise style of commentating, he im-
mediately lays before his reader a variety of
instances trom the ancient records and year-
books, oi compassing the subject's death ;
tod what are tney f — Not acts wholly colla-
teral to attacks upon lile, dogmatically laid
down hy the law from speculations upon pro-
bable or possible consequences; but assaults
WITH INTENT TO MURDER; — conspiracies to
waykiy the person with the same intention ;
and other murderous roachinations.— These
were the only compassings before the statute,
a^inst the subject's life ; and the extension
ot the expression was never heanl uf in the
]aw till introduced by the craft of f>olitical
judges, when it became applicable to crimes
aganibt the State. — Here again I desire to
appeal to the highest authorities for this
source of constructive treasons; for although
the statute of Edward linl had expressly di-
rected that nothini; should be declared tu be
treason but cases within its enacting letter,
yet lord Hale says, in his Picas of the Crown,
page 83, that '♦ thingi were w carried by par-
ties flwd FACTION*?, I II the succeeding reign of
Jiic/iaid *^nd, ihut this Uutute was htit littte
observed, but ut this or that party got the better.
— iSo the crime of high treason was in a manner
arbitrarily imposed and adjudged, to the disad-
raniafjie of the party that was to be judged;
which, by various vicissitudes and revolutions,
misehicfed all parties Jirst and last, and left a
great unsettfednrss arid unquietness in the minds
rf the people, and was one of the occasions if the
unhuppincss of that King,
*< All this mischief was produced by the sta-
tute of the 21st of Kichard 2nd, which enacted.
That every man that compasscth or pursueth the
death of the King, or to di.pose him, or to
RENDER UP HIS HOMAGE MFOF, Or he that
raiseth people, and riddh against the King, to
fnake war within his realm, and of that be uily
attainted and adjudged, shall be adjudged a
traitor, of high treason against the crown.
** This,** says lord Hau*, " was a gnat snare
to the subject, insomuch that the statute \st of
Henry 4th, which repealed if, recited that no
man knew how he ought to bch are himself, to do,
tpeak, or say, for dtnibt of such pains of trea-
son : and therefore, wholly to remove the preju-
dice, which might come to the king** subjects, the
statute 1st of Henry 4th chap, 10, was wade
WHICH IIKOUOIIT BACK TREASON TO THE STAN-
DARD cip THE 25Tn OF Edward Sp.d."
Now if wc look to this statute of Richard
2nrl, which pnxluced such mischiefs — what
are llicy ? — As far as it rc-cnactcd the treason
of compassing the King's death, and Icvyinp:
war, it only rc-ciiacted the slJitutc of Edward
3rd, but it went beyond it by the loose con-
struction of comjmssing to depose the King,
and raising the people, and riding to make
war, or a compassing to depose him, terms
^Ew to tue common law. The actual levying
^J'orce, to imprison or depau the King, vos at-
Trial of Thomas Hardy [888
' ready and properly high treason, within the
j second branch of the statute; but this statute
> of Richard Snd enlarged only the crime of
; compassing, making it extend to a compassing
' to imprison or depose, which are the great
objects of an actual levying of war, and. mak-
ing a compassing to levy war, on a footing
wilh the actual levying it.— It seems, ]httt-
fbre most astonishing, that any judge cooM
be supposed to have decided, as an ahttmet
rule of law, that a compassing to im'prison or
I depose the king was high treason, svasxair-
! TIVELY, WITHOUT PREVIOUS COMPASSING OF
' HIS DEATH : since it was made so by this ila-
I tute, S Ist of Richard «nd, and reprobated, lti|-
- matized, and repeated by the statute M of
Henrv 4th, chap. 10. " Jnd so Utile eg^
I says Mr. Justice Blackstone, *' have ater'tio-
' lent laws to prevent any crime, that within two
years after this new law of treason respecting
imprisonment and deposing, this very prince uss
' both deposed and murdered.'*
Gentlemen, this distinction, made by the
I humane statute of Edward 3rd, between trei-
I son against the king's natural life, and rebel-
lion ajgainst his civil authority, and which the
act ofllichard ind, for a season, broke down^
is founded in wise and sound polky.-^A suc-
cessful attack may be made upon the kiosks
person hy the malignity of an individual, wiUi»
out the combination of extended 'eon'aptracy, •
or the exertions of rebellious fbrccf ; the law
therefore justly stands upon the watch to
cnish the first overt manifestation of so evil
and detestable a purpose. — Considexiii!; the
life of the chref magistrate as infinitely im-
portant to the putilic security, it does not wait
for the possible consummation of a crime,
which requires neitlier time, combination, nor
force to accomplish, but considers the traitor-
ous purpose as a consummated treason : but
the wise and humane policy of our forefathers
extended the severity of the rule, roluntaspro
facto, no fiirllicr than they were thus impelled
and Justitied by the necessity; and tliereforc
071 intention to levy war and rcbollicm, net
consummated, however manifested hy the ntost
overt acts of conspiracy, was not declared to
be treason, and upon the plainest principle in
tlie world ; the king's rkgal capacity, giianled
hy all the force and authority ofUie stale,
could not like his NArrRAi- existence, be
overthrown or endangered in a moment, by
the first machinations of the traitorous mind
of an individual, or even by the unarmed con-
spiracy of numbers ; and therefore this hu-
mane and exalted institution, measuring the
sanctions of criminal justice by the standard
of civil neccssitv, thought it sufbcient to
srour«;c and dissipate unarmed conspiratofS
by a less vindictive proceeding.
These new treasons were, hpiw*'"^ ^
length all happily Bwept •vmw- r^
sion of king Heniy 4tkj^
law back to Uw ■^
indeed, in i*»*-
\
i As
Jbr High Tnasan.
Ihe snme t ; jng lt> obsf n'^,
l.v wIkw II ri i-nre of pir-
r tice of ift
1^ 1 ■■■.,:-_ ■ , ,iit'» uf oiir
i ve been esUihlbhcd, — Amidst the
t , iiriMHi^ (rom the matklcst ftmbi-
I riii whilil ihe slata wiis
ri ^ from il5 jjoiscj on one
side, Miii oa ilic other, the grtal rights of
ntankind were still insensiblv taking root and
Iteujishing; — il monarchv
lhitalei>ed to , though
aHslocmc^ occa^ion.^ji} uiiicnnmcd them,
mnd democracy, m her turn, rashly tramptefi
on lhem» yet they have ever come safely
rmmd vl\ Vaui, — This awful and sublime eon-
tvn^f lation should teach u3 to bear with one
another when our opinions do not quite coin-
title : cxtr;i( tiiiff final harmony from the iue-
^ OS which ever did, and ever
i i npt men.
'• I. HI I, en, the act of Henry 4th was
ft<ajiciv made when it shared the same fate
wtlh the ^^nemblc law which it restored.*—
Kobody reprded it.— It was borne down by
fsetions^ 8nd> m tho^ie days« there were no
jud|;«^, as there arc now, to hold firm the ba-
lit imidst the !>lorms of state ;^-
II Uicn, as the prisoner can to-
< [> lur protection to majjistrates in-
<1 (jf ihc crr^wn, and awfullyaccounl-
. .i.uaf:ter lo ; V ■ •''• 'htpned world. —
As fast a»arbitfai> lis were abo
limbed ly tme ataititc, ^. ........1 pled judges be-
u to bitiid them tjp again, till tncy were
lit down by unolher: to recount their
•trangc iitusuns would be lircsomo and dis-
jilting, hilt their system of construction, in
llie iceth ofpo&itivc law, may be well illus-
trati^d by two lines from Pope .
** Dr»troy his fib and sophistry, in vain,
*' The creature's, at his uirty work again/'
Thk system, both juditiat and parliament
tiiry^ became indeed so i l^ ' Vff, in the
interval hclween the n i^nry 4lh»
and Ihjilon^hihp ;ind Mutj*, v^ ii jt produced^
in iht! firri year of the latter reigtj, tht.' most
laud.
UIXjIl : ; , ^ I,
\ I the records
< N-iTat'tTioNa of
J ,-; :r:s, and liuuliug tJium, m all timeA, to
^ :^ IV I KTIKK of the slatnie. i will rtud to
' ' ' ' ^ ''s commentary upon the sub-
1 third Institute, page ^3, he
the mi tf the 55fA pf Kdward
trtuumn Had betn rtntdf and
and rtptal nll^ but onltf ^mh «i an tpteified
and €Jtpriikid iw
iit\
. ^ti.
fi,U ,>t' V. iu.fr 4
:ird. Btf
Trflicfk
',
' 'ir
KiftL* nml
i>r uu- ■
: :_L'H
of>-
iiifftrttntii^
pnn
.„ tl^.uf nihil
relictuni
:!,
indepffl t
j-t.
of <.
,s.
of J . .
n(
the i^uiuU
.-^■ihe
stai
\
■ U
and wa^ restored
in 1
t^.
, that \vri
'-. ,
lase
judg*
'Ff «-
^LMJ'? lt\ '
lu III- ].i^v, fiiey
were to :
with their duty.
to go on I
J..vwi.^
to impute a folly
to the l(?cislature, which never yet wan im-
piilcd to lT»e framers of this admirable statute.
But this absurd idea is expre^jjly excluded,
Tiiti merelv by the statote^ accnrdini; to itf
plain hu m, but a
direci am . lord Cok
commeutaiy upon it. F_i i;
*• Tkt'O (hingt are to be ob-* r^
tpord K%i*aaMFDt in t/i<
elude* all tmpuc4TIOn>
jucgft, .
such at '
and dirext ;
fo the
in hi^r
' ^ on lo say,
f*rsi, that the
WIIAT-
Utrnn'f attiiindtr^
'ofi^ or opinion ff
*aton^ other than
ireised tn the Ha*
i,.„ ..^c., .,,1 io be foilomtd or
tfttmplt — Vvr (he wardt be plain
thiU from henceforth no nct^ detd^
yfy to 9brAgnt€
or offence ihnll be token, Had^ detmrd or ad
judi^cd to be hifih treutott, htt tmltf iuch as ar€
declared nnd rtprtiud in the taid nrt «/ the
45/ A of BdaHitd Srd^ anjf act of purimment &r
statute nfier «5/A of Edward 3V</, vr ttnif other
declaration or matter ^ to the contrary notmth'
Hnndtng*'
Getillcmen, if the letter of the statute of
Mary, when coupled with lord Coke's com-
mentary, required farther tllu>»lrHtion, it would
amply receive it from the pm amble, whieh
ought to he engraved on the heart of every
man who love^ the king, or who is called to
any share in liis councils ; (or, a!i lord Coke
.,yw.rt..v iti Ihe same eouirnentary * it truly
I hat ** the t^tate of a kiftg utandeth and
'i more aiutured fry f Ae hve and favour of
the mtfjects lomardM theh Sovereign^ thttn iu the
dread and fear* of tows^ umde with rigoroui
and ejtreme punishment ; and that lums^jttstlf
made for the prtMerVfttion iff thu rommoa m€a\
without ertreme jiunUhmeni or penalty^ ar6^
more tdien and for the mo*t part better kept
nnd aheyrd, than laws and ttatufrs tmtde wM
extretnt punuhment"
Bul» c *' " ' Miorlantpart
of lord ' l^ •statute U
yet l>ehtii'j. ^'iJMi.n i "■ r«ad to
you, attd to which 1 moul
fM*.»— t ..tt/..*»ii.n hi, ^ ;Hj#you
^Ucae inoo-
. .=. - ^ - 4^*fci^T»^
I of hi^tv \TO«ttii^ uv^t^ «tVtenKfe t«\ «w^
JM^
891]
d5 6B0RGE III.
Trial of Thomas Hardy
\m
wholly repugnant to this partiailar statute, I
but such as never yet was heard of in Eneland I
upon any capital trial:— Evro en ce which,
even with all the attention you have given to
it, I dety any one of you, at this moment, to
say of what it cousists;— evidence, which
(since it must be called by that name) I
tremble for my boldness in presuming to stand
up for the life of a man, when I am conscious
that I am incapable of understanding from it,
even what acts arc imputed to him; — evi-
dence, which has consumed four days in the
T^ing ; — ^not in reading the acts of the pri-
soner, but the unconnected writings of men,
unknown to one another, upon a hundred dif-
ferent subjects;— EVIDENCE, the vcrv listen-
ins to which has deprived me of the sleep
which nature requires ; — which has filled my
mind with unremitting distress and agitation,
and which, from its discordant unconnected
nature, lias suffered me to reap no advantage
from the indulgence, which I began with
thanking you for ; but which, on the contrary,
has almost set my brain on fire, with the vain
.endeavour of collecting my thoughts upon a
subject never designed for any rational course
of thinking.
I/5t us, therefore, see how the unexampled
condition I am placed in falls in with lord
Coke UDon this subject, whose authority is
appealed to by the Crown itself; and let us
fo home and bum our books if they arc to
lazon forth the law by eulogium, and accu-
rately to define its protection, which yet the
subject is to be totally cut off from, when,
even under the sanction of these very au-
thors, he stands upon his trial for his exist-
^ce. Lord Coke says, in the same commen-
tary, pace 12, that the statute had not only
accurately defined tl)e niARCE, but the nature
of the PROOF on which alone a man shall be
attainted of any of the branclirs of liigh trea-
son.— " It is to be observed," says he, " that
the word in the act of Edward 3rd is prove-
ablement: I. c. Upon direct and manifest
proof, not upon conjectural presumptions^ or in-
Jerences, or strains of nit, hut upon ^ood and
sufficient proof. A nd herein the adverb pRovr-
ABLY hath a great force, and signifielh a DI-
RECT PLAIN proof, uhich word the Lords
and Commons in Farliantent did use, for that
the offence of treason was so heiiums, and 7cas
so lieaviljf and sererch/ punixhed, as none other
the like, and therefore the offender must he
FROVEABLY attainted, which vords areas
forcible as upon direct and manifest proof
Note, the icord is not puoiiabi-y, for then com-
mune argumentum might have served, but the
toord is PRovEAiiLY he attainted."
Nothing can be so curiously and tautolo-
cously laboured as this commentary, of even
that great prerogative lawyer lord Coke, upon
this smde wordin the statute ; and it mani-
festly shows, that, so far from its being the
spirit and principle of the law of England, to
loosen the construction of this statute, and to
adopt rules of oonstruction and proof, umisual
in trials for other crimes, on the contrary^ the
legislature did not even leave it to the jtid^
to apply the ordinary rules of lejgal proor to
trials imder it, but admonished^ them to do
justice in that respect in the very body of the
statute.
Lord Hale treads in the same path ^th lord
Coke, and concludes this part of the' subject
by the following most remarkable passage-^
vol. i. cliap. xi. 86.
'' Now although the crime of high ireaton U
the greatest crime against faith, duty, end
human tociety^ and brings with it the grtaUti
and most fatal dangers to the govemmeatf
peace, and happiness of a kingdom^ or ttate;
and^ therefore, is deservedly branded with the
highest ignominy f and subjected to the greatest
penalties that the laws can inflict, it appears^
first, how necessary it was that there should he
some KNOWN, fixed, settled boundary for thisL
great crime of treason, and of what great Uf'
portance the statute of 25th if^ Edward 3rd teatf
in order to thtit end. Second, Ho» dangerous
it is to depart from the letter of that statute,
and to multiply and enhance crimes into trcawis
by ambiguous and general words, such of •««-
croaching royal power, subverting fundamental
laws, and the like. — And third, how dangeroui
it is by construction, and ANALOGz, ,.ta
MAKE treasons where the letter of the law kai
not done it.— -For such a method ad/nits if mo
limits, or bounds, but ruru as far and af vide
as the wit and invention of' accusers, and the
detestation qfpersoiu accused, will carry memP
Surely the admonition of this supercminent
lawyer ought to sink deep into the heart 6f
every judge, and of every juryman, who is
called to aoministcr justice under this statute ;
above all,' in the times and under the peculiar
circumstances which assemble us in this place,
— Honourable men, feeling, as they ought,
for the safety of government, and the tran-
quillity of the country, and naturally indig-
nant against those who arc supposed to have
brought them into peril, ought Irom that very
cause to proceed with more abundant caution,
lest they should be surprised by their resents
ments or their fears ; they ought to advance,
in the judgments they form, by slow and
trembling steps; — they ought even to fall
back ana look at every tlnng again, lest a
false light should deceive them, admitting no
fact but upon the foundation oi' clear and pre-
cise evidence, and deciding upon no intention
that does not result with equal clearness from
the fact.— This is the universal demand of
justice in every case criminal or civil ; — how
much more especially then in this, when the
judgment is every moment in danger of being
swept away into the fathomless abyss of a
thousand volumes ; where there is no ancho-
rage for the understanding ; where no reach
otthought can look round in order to com-
pare their points; nor any memory be capa-
cious enough to retain even the impertect '
relatbn that can be collected from tliem?
Gentlemen, my mind is the more deeply
for High Treaton.
iffected with this consideration by a very re-
rent example in that monstrous phenomenon
ivhichy under the name of a trial, has driven
IS out of Westminster-Hall for a large portion
>f my professional life .♦ — No man is less dis-
posed than I am to speak lightly of great state
Prosecutions, which hind to their iTiity those
rho have no other sup«riors, nor any other
control ; least of all am I capable of even glanc-
ing a censure against those who have led to
}r conducted the impeachment, because I rc-
ftpciTt and love many of them, and know them
to be amongst the best and widest men in the
nation. — I Know them indeed so well as to
be persuaded that could they have foreseen the
rast field it was to open, and the lencth of time
it was to occupy, they never would have en-
gaged in it ; fur I defy any man, not enlight-
tncfl by the divine spirit, to say, with the pre-
cision and certainty of an English judge de-
ciding upon evidence before him; that Mr.
liastuigs is guilty or not guilty: — for who
knows what is before him, or what is not ? —
Many have carried what they knew to their
graves, and the livin<; have lived long enough
to forget it.— Indeed I pray God that such
another proceeding may never exist in Eng-
hind ; because I consider it as a dishonour to
the constitution, and that it brings, by its ex-
ample, insecurity into the admmistration of
Justice t- Every man in civilized society has
a right to hold his life, liberty, property and
reputation, under plain laws that can be well
understood, and is intitlcd to have some limi"
ied'tpecific part of his conduit, compared and
oianiincd by their standard ; but he ought
not for teven years, no, nor fur seven days, to
stand as a criiiiinal before the highest human
tribunal until judgment is bewildered and con-
fbiuided, to come at last, perhaps, to defend
himself, broken down with fatigue, and dis-
pirited with anxiety, which, indeed, is my own
condition at this moment, wlio aui only stal-
ing the case of another — What then must be
tlie condition ot the unfortunate person whom
you arc trjinirr
The next great question is, how the admo-
nitions of these «|,reat writers are to be recon-
ciled with what is undoubtedly to be found in
other parts of liuir works; and I think I do
not go loo tar, wlini I say, that it ou^lit lo be
the inelinalion of every person's niiiicT who is
considering tiie meaning of any writer, par-
ticularly it he he a person of superior learning
and intelligence, to reconcile as much as ]K)s-
fiible all he >ays upon any subject, and not to
adopt such a eon^lriiction as necessarily raises
up one pari in direct oppohition to another.
• See the trial of, Jolm Stockdale ciw^c Vol.
Se, p. 'J37.
t " It was the good tbrtune of Mr. Erskine
to remedy, in his own per:ron, the evil thus
complained of, when he presided as chancellor
on the trial of lord Melville.'*--£c/{Vor of Er-
ikine^i Speechet Sec the trial of Henry Lord
Viscount Mel viile^A. d. 1800,/'(«/.
A. D. 1794^
[894
The law itself, indeed, adopts this sound
nile of judgment in the examination of every
matter which is laid before it, tor a sound con-
struction; and the judges, therefore are
bound by duty as well as reason to adopt it-
It apears to me, then, that the only ambi-
guity which arises, or can possibly arise, in
the examination of the great authorities, and
in the comi)arison of them with themselves,
or with one another, is, from not rightly uiv-
derstanding the meaning of the term overt
ACT as applied to this species of treason. The
moment you get right upon the true meaning
and signification of this expression, the curtain
is drawn up, and all is liglit and certainty.
Gentlemen, an overt act of the high treason
charged upon this record, I take, with great
submission to the Court, to be plainly and
simply this :--thc high treason charged, is' the
compassing or imagining (in other words, tlie
intending or desigmng) the death of the king;
I mean nis natural death; which being a
hidden operation of the mind, an overt act is
any thing which legally proves the existence
oi such traitorous design and intention— I say
that thejdcsign against the kins*5 natural life,
is the high treason under the first branch of
the statute ; and whatever is evidence, which
may be legally laid before a jury to judge of
the traitorous intention, isalegal overt act;
because an overt act is nothing out legal evi->
dcnce embodied upon the record.
The charge of compassing being a charge
of intention, which, without a manifestation
by conduct, no human tribunal could try ; the
statute requires by its very letter (but without
which letter reason must have presumed)
that the intention to cut off the sovereign
should be manifested bv an open act; and as
a prisoner charged with an intention, could
have no notice how to defend himself without
I the charge of actions from whence the inten-
I tion was lo be imputed lo him, it was alwsiys
the practice, according to the sound principles
of English law, to state upon the face of the
indictment the overt act, which the crown
charges as the means made use of by tho
prisoner to efl'cct his traitorous purpose ; and
as this rule was too frequently departed from,
the statute of the seventh of king William
enacted, for llie benefit of the prisoner, that
no evidence should even be given of any overt
act not charged in the indictment. The
charge, therefore, of the overt acts in the in-
dictment is the notice, enactc.l by staltjtc to
be given to the prisoner for his protection, of
the means by which the crown is to sub-
mit to the jury the cxislcnce of the traitor-
ous purpose, which is the crime alleged against
him, and in pursiuinco of which traitorous
purpose the overt acts must also be charged
to have been committed. — ^NVhatcver, there-
fore, is relevant or competent evidence to be
received in support of the traitorous intention
is a legal overt act, and what acts ate covcc^^-.
tent to that \iurvQ»^« \b V?is\\\ ■A\^>\\w «^'^«s»>i
893]
35 GEORGE HI.
Trial t^ffwrniu Uwrdy
[89S
after the overt acts arc received upon the re-
cord as competnnt, and are eslanlished by
proof upon the Irial, they )>e suflficient or iii-
sufliciciU in llie particular in»\ance, to con-
vince the jury of the traitorous compassing or
intention, is a mere matter of fact, which,
ftom its very nature, can be red uced to no
other standard than that which each roan's
own conscience and understanding erects in
hiB mind, as the arbiter of his judgment.—
Hiis doctrine is by no means new nor peculiar
to high treason, but pervades the whole law,
and may be well ilUist rated in a memorable
case lately decided upon writ of erfor in the
House ofLords, and which must be in the
memory of all the judges now present, who
took a part in its decision. — There the
question was, whether, upon the establish-
ment of a number of facts dv legal evidence,
the defendant had knowledge of a fact,
the knowing of which would leave him
defenceless. — To draw that question from
the jury to the judges, I demurred to the
evidence, saying, that though each part of it
was legally admitted, it was for tlie law, by
the mouth of the judges, to pronounce whe- '
ther this fact of knowledge could legally be |
inferred from it; but the lords, with the as- '
sent of all the judges, decided, to my perfect
satis^tion, that such a demurrer to the evi-
dence was irregular and invalid ; thnt the pro*
vince of the jury over the effect of eritience,
ought not to be so trantf erred to the judges,
UM converted into matter of law ; — ^that what
Was relevant evidence to come before a jury,
was the province of the Court,— but that the
conclusion to be drawn from admissible evi-
dence, was the unalienable province of the
country.
To apply that reasoning to the case before
us: — ^The matter to be inquired of here is, the
fact of the prisoner*s intention, as in the case
I have just cited it was the fact of the defen-
dant's knowledge. — The charge of a conspiracy
to depose the kins;, is therefore laid before
yon to establish that intention ; its rompe-
teticy to be lai<l before you for that purpose,
is not disputed ; I am only contending with
all reason and authority on my side, that it is
to be submitted to your consciences and un-
derstandings, whether, even if you believed the
overt act, you believe also that it proceeded
from a traitorous m;ichination against the life
of the king. — I am only contendm^ llut these
two beliefs must coincide to establish a verdict
of guilty.— I am not cantendinsr, th;it, under
circumstances, a conspiracy to depose ihe king,
and to annihilate his regal capacity, may not
be strong and satisfactory evidence of tlic in-
tention to destroy his lifV.;— but only that in
tbisy as in every other instance, it is for yiiu
to collector not to collect this treason a^inst
the king's life, according to the result of your
conscientious belief and judgment, from tlie
acts of the prisoner laid befufe you ; and that
the establisnment of the overt act, cvsnifit
were oiCabiished, does uut establish the tcca-
son against the king*s life, bt a coksbquufck
OF LAW : but on the contrary, the oveifftct,
though punishable iu another shape, ar*an
independent crime, is a dead letter upon tbi^
record, unless you believe, exercising your ex-
clusive jurisdiction over the/acts laid before ym
that it was committed in accoroplismnentQf
the treason against the natural life or tAb
King.
Gentlemen, this particular crime of com-
passing the king's death, is so complete an
anomaly, being wholly seated in imcimsum-
mated intention, that the law cannot depart
from describing it according to its real es-
sence, even when it is followed by his deatii:
-—a man cannot be indicted for kkUing Uie
king, as was settled in Uie case of |he^Kg^
cides of Charles Ist, after long consiiltaliMi
among all the judges :— it was held tliat" the
very words rfthe statute must be pursued, ajiid
that although the king was actually mur-
dered, the prisoners who destro;^'ed him could
not be charged with the act itself, as hirii
treason, but with the compassing of lus
death ; the very act of the executioner in
beheading him/ being onW laid as the overt
act upon the record* — There, though the
overt act was so connected with, as to be even
inseparable from the traitorous intention, yet
they were not confounded, because of the
effect of |he precedent in dissimilar cases:
and although the regicides came to be tri«l
immediately on the restoration of the king^
in tlie day-spring of his authority, and before
high prerogative judges, and under circum-
stances when, in any country but England,
their trial would have been a mockery, or
their execution have been awarded without
even the forms of trial ; yet in England, tliat
sacred lil>erty, which has for ever adorn^ the
constitution, refused to sacrifice to zeal or en-
thusiasm, either the substance or the forms
of justice. Hear what the chief liaron pro-
nounced upon that occasion: — ** These per*
sons are to be proceeded uith according to the
ln7t;s cf ihe land, and I ahull speak nothing to
you but uhul are iiin words vf the law. By
the statute of Eduard ord, it is Made high
treuion tj compass and imagine the death cf
the king ; in no case cUc, imagination or com*
poising f without an actual ctRctf is punishable
bu luu/* lie tlien speaks of the sacred life of
the king, and ^peaking of the treason, says :
— " The treason consiits in the wicked imagi-
nation which is not apparent ; but when this
poiwn swells iwt of the heart, and breafes forth
into action, in that case it is high treatoa.
TllLS WIIAI IS AS OVtliT^Atl OF AN IMAGl>'i-
XIO.N, OK (OMI'ASSING Of'tHF. KiNgV DEATH?
Tri LY, IT IS ANY THING WillCIl SHOWS WHAT
THE IMAGINATION OF THE HEART IS."*
Indeed, gentlemen, the proposition is so
clear, that one gets confounded in the args*
ment from the very siniplkity of it; but stull
stand iu a situation which I am determined at
• See Vol. 5. p. 988 of thia CoUodioo.
\
897]
for High Treason.
all events to fulfil to the utmost ; and I shall
tberefure not leave the matter upon these au-
Uiorities, but will bring it down to our own
times, repeating my challenge to have pro-
duced one single authority in contradiction.
Lord Coke, in his third Institute, page 11, and
19, says : — " The indictment inii$t charge that
the prisoner traitorouily compassed and Jw-
gined the death and destruction of the kiug,^*
He says too, — " There must be a compassing
or imagination ; for an act without compassing j
intent, or imagination , is not within the actf as
appear eth hjf the express letter thereof. Et
actus non facit mtm nisi mens sit rea.** No-
thing in language can more clearly illustrate
my proposition — The indictment, like every
other indictment, must charge distinctly and
specifically the crime : that charge must there-
fore be in the very words of the statute which
creates the crime; the crime created by the
statute not being the perpetration of any act,
but being, in the rigorous severity of the law,
llie very contemplation, intention, and con-
trivance of a purpose directed to an act: that
contemplation, purpose, and contrivance,
must be found to exist, without which, says
lord Coke, there can be no compassing : and
as the intention of the mind cannot be inves-
tigated without the investigation of conduct,
tho overt act is required by the statute, and
inust be laid in the indictment and proved. —
It follows from this deduction, that upon the
clear principles of tlie Knglish law, every act
may be laid as an overt act of compassing the
Icing's deatli, which may be reasonably consi-
dered to be relevant and competent to mani-
fcst that intention ; for, were it otherwise, it
would be shutting out from the view of the
jury, certain conduct of the prisoner, which
might, according to circum«>tances, leaf! to
manifest the criminal intention of his mind;
and as nKirc than one overt act may he laid,
and even overt acts of different kinds, though
not in themselves substantively treason, the
judges appear to be justified \n law, when
they nded them to be overt acts of compass-
ing the death of the king ; because they are
such acts as before the statute of king William,
which required that the indictment should
charge all overt acts, would have been held
to be relevant proof; of which relevancy of
proof the judges are to jutlge as matter of
law ; and therefore being relevant proof, must
also be relevarH mutter of charge, because
nothing can be relevantly charged which may
not also he relevantly admitted to proof.
These ob.servations explain to the meanest
capacity, in what sens** lord Coke must be
understood, when ho- says, in the very same
page, that, " -4 preparation to depose the king,
and to take the hini' bu ;'*rce and strong hand,
until he has yielded to certain detnunds, is a
sufficient overt act to i'rovf. the i'mpassing of
the king's deaih?^ He docs not say as a pro«
POSITION OF LAW, that he who prepares to
•eize the king, compasseth his death, but that
8 preparation to seize him j^ a sufiicif.'iit overt
VOL. XXIV,
A. D. 1794. [898
act to PROVE the compassing; and he directly
gives the reason, *< because of the strong,
tendency it has to that end." This latter
sentence destroys all ambiguity. — I agree per-
fectlv with lord Coke, and I think every judge
would so decide, upon the general principles
of law and evidence, without any resort to
his authority for it; and for this' plain and
obvious reason : — ^The judges who are by law
to decide upon the relevancy or competency
of the proof, in every matter criminal, and
civil, have immemorially sanctioned the indis-
pensable necessity of charging the traitorous
mtention as the crime, before it was required
by the statute of kin^ William. — As the crime
is in its nature invisible and inscnitable, until
manifested hy such conduct as in the eye of
reason is indicative of the intention, which
constitutes the crime ; no overt act is there-
fore held to be suffic lent to give jurisdiction,
even to a jury to draw the int'erence in fact
of the traitorous purpose, but such acts from
whence it may be reasonably inferred ; and
therefore as the restraint and imprisonment
of a prince has a greater tendency to his de*
stniction than in the case of a prival^ man^
.such conspiracies are admitted to be laid as
overt acts, upon this principle, that if a man
does an act from whence either an inevitable
or a mainly probable consequence may be ex-
pected to follow, much more if he persists
deliberately in a course of conduct, leading
certainly or probably to any given conse-
quence, it is reasonable to believe that he
foresaw such consequence, and hy pursuing
his purpose with that foreknowledge, the in-
tention to proilucc the consequence may be
fairly imputed. — But then all this is matter of
foctfor the jury from the evidence^ not matter
OF LAW FOR Tiin CouitT; farther than it is the
privilege and duty of the judge to direct the
attention of the jury to the evideiKC, and to
state the law as it may result from the dif-
ferent views the jury may entertain of the
facts; and if such acts could not be laid as
overt acts, they could not be offercKl in evi-
dence; and if they could not he offered in
evidence, the mind of the prisoner, which it
was the object of the trial to lay open as a
clue to his intention, would he shut up and
concealed from the jury, whenever the death
of the sovereign was sought by circuitous but
obvious means, instead of by a direct and
murderous machination. — But when they are
thus submitted, as matter of charge and cv'h
dence to prove the traitorous purpose which
is the crime, the security of thr> king and of
the subject is equally provided for: all the
matter which lias a relev;UM:y to the crime, is
chargeable and proveable, not substantively to
rai^e from their establishment a legal infer-
ence, hut to raise a presumption mfact, capa-
ble of being weighed by the jury with all
the circumstances of the transaction, as
offered by the Crown and the Prisoner; their
province being finally to say— not what was
the possible or the probable consequence of
999] 36 GEORGE lit.
Trial of Tkomu Hardy
OBOO
tho oycrt act laid in the Indictment, but whe-
tfMr it has lirought them to a safc and con-
^dontioiift judgment of tho guilt of the Pri-
soner; i. c. of his guilt in compassing the
death of the kin», whkh is the treason
diai^^ed in the Indictment. Lord Hale is, if
jiosstble, more direct and explicit upon the
aubject. — He says, page lOr, ** The word*
dvmpaa or imagine, are of a great latitude ;
they refer to the purpme or design of the mind
oa'^iti., thougn the purpose or design takes
ffot effect: but compassing or imagining, iingly
of itself y is an intern 4L acty and, without some-
lAmg*lo MANIFEST it, could not possihh fall
mnder any judicial cognixance but of God
alone; and therefore this statute requires such
AN OVERT ACT OS may render the compassing or
imagining capable of a trial and sentence by
human judicatures** Now can any man pos-
sibly derive from such a writing (proceeding
too from an author of the character of Lord
Hale), that an overt act of compass^g, might
in his judgment be an act committ^ inad-
vertently vritliout the inlentkm? Can any
man mther from it, that a man, by falling
into bad company, can be drawn in to be
euilty of this species of treason by rash con-
duct, while the love of his Sovereign wa5
glowing in his boM^m ? — Can there oe any
particular acts which can entitle a Judgi* or
Counsel to pronounce as a matter of lav, what
Another man intent^ } or that what a man in-
tends is not a luatter of fact ? Is there any
man that will meet the matter fkirlyy and
advance and sufvpurl that naked proposition ?
At all events it is certainly nut a proposi-
tion to l>c dealt with puhlicfy ; because the
man whose mind is capable even of conceiv-
ing it, should l)c treasured up in a museum,
and exhibited there as a curiosity, for money.
Gentlemen, all 1 am asking, hou'ever, from
tny argument (and I defv any power of reason
upon eartli to move me trtmi it), is this : tlial
the Prisoner being charged with intending the
King's death, vuv arc to find whether this
chan^' he founded or unfounded : and that
iherefore, put upon the record what else you
will, — I'rove what you will, — read these books
over and over n gain,*- and let us stand here a
year ai^l a dav in discoursing concerning them,
— still the question nuist return at last to what
VOi* and YOU OK i.Y can resolve — h he guilty uf
that bate dctctrubU intention to destroy the
King y Not whether you incline to believe
that he is guilty ; not whether you suspect,
nor whether it be probable ; not whether he
may he gvii.ty;— no, but that proveably
UE IS c.rrLiY. If you can say this upon the
choiy reflesion past ■ At ibofoXi ooc; pwhipi^
have been introduced-^it certainly oiq;ht m
have noeflfect umd jon wlib are to judge mwin'
your oajtha. — ^I clo not atand bore to deair^ pA
to commit peijury from compusion ;-r4iin tk
the same time my earnestness may be Jto^
given, since it proceeds fnmi a weakness eoior
mon to us all. I claim no merit with the PrI-'.
soncr for mv zeal ;— it proceeds fnrni a uMsh-
principle inherent in the human heart—I am
Counsel, Gentlemen, for myself. In every
word I utter, I fieel that I am pleading form
safetv of my own life, for toe Kves of mf
chikiren after ixiey for tiie banpiness of mf
country, and for the univenu oonditioa of
civil society throughout the world.
But let us return to the subject, and punne
the doctrine of lord Hale upen the troe inter*
pretation of the term overt act, as applicable to
this branch of treason. Lord Hale says, and'
I do beseech most earnestly the attentwp oC
the Court and Jury to this passage — ^ If mea
conspire the death of the king^and thareopoB
provide weapons, or send letters, this is an
overt act within the statute.*^ Take- this t»
pieces, and what does it amount toF— >*lf
men conspire tftie death of the Icing,'* IttiT
is tiie first thing, vis. the intaUitm, ^andf
thereti|ion,'' that is, in pursuance of that
wicked intention ^ provide weapons, or not
letters for tlie execution thereof,** i. e. for tfie
execution of tliat destruction of the Kinj|^
which they liave meditated, ** fitm is an overt
act within the statute." Surety the meaning
of all this is self evident.— If the intention be
against the king's life, though the* conspiracy
does not imm^iately and directfi' point to
his death, yet still the overt act will De suffi-
cient if it be something which has so direct a
tendency to tliat eno, as to be competent
rational evidence of the intention to obtain it
But the instances given by Lord Hale him-
Silf furnish the best ilhistration — ** If am
conspire to imprison the King by force avd
A strong HANI), until he has yielded to ctrteist
demands, and roR that purpose gatuee com-
pany or wRiiE letters, that is an overt att
lo prove the compassing the King's death, a»
it was held in lard Cobham*s case by alltkt
Judges.*' In this sentence lord Hale does
not depart from that precision which so emi-
nently distin«:iiishes all his writings; he does
not say that if men conspire to imprison the
king until he yields to certain demands, and
for that purpose to do so and so, I%it i§ huk
7 rra«>n— no, nor even an overt act of 1^
treason, though he might in legal languue
correctly have said so; but to prevent d^
evidem-o, it is your dutv to say so, and you t possibihtv of confound inc the treason wfth
may, with a tranquil conscience, return to matter vr\\\ch may be legally charged as lall^
vant to fA^jproo/*^ I/, he foUcwrs lord
ywir fun lilies ; though by your judgment the
tmhaptw object of it must return no more to
his. — Alas ! Gentlemen, what do I say ? he
haa no family to return to;— the affectionate
partner of bis life has already folleu a victim
-to the Mrprisc and horror wbicli attended the
moirlnttsactingir^Dutiel that mcian-
. . , . lord Coke*!
ex|>ress*ion in the third Institnte^ and wSy
This is an overt act to prace tht compaantf
of the king^ death :and as if by this i
expressmn he had not done enoiig)i u^ ken
the ideas asuniler, and frun abonoMit rcipra
for therighuand liberties of tbaad^ee^hA
801]
Jhr High Treaion.
A. D. I794>.
[90?
iliHiiediately it^ds^ ^« But iJkn ihrt muH be a»
aatti md to frovk that cotupiracy ; and ih<iu,
ikaimfert act to i^novx: smh deii^u^ it an ar«r/
IK
kiug, iS iiii over! u£t Ui (irove the cou^
af ms (kralh^aml savs to him, but >
tlmi ^h«ic must 1
the fixit pUcc, /A
hu" -
in. J
irw thp nipvt v#Mi
\\im\ tiien i> icy
uUioT): li can oixiy ina a iJir^ct
rite 5imJ detain his perhott
istence of the overt acU Itus Lcml by tiie couii»1
Cry s& at An end, and the fudges are Armed wUk [
an ftrbilrary tmconlrolUble dominion ov€ffJ
ihg M' '^ '"^ ^(►erlien tit ihe n^iUun.
('< I will ijuvv |>rvH;ct;d to bho4^|
VDll I .... .,L«Ctnn<"^ wiiji h I am li is!',tijT|i> iiQ T
iietd by ji *
/t ut aii piiuhar lu ihp j
h[it perv«i(k lite whril^J
V. Mr. Ju^tiLC I'O^I
NT hi* wrrttrfL'"i, l:^y« I
duwn ihc rule Lhui ;~li t s
ft general rule, thiit ** n J
— jiLnt im> gi'ii^ j
lowed to have |»Utft1
. IS admitted on «U.|
111 would be mdicalljf
jt c h:ir"
i
and' I ^ '. . ,,,.,,■, ' ' y
chargcci the overt act to b« comiuiittd in orU«f
to ctlccttiate the traiti^roiiH purpo^ff, Nohod^
ever denied ibis proposition ; and tlie pre^er^
indirtni«!nt is fntm^ ;iccurdiQgly. Now it ip
thai if the benignil) of th«
(uire» thiA precision m the in*
I*- dehanch I itd&from
.UiL L- irintuin :ii . ^..w destruc-
tion Dt .u*%^f th« mo-
airci) . ittluftiswhat
liie Jmw meaiib by ;i cooifpnucy agminst the
litni;*f ^ovpfiittv:!)!, ^Ttpposiij^ even tllEt a
CV riU VtlitG sv-
jji tii& hhl Van
•i; T^tluisboeD
i< r tbift braftch
^«: b«eo nciuaDy
h icy has be<ui
Wty M sii4.nint>f 1 do h^
Ik oooflpirncy to levy wiur ii^^,
kliliiifiH^ tie liod iis an overt at
iOg ibe kio?:*^ di'.ilh. iirrnii'*!-' ill*. v,_ ,„_^ L^..
iDodii^Ul) ij tod ^iiUoctiy
10 luf d^Mr ^ , tad M 3ord
iiale truly ftays, ^* ^tnail i» tije distance h^-
IWt^tl lii« pmont Aod graves </f Princes/'—
llul unult4ply the irn^ivUiJir^ nb yon ^dl, niiU
iIm} pnncjpk present* iLaeli,— I'he lri»fh of
ibiavri i.buiilupon ex|
4(i«»ii "f ihiii de!»ent
Vid ccimpt'^'Hi ftvidcn*:« to hekii lo i mrv of
a 4<<iin agfuutt the km^'b hie ; hut it doc6
fid t^thm lore, ehaiige the DaUirc ' '^ r- t -
;Mr ivftftmiu 4K))/ oourt to dedan
iliif ucafion u{H«nihctr htiMy^ tiiootp
:iu ucriit'tii.
tncnt; the -
<fititT meanrng lu 10*1 ui uuiumivjh -
the proieciifjn of the prisoner ; ihr
the indictment mu^t <Sir. rtk rii ir
of the very LETTtn ■
Djuld. i!ie^tTt]iele!*si, 1
iiot i toiibreiif iiv
the of ilie ill l o
Qid>' L^i. iK> protection to 4L£ prisoner , Uit AI
dtfect violation of the firt^t pritKiple.<i ofjuf^l
ticc criminal and civd, which c^tl univcnillf |
for the. proof u( hiI material >ivefmerit«
otU
tlniv
mtl prfK ceding, even down 1
the kilhuff of II hare or u pif
con^tniclionu only to l^c cnliirj^td a
ed n« to the M^tutc of high trcjuou,
r (lA&anig It wa^ tu gu
< j'un of the t:
' -s in fttvour ij
lion.
IIXA-I I V II' '* ' I 111 ' . T ■■■■■' 7
Tbc JltttUlir% -rp,
' tt to ont p^il i/l n.- ........ T ,.- y,
- 6€»cma to deny it in anoihcf. — t
.. - 4 . „vt w hen I iktaX^ ovva v»^V «»V Uvi* «^«ft^^
90S]
35 GEORGE HI.
Trial (fThtmas Hardy
[904
^ill not suppose that I attribute the inconsis-
tency to any defect, either in his understand-
ing or liis heart ; far from it — it arises, I am
convinced, from some of the authorities not
being sufTicientiy understood.
In the beginning of his speech he admits
that the evidence must be satisfactory and
couN incing as to the intention ; but in the lat-
ter part beseems, as it were, to take off the
effect of that admission. I wish to give you
the very words. I took them down at the
time ; and if I do not state them correctly,
J desire to be corrected. *' I most dis-
tinctly disavow," said ray honourable friend,
^ every case of constHHrtion. I most dis-
tinctly disavow any like ca5<e of treason not
within the letter of the statute. I most dis-
tinctly disavow cumulative treason. I most
distinctly disavow enhancing guilt by parity
of reason. The question undoubtedly Is, whe-
ther the proof be full and satisfactory to your
reasons and consciences that the prisoner is
guilty of the treason of compassing the king's
death." Gentlemen, I hope that this will al-
ways with equal honour be admitted. Now
let us see how the rest of the learned gentle-
man's speech falls in with this. — For he goes
on to say, that it is by no means necessarv that
the distinct, spcrihc intention should pre-
exist the overt act. " If the overt act," says
he, " be deliberately committed, it is a com-
l>assing." But how so, if the intention be ad-
mitted to he the treason i What benefit is ob-
tained by the ri«?orous demand of the statute,
that tlic compassing of the king's death shall
be char<;cd by the indictment as the crime
if acriiH<j difierenl, or short of it, can he sul>-
fitituted for it in the proof: and how can the sta-
tute of Kichard 2nd be said toberepealed,which
inadc it high treason to compass tu depose the
king, independently of intention upon iiis life,
if the law shall declare, notwithstanding the
repeal, that they are synonimous terms, and
that tlie one concli sivf.i.y involves the otlier ?
Gentlemen, if we examine the most promi-
nent cases, which have come in judgment be-
fore judges of the most unqueslionablc autho-
rity and after the con.^titulion had become
fi.\ed, you will find every thing that 1 have
been saying to you justified and confinncd.
The first great Stale Trial, after the revolu-
tion, was the case of sir John I-'reind,* a con-
spirator in the assassination plot. Sir John
i'rcind was indic ted tor compuNsing and ima-
gining the death of king William ; and the
overt acts charged, and principally relied on,
were, first, the sending Mr. (Jliarnock into
Frante to king James, to drsire him tu per-
suade the French king to send forces over to
Great Britain, to levy war apiiu'^t, and to d«--
jH>se the King, and that Mr. Charnock was
actually sent ; and," secondly, the prej>aring
men to be levied to form a corps to assist in
the restoration cf the I'retender, and the ex-
pulsion of king William, of which sir John
^ I » — ■ - . ■■ I ■ ■■ ■ ■ . -
* Sechi^cyai&'m ttiis Collection, Vol, 13, y«1'
Frcind was to be colonel.— In this case, if the f
proofs were not to be wholly discredited, and
the overt acts were consequently established,
they went rationally to convince the mind of
every man of the pre-existing intention to
destroy the king. — '\ he conspiracy was not to
do an act which, though it might lead enat^
iuaUy and spccvlativeljf to the icings detth,
might not he foreicen or designed tij those
who conspired together :— the conspiracy was
not directed to an event, probably leading to
another, and a different one, and from the
happening of which second, a third still diffis-
rent might be engendered, which third mig^t
again lead in its consenuences to a fourth state
ot things, which mignty in the revolution of
events, bring on the death of the kinz,
though never compassed or imagined : — Freinj^
conspiracy, on the contrary, bad for its direct
and immediate object the restoration of the
Pretender to the throne, by the junction of
foreign and rebellious force. In my opinion
(and I am not more disposed than otliers to
push things beyond their mark in the admi-
nistration of criminal justice), sir John Freind,
if the evidence against him found credit with
the jury, could nave no possible defence;
since the evidence went directly to prove the
despatch of Charnock to France, under his
direction, to invite the French king to bring
over the Pretender into Kngland, and to place
him on the throne. — ^The intention, therefore,
of sir John Freind to cut off king William,
was a clear inference from the overt act in
question ; not an inference of iuo) fur the
Court, but ut\fact for the jury, under the
guidance of plain common sense; because the
consequence of the Pretender's regaining the
throne must have been, the attaintler of king
William by act of parli^imeut. — Some gentle-
men seem to look as if they thought nc»t — but
I should be glad to hear the poMtion contra-
dicted.— I reneat, that if the Pretender had
been restorea, as king of Kngland, the lejgal
consequence woidd have been, that king
William would have been a traitor and an
usurper, and subject as such to be tried at tlie
Old Bailey, or wherever else the king, who
took his place, thought fit to brin^ him to
judgment. — From these prenjises, therefore,
there could be no dithcnityof inferring the
intention ; and, ihcrctore, it ever a case existed,
where, Irom the clearness of the iiiterencCt
the province of the jury might have been
overlooked, and the overt act eon t(iuud«!d with
the treason, it was in th«» instance of hn md;
but so far was tins from being the case, thit
you will find, on the contrary, every thing I
have been saying to you, since I began to
address you, summed up and confirmed bf
that most eminent magistrate loni chief
justice liolt, who presided upon that trial.
He begins thus : — " Oentitmen of the jury^
look ye^ the treuaon that is mentioned in tH
indictment is conspiring^ compassing^ andim^
gining the death of the king. To peOve tue
GOsrspiBAcy awd dbsigit tfthc King*$ DJBATHj
V
905]
fw High Treason.
A. D. 179*.
[906
iwpo principal overt aci% are in$i$ted on.^ He
docs Dot consider the overt act of conspiracy
and coDsiittaiioirtob^ttrerreoscm, but evidence
(as it undoubtedly was in that case) to prove
the compassing the death. The chief justice
then stales the two overt acts above men-
tioned, and sums up the evidence for and
against the prisoner, and leaves the intention
to the jury an matter of fact. — For it is not till
aAer«'uri)s thai he comes to answer the pri-
soner's objection in point of law, as the chief
jtiRlice in terms puts it — " there it another
iking,** said lord chief justice Holt, " he did
tffsixt If/Mm, AND THAT IS MATTER OF LAW.
The ttatute %hth Edward III. wom read, which
is the great statute about treatons, and that does
contain divers species of treason, and declares
whai shi$ll be treason : one treason is the com-
pms^ing and imagining the death of the king ;
afwthar is the levying war. liow says he** (i. c.
Frexko), '* here it no war actually levied ;
and a bare conspiracy to levy tear, doe^ not
come vUhin' the law against treason.*' To
pause here a little : Frcind's argument was
this — whatever my intentions might be —
whatever my object of levying war might
have been — whatever might have bc«n my
design to levy it — however the destruction of
tiic king mi^ht have been effected by m^
conspiracy, it it had gone on — and however it
mijvht have been my intention that it should,
-^it is not treason within the •25th of Edward
III. — ^To which Hull replied, a liltle incor-
TecUy in langu^inc, but right in substance —
** Kotcfor that i must tell you, if there be only
a conspiracy to levy aar, it is nor treason ;" i. e.
it is not a substantive treason : it is not a
treason in the abstract. *< But if the design
and cimspiracy be either to kill the king, or to
depose him, or imprison him, or put any force or
restrtiint upon him,** i. e. personal restraint by
force, *' and the way of effecting these purposes
IS BY Li.vYiNG A WAR; there the conspiracy
and consultation, to levy war for that purpose,
is high treason, though no aar be levied : for
such consultation and conspiracy » an ovekt
ACT PROVING the compassing the death of the
king.** But what sort of war is it, the bare
conspiracy to levy which, is an overt act to
prove a design a^'iiiist the king's life, though
no war be actual ly levied ? (Jcnliemcn, lord
Holt himself illustrates this mutter so clearly,
that if I had any thin,'; at stake short of the
honour and life of the prisoner, I might sit
down as soon as I had read it :— lur if one did
not know it to be an extract from an ancient
trial, one would say it wat> admirably and ac-
curately wriltrn for the present purpose. — It
it a sort u\' prophetic bini'i> eye view of what
we arc engaged in at this moment :— '* there
may be war levied (continues lord Holt in
Preind's case) without any design upon the
king*s person, which, i/' actually levied, tf
high treason, though purposing and designing
sack a levying of war is not so. As for example :
If persons do assemble themselves, and act with
force, in oppoiUion to some law, and hope thireby
to get it repealed; this is a levying war, and
treason, tdouob the purposing and designing
OF IT IS not so. So when they endeavour, in
great numbers, with force, tomake reformation
of their own heads, without pursuing the methods
of the law, that is a levying war, but tue pi;r-
POSE and DESIGNING IS NOT SO. But if there
be, as I told you, a purpose and design to des-
troy TBE King, and*' (not or to depose hiniy
but and to depose him) ** to depose him from his
throne, which is proposed and designed to be
effected by sear that is to be levied ; such a eon'
spiracy and consultation to levy war for the
BRINGING THIS TO PASs"(i. c. for bringing the
king's death to pass) " is an overt act of high
treason. So that, gentlemen, as to that ejection
which he makes, IN POINT OF LAW, it u of
no force, if there be evidence sufficient to coit-
vinceyou that he did conspire to levy war FOR
SUCH AN END." And ho concludes by
again leaving the intention expressly to the
jury.
I ^ItlSTHE END TUERF.FORE FOR WHICH the WRf
lis to be levied, and not the cunspiracv to do
lany act which the law considers as a levying
jof war, that constitutes an overt act of treason
•againjit the king's life.— The most rebellious
Imdvements towards a reform in government^
not directed aeunst ihcking^s person, wiltnot,
according to lord Holt^ support the charge
before you. — I might surround the House of
Commons with fif^y thousand men, for the ex-
press purpose of forcing them, by duress, to
repeal any law that is offensive to me, or to
pass a bill for altering elections, without being
a possible object of this prosecution.— Under
the other branch of the statute, I might indeed
be convicted of levying war, but not of com-
passing the king's death ; and if I only con-
spired and meditated this rising to repeal laws
by rebellion, I could be convicted of^ nothing
but a hi^h misdemeanor.-- -I would eive my
friends the case upon a special verdlict, and
let them hang me if they could. — How much
more might I give it them if the conspiracy
imputed was not to effect a reform by violence,
but, as in the case before us, by pamphlets
and speeches, which might produce universal
suffrage, which universal suffrage might eat
out and destroy aristocracy, which destruction
might lead to the fall of monarchy, and, in
the end, to the death of the king.— Gentle-
men, if the cause were not too serious, I
should liken it to the play with which wo
amuse our children. " This is the cow with
the crumpledy hum, which gored the dog,
that worried the cat, that ale tiie rat," &c.
ending in the '* house which Jack built."
I do therefore maintain, upon the express
authoritv of lord Holt, that, to coiivict a pri-
soner, charged with liiis Reason, it is abso-
lutely necessary that you should be satisfied
of his intention against the king's life, as
charged in the indictment, a^id that no desig;n
against the king* 5 gooernment will «v«xi ^^
legal overt act to \^ \fttt Ma ^ y^ ** ^^''^ ^'^^
f>07] 35GB0KGE IIL
fUbstanlive and consummate treason)^ unless
the tonspiracjr be directly pointed a^inst the
perton ofiht ^'n^. The casa of loi3 George
l}ordon* is opposed to this as a high and mo*
dern decision: and the attorney general des-
cended indeed io a very humble and lowly
authority, when he sought to maintain his
argument by my own speech, as counsel for
that unforUinate person. The passage of it
alluded to lies at this moment before me;
and 1 shall repeat it, and re-maintain it to-
day.—But let It first be recollected, that lord
Y^eorge Gordon was not indicted for com-
passing or imaginine the king's death, under
the fii^t branch of tne statute, but for levying
i»ar under the second. It never indeed en-
tered into the conception of anv man living,
that such an indictment could have been
maintained, or attempted against him : I ap-
lical to one of your lordships now present, lor
whose learning and capacity I have the great-
est and highest respect, and who sat upon
.that trial, that it was not insinuated from the
Kar, much less adjudged by the Court, tliat
the evidence had anv bearing upon the first
hruneh t^ treason, — I know that I may safely
ajypeal to Mr. Justice Buller fur the Uuth of
this assertion ; and nothinjg surely in the pas-
sage from my address to the jury, has the re-
motest illusion to assimilate a conspiracy
against the king's government (collateral to
his person) with a treason against iiis life. —
My words were, " To comptm or imagine the
death of the king; such imagination, or pur-
pose olf the mind, visible on!y to its great Au-
thor, being manifested by some open act ; an
institution obviously directed, not only to the
^^curity of his natural person, but to the sta-
bility of the government; the life of the
prinrc being so uiterwoven with the constitu-
tion of the state, that an atlemut to destroy
the one, is justly held to be a rebellious con-
spiracy agamst the othcr."t
What 15 this but to say that the king's sacred
life is guarded by higher sanctions than the
mHinary laws, because of its more inseparable
^on^cxlun with the public security, aud that
an attempt to destroy it is therefore made
treason agaiubt the state ? But the attorney
general is, I am sure, too correct in his logic
to say, that the converse of tlic proposition is
flierelbre maintained, and that an attack upon
the king's authority, without design upon his
{>erson, is affirmed by the same expression to
)e treason against his life. — iiis correct and
enlarged mind is incapable of such confusion
of ideas.
But it is time to quit what fell from me upon
this occasion, in order to examine the jud^.
nient of the Court* and to clothe myself with
the authority of that great and venerable ma-
gistrate, whose nferaory will always be dear
to me, not only from the eminent services he
• See it in this Collection, Vol. 31, p. 485.
t See Mr. Erskinc's speech for lord George
CordCD, aMl^, Vol. 31, p. 689.
Tool of Thoinat Hardjf
tSOB
rendered to his country in the adminiitntioa
of her justice, but on account of the peraonal
regard and levereace I bad for him wkne^
Uving.
Lord Mansfield, in delivering the law I9
the jury upon lonl George Goraon*a trial (I
appeal to the trial itsolf, and to Mr. Justica
Buller, now present, who agreed in the judg-
ment), expressly distioguiihed between the
safety provided tor the king's nalurai pcriH^
by the first branch of the statute, and the se-
curity of his executive power under the se-
cond. That great judge ^mvw had an Up
that the. nmturat person of the king, anotbe
mqjesty of the king, were the sajme tluil^wr
that the treasons against them were synoni-
mous: he knew, on thecontraiyyfbirlie.^w
all that was to be knowji, that as mhttatuke
crimes they never had been blended. I wiQ
read his own words :*-^ There are two kinds
of levying war :— one agaiQSt the pertoa of
the king : to imprison, to dethronep or to kill
him ; or to make him change measiire^ vi
remove counseUors :— the other, whick jshssid
to be levied against the^ majett^ of the*'kiM
or, in other words, against him in his npX
capacity : as when a raultilude rise and aa-
semble to attain by force and violence any
object of a general public nature ; diat is
levying war against tne nunesty of the kmg;
and most reasonably so held, because it tends
to dissolve all the bonds of society, to destroy
property and to overturn government ; ano^
by force of arms, to restrain the king from
reigning according to law."* But then ol^
serve, geiUlenicu, the war mtut be actually
levied; and here ag.iin I appeal to Mr. Jus-
tice Buller, for the words of lord Mansfield,
expressly referrinjs for what he said to tlie
authority of lord Holt, in sir John Freind's
ca6e,alrcady cited : '' Lord chief justiceHoit, ia
sir John Freiiid's case, says ; — ' If persons do
' assemble themselves and act with force, io
' opposition to some law which they think in-
' convenient, and hope thereby to get it re-
' pealed, this is a levying war and treason.'
In the present caset it docs not rest upon an
implication that thev hoped by opposiliou to
a law to get it repealed ; but the prosecutiua
proceeds upon the direct ground, tihat the ob-
ject was, by force and vioUnce, to compel the
legislature to repeal a law ; and thcrefiue,
without any doubt, I tell you the joint opiniua
of us all, that, if this multitude assemble^
with intent bif acts (/force and violence^ to
compel the lej^islature to repeal a law, it is
high treason.''^ Let these words of lord
Mansfield be taken down, and then show roe
the man, let his rank and capacity be whst
they may, who can remove me from the foun-
dation on which I stand, when I maintain
* See lord George Gordon^s case, VoL 31,
p. 014 of this Collection,
t liord George Gordon*s, then on trial.
iSee the case of lord George Gordon»«at2
. 31, p. 64i. ^^
909]
for High Treajfon^
A. D. 1794.
[910
that a conspiracv to levy war for the objects
of fie&iriDatioo, is not only not the high trca-
son charged by this indictmant, when not di-
rectly pointed against the ^ing*s person, but
that even the actual levying it woula not
amount to the coniFtitution oftne crime. But
this is tlie least material part of lord Mans-
field's judgment, as applicable to the present
question ; fur he expressly considers tue in-
TENTTON of the pHsoncr, whatever be the act
of treason alleged ai^ainst him, to be all in all.
— So far from holding the probable or even
inevitable consequence of tne thing done as
constituting the quality of the act, he pro-
nounces them to be nothing as separated from
the criminal detign to produce tnem. — Lord
George Gordon assembled an immense mul-
titude around the House of Commons, a sys-
tem so opposite U) that of the persons accused
hefbre this commission, that it appears from
the evidence thry would not even allow a
man to come amongst them, because he had
been lord George's attorney.— The Lords and
Commons were absolutely blockaded in the
chambers of Parliament ; and if control was
the intention of the prisoner, it must be
wholly immaterial what were the deliberations
that were to be controlled ; whether it was
the continuance of Roman Catholics under pe-
nal laws, the repeal of the septennial act, or i
s total change of the structure of the House of '
Commons, that was the object of violence, — '
the attack upon the legislature of the coun- !
try would have been the same. That the
multitude were actuallv assembled round the
Houses, and brought tiJcrc by the prisoner, it
was impossible fur me as his counsel even to
think of denying;, nor that their tumultuous
proceedings wci-e not in effect productive of
great intimidation, and even danger, to the
Lords and Commons, in the exercise of their
authority :— neitlier did I venture to question
the law, that the assembling the multitude
Jor that purpose, was levying war within the
statute. — Upon these facts, therefore, applied
to the doctrines we have heard upon this
trial, there would have been nothing in lord
George Gordon's case to try ; he must have
been mstantly without controversy, convicted.
But lord Mansfield did not say to\hc jury (ac-
cording to the doctrines that have been
broached here), tliat if they found the multi-
tude assembled by the prisoner, were in fact
palpably intimid.iting and controlling the
parlianicnt in the exercise of their functions, he
was guilty of high treason, whatever Ais inten-
tkms might have been.-^lic did not tell them
that the ineritable cantcguence of assembling
a hundred thousand people round the le^sla-
ture, bein^ a control on their proceedings,
was thertjure a levying war. though collected
from folly and rashness, without tnc inteniian
of violence or control. — If this had been the
doctrine of lord Mansfield, there would (us I
said before) have been nothing to try ; for I
admitted in terms, that his conduct was the
citreuity of rashaessi aod totally iocooslsteDt
with 1)is rank in the conntry, and his station
us a member of the House of Commons —
But the venerable magistrate never for a mo-
ment lost sipht of the grand ruling principle
of criminal justice, that crimes can have no
scat but in the mind ; and upon theprisi n^r's
intention y and upon his intention ulone, he ex-
pressly left the whole matter to the jury, with
the following directions, which I shaul read
verbatim from the trial :
*• Having premised these several proposi-
tions and principles, the subject matter for
your consideration naturally resolves itself
mto two points :
** First, Whether this multitude did a5scm-
ble and commit acts of violence, witli intent to
terrify and compel the legislature to repeat
the act called sirUeorge SavDe's.— If upon this
point your opinion should be in the ncgativ^
that makes an end of the whole, and the pri-
soner ought to be acquitted ; but if your opi*
nion should be, that the intent qf thii muUi-
tude, and the violence they committed^ was
to force a repeal, there arises a second pomt-
** Whether the prisoner at the bar mcited,
encouraged, promoted, or assisted in raisine
this insurrection, and the terror the^ carriea
with them, with the intent of forcing a
repeal of this law.
<< Upon these two points, which you wQl
call your attention to, depends the fate of this
' trial; for if either the multitude had no wek
! intent^ or supposing the^ had, if the priMontr
' was no eauMe, did not excite, and to0k no part
in conducting, counselling, or fomenting the
insurrection, the prisoner ought to be ac
quitted : and there is no pretence that he per-
sonally concurred in any act of violence."*
1 tlierefore consider the case of lord George
! Gordon, as a direct authority in my favour.
To show that a conspiracy to depose the
- king, independentlv of ulterior intention
j against his life, is high treason within the
• statute, the attorney general next supposes
that traitors had conspired to depose king
' William, but still to preserve him as stadt-
1 holder in Holland, and asks whether that con-
■ spiracy would not be a compassing his death:
\ to that question I answer, that it would not
1 have been a compassing the death of king
1 William, provided the conspirators could
I have convinced the jury that their firm and
j ^in///i(/r intention was, to proceed no farther,
and that, uuder that 1>elief and impression,
the jury (as they lawfully might) had nega-
tived by their fimling, the fu(*t of the inten-
tion against the kiu'^'s nuUiral existence.— I
have iio doubt at all, that, u|>ou that finding,
no judgment of trr-asoii ruuld be pronounced:
btit t!)o diflicuUy would l>e, to meet with a
jury, who, upon the bare evidence of such a
conspiracy, woidd find such a verdict. There
might be ]H)ssible cirfumstanccs to justify
sucli a negative of the intention, but tliey
* '< See lord George Govi^tC^ \sl\si\^ ^'<^^%.
Vol. ^1,V^.0V0,G\1,.
»ll]
35 GEORGE III.
Trial of Thonuu Hardy
[918.
must come from tlie priAoner. -In that case
t)ie Crown would rest uuon the conspiracy to
depose, which would oe primA facie and
cogent evidence of the compassing, and leave
the liard task of rebutting it, on the defend-
ants :^I say the hard task, because the case
put IS of a direct rebellious force, acting against
the king ; not only abro^tinc his authority,
but imprisoning and expelling his person from
the kingdom. I am not seeking to abuse the
reasons and consciences of juries in the exa-
mination of facts, but am only resisting the
confotmding them with arbitrary propositions
of law.
Gentlemen, I hope I have now a right to
consider that the existence of the high treason
diarged against the unfortunate man before
you, is a matter of fact for your consideration
upon the evidence. — To establish this point,
has been the scope of all that you have been
listening to, with so much indulge ne'e and
patience. It was my intention to have farther
supported myself, by a (:reat many autliori-
ties, which I have been laboriously extracting
from the different books of the law; but I
find I must pause here, lest I consume my
strength in this preliminary part of the case,
and leave the rest defective.
Gentlemen, the persons named in the in-
dicUnent, arc charged with a conspiracy to
subvert the rule, order, and government of
this country; and it is material that you
should observe most particularly the means
by which h alleees this purpose was to be ac-
complished.— The charge is not of a con-
spiracy to hold the convention in Scotland,
which was actually held there ; nor of the
part they took in its actual proceedings ; but
the overt act, to which all the others arc sub-
sidiary and subordinate, is, a supposed con-
spiracy to hold a convention in England^ which
never in fact was held ; and consequently all
the vast load of matter which it has been de-
cided you should hear, that does not immc-
diatel;? connect it'velf with the ch^irge in ques-
tion, is only laid before you (as the Court has
repeatedly expressed it) to prove that in point
of fact such proceedings were had, the quality
of which is for your judgment ; and as far,
and as far only, as they can be connected with
the prisoner, and the act which he stands
charged with, to be left to you, as evidence of
the intention with which the holding of the
second convention was projected.
This intention is therefore the whole
< ause — for the charge is not the agreement to
hold a convention, which it is notorious, self-
evident, and even admitted that they intended
to hold ; but the agreement to hola ilfor the
pyrpose alleged^ of assuming all the authority of
the statCf and in fulfilment of the main inten^
Hon against the life rf the king. ^ Unless,
therefore, you can collect this double intention
from the evidence before jrou, the iodictiiient
is not maintiined.
Geiitbv-» •»-
involved beyond all controversy, and wLlhin
the certain tnowledse of the conspirators, the
lives of every soul ttiat was engaeed in it;
the first observation which I shall make to
you (because in reason it ousht to precede all
others) is, that every act aone by the pri-
soners, and every sentence written by them,
in the remotest degree connected with the
charge, or offered in evidence to support it,
were done and written in the public face of.
the world: — the transactions which consti-
tiite the wlK>]e Ixnly of the proof, were not
those of a day, but in regular series for two,
years together; they were not the peculiar
transaction of the pnsoners, but of immense
bodies of the king's subjects, in various parts
of the kingdom, assembled without the
smallest reserve, and givinic to the public,
through the channel of the dally newspaoers,
a minute and repilar journal of their wnolc
proceedings. Not a syllable liave we heard
read, in the week's imprisonment we have
suflcrcd, tliat we had not all of us read for
months and months before the pro^secuUon
was heard of; and which, if we are not suffi-
ciently satiated, we may read asain upon the
file of every coffee- house in the Kingdom.-»It
is admitted distinctly by the crown, that a re-
form in the House of Commons is the osten-
sible purpose of all tlie proceedings laid before
you ; ana that the attainment of that object
onlv, is the grammatical sense of the great
body of the written evidence. — It rests there-
fore witli the crown, to show by leoal paoos
that this OSTENSIBLE purpose, and the wbole
mass of correspondence upon the table, was
only a cloak to conceal a hidden machination,
to subvert by force the entire authorities of the
kinp;dom, and to assume them to themselves.
Wh'olher a rcl'onn of parliament be a wise or
an unwise expedient ; u hot her, if it were ac-
complished, it would ultimately be attended
with benefits, or dangers, to the country, E
will not undertake to investi£;ate, and fur tliis
plain reason ; because it Is wholly foreign to
the subject before us.— But when we are^
trying the integrity of uicn*s intentions, and
are examining whether their complaintk of
defects in the representation of the [louse of
Commons, be bondfide^ or only a mere sleJk-
ing- horse for treason and rebelfioo, it becoanes
a most essential inquirv, whether they be the
first who have uttered these complaints;—*
whether they have taken up notions for the
first time, which never occurred to others;
and whether, in seeking to interfere practi-
cally in an alteration of the constitution, they
have manifested, by the novelty of their coD-
(hict, a spirit inconsistent with affection for
the government, and subversive of its autho-
rity. Gentlemen, I, for one, confess (fbri
think the safest way of defending a versoa
for his life before an enlightened trtbunaJ^ is to
defbnd him ingenuously), I, for one, ccmAss
dial it the defects in the constitution of psr-
are the sulyect of tho wrimn^
»?«■?*•
91^
Jot High Trmsoih
fore you, had never occurred to otiicr pefsons
at other times, or, if not new, they had only
existed in the history of former conspiracies,
I should be afraid you would suspect, at least,
that the authors of them were plotters of mis-
chief.—In such a case I should naturally ex-
pect that you would ask yourselves this ques-
tion— Why should it occur tu the prisoner at
the bar, and to a few others in the year 1794,
immediately after an important revolution in
another country, to find fault, on a sudden,
ivith a constitution which had endured for
am, without the imputation of defect, and
vnich no good subject had ever thought of
touching with the busy hand of reformation }
I candidly admit that such a question would
occur tu the mind of every reasonable man,
and could admit no favourable answer. — But
surely this admission entitles me, on the
otfier hand; to the concesbion, that if, in com-
paring their writings, and examining their
conduct with the writings and conduct of the
best and most unsuspected persons in the best
and most unsuspected times, we find them
treading in the paths which have distinguished
their highest superiors; if we find them only
exposing the same defects, and pursuing the
same or similar courses fur their remavd,^it
would be the height of wickedness and injus-
tice to torture expressions, and pervert con-
duct into treason and rebellion, which had j
recently liflcd up others to the love of the '
nation, to the confidence of the sovereign, \
and to all the honours of the state. The na- ;
tural justness of this reasoning is so obvious, i
that we have only to examine the fact ; and,
considering undfT what au«>pircs the prisoners
are brought bcl'urc you, it may be fit that I
should set out with reminding you, that the
Seat earl of Chatham began and established
c fame and glory of his life upon the very
cause in which my unfortunate clients were
engaged, and that he left it as an inheritance
to the present minister of the crown, as the
foundation of his fame and glory atler him.;
and his fame and glory were accordingly
yaised upon it ; and if the crown's evidence
had been carried as far back as it might have
been (for the institution of only one o( the two
London Societies is before us), you would
bave found that the Constitutional Societ;^
owed its earliest credit with the country, if
not its very birth, to the labour of the present
minister, and its professed principles to his
grace the duke of Kichmond, high also in his
miyesty's present councils, whose plan of re-
Sam has been clearly established by the
whole body of the wntten evidence, and by
every witness examined for the crown, to
bave been the type and model of all the so-
Mties in the supposed conspiracy, and uni-
Ibniily acted upon in form and in substance
tg; the prisoner )>efore you, up to the very
geriod of his confinement.
Genllemen, the duke of Richmond's plan
WS. universal suffirage and annual parlia-
IIMto; .tnd iirgod loo with a boldness^ which,
VOL. XXIV.
A. D. 1794. [914
when the comparison comes to be made, will
leave in the back ground the strongest figures
in the writings on the table. — I (To not say
this sarcastically ; I mean to speak with the
greatest respect of his Grace, both with regard
to the wisdom and integrity of his conduct ;
for although J have always thought in politics
With the illustrious person whose letter was
read to you; although I think, with Mr. Fox^
that annual parliaments and universal sufirage
would be nothing like an improvement in tho
constitution ; yet I confess that I find it easier
to sav so than to answer the duke of Rich-.
mond's arguments on the subject ; and I must
say besides, speaking of his grace from a long
personal knowledge, which besan when I was
counsel for his relation lord Keppcl, that, in-
dependently of his illustrious rank, which se-
cures him against the imputation of trifling
with its existence, he is a person of an en-
larged understanding, of extensive readings
and of much refiecUon ; and that his book
cannot therefore he considered as the effusion
of rashness and folly, but as the well-weighed,
though perhaps erroneous, conclusions drawn
from the actual condition of our affairs, viz.
that without a speedy and essential reform ia
parliament (and there my opinion goes along
with him^ the verv being oftlie country, as a
sreat nation, would be lost. This plan of the
duke of Richmond was the grand main spring
ofevery proceeding we have to deal with; — ^you
have haa a great number of loose conversations
reported from societies, on which no reliance
can be had ; sometimes they have been gar^
bled by spies, sometimes misrepresented by
ignorance ; and even, if correct^ have fre-
(jiientlv been the extravagances of unknown
individuals, not even uttered in the presence
of the prisoner, and totally unconnected with
any design; for whenever their proceedings
are appealed to, and their real object examined,
by living meuibcrs of them, brought before
you by the crown, to testify them under the
most solemn obligations of truth, they appear
to have been following, inform and in sic^*
fiance, the pian» adopted within vur memorieM^
not only bif the duke of Richmond, but 6y hun*
dreds of the most eminent men in the kingdom.
Thediike of Richmond formally published hia
fjlan of reform in the year 1780, in a letter to
ieutenant colonel Sharman, who was at that
time inractically employed upon the same object
in Ireland ; and this is a most material part
of the case ; because you are desired to believe
that the terms Convf.ntion, and Delegates,
and the holding the one, and sending the other,
were all collected from what had recently hap-
pened in France, and were meant as the
formal introduction of her republican consti-
tution : but they who desire you to believe
all this, do not believe it themselves ; because
they know certainly, and it has indeed already
been proved by their own witnesses, that con-
ventions of reformers were held in Ireland,
and delegates regularly sent to Vlbyeoi^ niVv;\iX
France ^as undet xXx^^oaua^'^v^^'^VK-aais^.'Q^
3N
915]
35 GEORGE III.
Trial of Thomat Hardy
[910
govcromcnt. — ^Thny knew full well that colo-
nel Sharman, to whom the dukc*s lelter was
addressed, was at that very moment supporting
a convention in Ireland, at the head often thou-
sand men iuarms, for tiie dcfenceof their coun-
try, without any commission from the king, any
more than poor I- ranklow had, who is now in
Newgate, for regimenting sixty. — These vol-
unteers asserted and saved the liberties of
Trcland; and the king would, at this daVi have
had no more suljccts in Ireland than he now
ha(i in America, if they had been treated as
traitors to the Government. — It was never im-
puted to colonel Sharman and the volunteers,
that they were in rebellion ,— yet they had
arms in their hands, which the prisoners never
dreamed of having ; whilst a grand general
convention was actually sitting under their
auspices at the royal Exchange of Dublin, at-
tended by regular delegates from all the coun-
ties in Ireland. — And who were these dele-
gates ? — I will presently tear oti' their names
trom this paper, and hand it to you. — ^They
uere the greatest, the best, and proudest
names in Ireland; — mcnwholiadthe wisdom
to reHect (before it was too late for reflection)
that greatness is not to be supported by tilting
At inferiors, till, by the separation of the
higher from the lower orders of mankind,
every .distinction is swept away in tlie
tempest of revolution ; but in the happy
hannonization of the whole community ; by
conferring upon the people their rights ; sure
of receiving the auspicious return ot affection,
and of ensuring the stability of the govern-
ment, which is erected upon that just and na-
tural basis.^GcntlciiKn, they wlio put tliis
tortured construction on conventions and de-
legates, know also that repeated meetings of
reforming societies, both in Knglund and
Scotland, had assumed about the same time
the^ty!f of conventions, and had been attended
by reguhir deb-gates, long before the phrase
had, or c(»nld have, any existence in Trance;
and that upon the very mo<lel of tiiese former
associations a formal convention wasartually
sitting at Kdinbiirgh, with the lord chief
baron of Scotland in the chair, fur promoting
a reform in parliament, at the very niomeni
the Scotch Convention, following its example,
assumed lluit title.
To return to this letter of the duke of Rich-
mond:—It was written to colonel i?harman,
in answer to a letter to his grjce, desiring to
know his plan of reforin, whi( h he acconl-
incly tonununicatcd hy the letter which is in
evidence ; and wiiich plan was neither more
nor Ifs- than that adopted bv ihi pri<oiiri<, (»f
surround :n.: parliament (nnwilhng to r» tl-rm
il«» own c«::riiptionO, not !)y armed men, or
by importunate ninhitndes/hut l;y the still
and \mi\fr>:il voice of a whole piH)pIe t i.aim-
IKO rnriii known and VNAnrxAni.t kichits.
— ^Thisis so preeisriy the ]'l.in of the duke of
Kichmond, til It 1 have almost l)orrowcd his
expressions, liia grace tays, ** The le»er re-
Hjrui has been attempted withctery vmuUo
advantage in its fevour^ not only from the
zealous support of the advocates for a more
effectual one, but from the assistance of men
of great weight, both in and out of power.
But with all these temperaments and helps
it has failed. Not one proselyte has been
gaineil from corruption, nor has the least ray
of hope been held out from any quarter that
the Mouse of Commons was inclined to adopt
any other mode of reform. The weight of
corruption has crushed this more gentle, as it
would have defeated any more efficacious plan
ill the same circumstances. From that quarter,
therefore, I have nothing to hope. It is froh
THE PEOPLE AT LARGE THAT I EXPECT AWT
GOOD : — and I am convinced, that the only
way to make them feel that they are real^
concerned in the business, is, to contend
for their /u//, clear, and indisputable rights of
universal representation.'* Now how doe9
this doctrine apply to the defence of the pri-
soner?—I maintain that it has the most de-
cisive application ; bec^pse this book has been
put into the hands of the crown witnesses,
who have one and all of them recognised i^
and declared it to have been, bojtd fide, the
plan which they pursued.
But are the crown's witnesses worthy of
credit? — If they arc not, let us return home,
since there is no evidence at all, and the cause
is over. — All the guilt, if any there be, pro-
ceeds from their testimony ; if they are not
to be believed, they have proved nothing;
since the crown cannot force upon you that
part of the evidence which suits its purpose,
and ask you to reject the other which tloos not.
The witnesses are either entirely credible,
or undeserving of all credit, and 1 have no iii-
terctt in the alternative. This is precisely the
state of the cause. — For, with regard to all the
evidence that is written, let it never be for-
gotten, that it is not upon me to defend my
clients against it, hut for the crown to extract
fnmi it the materials of accusation. — ^Ihoy
do not contend that the treason is upon the
i surface of ir, hut in the lutait intention ; which
! intention must, therefore, be supported by cx-
I trinsicproof; butwhich is nevertheless directly
! negatived and beat down by tvcpt* witness
I they have called, leaving them nothing but
: conunentarits and critici^nis against both fart
! and language, to which, for the present, I
I shall content myself with replying in the
! authoritative Km^uage of the C'ourt, in the
; earliest staice of the proceedings :
'* U there be ground to consider the pio-
fessed purpo>eofany of these associations,*
rvfor:/} m jn.rliamcnt^ as mere colour, and as >
pretext held out in order to cover deeper de-
^iJ:ns — de^iiinN against the whole constitutkm
: and government of the country; the case of
, those embarked in such doigns h that which
I have already considered. Whether this bt
so, or not, is mere matter of fact ; as to which
j I sliall only rcmiud you, that an inquiry into
I a charge oVthis nature, which undertakes M
out thatthe ostensible purposcis anm
917] f» High Treason.
ircily under which is concealed a traitorous
conspiracy, requires cool and deliberate exami-
nation, and the roost attentive consideration;
and that the result should be perfectly clear
and satisfactory. In the afiairs of common
liftQy no man is justified in imputinz to another
a meaning contrary to what he nimself ex-
presse&y but upon the fullest evidence." * —
To this (though it requires nothing to support
it, cither in reason or authority) I desire to
add the direction of lord chief justice Ilolt
to the jury, on the trial of sir John Parkyns :
^ Gentlemen; it is not fit that there should
be any strained or forced construction put
upon a man's actions when he Is tried for his
life. You ought to have a full and satisfac-
tory evidence that he is guilty, before yuu
pronounce him so/*t
In thb assimilation of the writings of the
aocicties to the writings of the duke of Ricli-
mond and others, I do not forget that it lias
been truly said by the lord chief ju^iticc, in
tlkc course of this very cause, tliat ten or
twenty men*s committmg crimes, furnishes
no defence for other men in committing them.
Certainly it does not; and I fly to no such
sanctuary; but in trying the prisoner's in ten-
tionsy and the intentions of those with whom
he associated and acted, if I can show them
to be only insisting upon the same principles
that have distinguished the men most emi-
nent for wisduu) and virtue in the country, it
will not be very easy to declaim or areue
them into' the pains of death, whilst our bo-
soms are glowing with admiration at the
Works of those very persons who would con-
demn them.
Gentlemen, it has been too much tlie
fashion of late to overlook the genuine source
of all human authoritv, but more especial Iv
totally to furget the character of the British
House of Commons as a representative of the
people ;— whether this lias arisen from that
assembly's having itself forgotten it, would
be indecent lor me to inquire into or to in-
umiate ; — but 1 shall preface the authorities
which I mean to collect in support of the
prisoner, with the opinion on tliat subject of
a truly celebrated writer, of whom I wish to
Speak with great respect : I should, indeed,
be asliamed, particularly at this moment, to
name liim invidiously, while he is benaing
beneatli tlie pressure of a domestic misfor-
tune, which no man out of his own family
laments more sincerely than I do.^ — Mo
dificrencc of opinion can ever make me
&rget to acknowledge the sublimity of his
genius, the vast reach of his understanding,
aiul his universal acquaintance with the his-
tories and constitution of nations ; I also dis-
avow the introduction of the writings, with
.^ — ■ ■ ' ■ --I . ■ ..
•Sea Lord Chief Justice Eyre's charge to
f^ grand jury, who found the indictment,
aaf2p.305.
. 1 i< See Vol. IS, p. 132 of this Collection.
. {. Mr.' Bttrkc*s son was then dying.
A. D. 1794.
[918
the view of involving the author in any ap-
parent inconsistencies, which would tend,
mdeed, to defeat rather than to advance my
purpose. — I stand here to-day to claim at
your hands, a fair and charitable inlerpreta^
tion of human conduct, and I shall not set
out with giving an example of uncliaritable-
ncss. — A man may have reason to change
his opinions, or perhaps the defect may be m
myself, who collect that they are changed ; I
leave it to God to judge of the heart— my
wish is, that christian cl^arity may prevail ; —
that the public harmony, which has been lost,
may be restored ;— that all England may re-
unite in the bonds of love and affection ; —
and that when the court is broken up by the
acauitUil of the prisoners, all heart-burnings
ana animosities may cease ; — that, whilst yet
we work in the light, we may try how we can
save our country by a common effort ; and
that, instead of shamelessly setting one half
of society against the other by the force of
armed associations, and the terrors of courts
of justice, our spirits and uur strength may
be combined in the glorious cause of our
country.— By this, I do not mean in the
cause of the present war, whicli I protest
against as unjust, calamitous, and destructive;
but this is not the place for such a subject, I
only advert to it to prevent mistake or misre-
presentation.
The history and character of tlie English
House of Commons was formerly thus de-
scribed by Mr. Burke ; *' The House of Com-
mons was supposed originally to be no part of
the stattding ^(rvernment of this country, but
was considered as a control issuing ihimtdiatelif
from the people, and speedily to be resolved
into the mass from whence it arose: in this
respect it was in the higher part of govern-
ment wliat juries are in the lower. The ca-
pacity of a magistrate being transitory, and
that of a citizen permanent, the latter capst-
city, it was hoped, would of course prepon-
derate in all discussions, not only between
the people and the standing authority of the
Crown, but between the people and the fleetr
ing authority of the House of Commons itself.
It was hoped, that, being of a middle nature,
lictween subject and government, they would
feel with a more tender and a nearer interest,
every thing that concerned the people, than
the other remoter and more permanent parts
of legislature.
*' Whatever alterations time and the neces-
sary accommodation of busiucss mav have
introduccfl. this character can never he sus*
tained, unless the House of Commons shall
be made to bear some stamp of the actual dis-
position of the people at large : it would
(amonz public misfortune^) be an evil more
natural and tolerable, that the House of Com-
mons should be infected with every epide-
mical frenzy of tlie people, as this would indi-
cate some consanguinity, some sympathy of
nature with their constitucQU^\2cciax>\\aX>^^
hhguld^ in all c%m%, \j^i >MVksA\^ >3®L\»MiB«" * *"
019]
36 GEORGE m.
the opinions and feelines of the people out is€
doors. By this want of sympathy, they would
cease to he a House of Commons.
" The virtue, spirit, and essence of a Hou<ie
of Cominons, consists in its being the express
iroa^ofthe feelings of the nation. It was
not nistituted to be a control upon tlic people,
as of late it has been taught, bv a doctrine of
the tiiost pernicious tendency, but as a con-
trol for the people."
He then goes on to sav, that to give a
technical shape, a colour, dress, and duration
4o popular opinion, is the true office of a House
of Commons. — Mr. Burke is unquestionably
correct; — the control upon the people is fhe
king's majesty, and the hereditary privileges
of the peers ;— the balance of the state is Sie
control Foil the people upon both, in the
.existence of the House of Commons *— but
bow can that control exist foe the people, un-
less they have the actual election ot the House
of Commons, which, it is most notorious, they
have not? — I hold in imr hand lei state of the
representation which, if the thing were not
otnerwie.e notorious, I woidd prove to have
been lately ottered in proof to the House of i
Triai of Thtnmu Hardy ^
and much betterthan td the iimes'irtfeB tbe
honourable j^ntleman wrote his Irndk^; 4at
we are now in the heart and bowdi of KM^
ther war, and eroaning under its additioMl
burdens.-— I sh^l therefore leare it to Ihe
learned eentleman, who is to reply, toihiNr
us what has happened since our author wroli^
which renders the parliament less HsMt ti
the same observations now.
*' It must be dways the wish of anwMoii-
stitutional statesman, that a House of Com-
mons, who are entirely dependent upoa him,
should have every right of the peo^ eociiely
dependent upon their pleasure. For it w»
soon discovered that^the forms of a free, and
the ends of an arliitraiy govemmenft^ were
thines not altogether incompatible.
" The power of the Crown, almost dead and
rotten as prerogative, has grown up auew,
with much more strength and far less odium,
under the name of influence. — An infiucno^
which operated without noise and violence ;
which converted the very antagonist into the
instrument of power ; which contained in it-
self a perpetual principle of growth and reno-
vation ; and which the distresses and the
prosperity of tlie coimtry equally tended to
Commons, by an honourable friend of mine . . _
pow present,* whose motion I had the honour j augment^ was an admirable* sulMtitute Ibra
to second, where it appeared that 12,000 i prerogative, that, being only the offspring of
{Neoplc return near a majority of the House of | antiquated prejudices, had moulded in ilsori-
tlommons, and those again, under the control
of about 300. But though these facts were
admitted, all redress, and even discussion, was
refused. — What ought to be said of a House '
of Commons that so conducts itself, it is not
for me to pronounce ; 1 will appeal, therefore, .
to Mr. Burke, who says, <* that a House of ■
Commons, which in all disputes between the
people and administration presumes against .
the people, which punishes their disorders, .
but refuses even to inquire into their provoca- >
tions, is an unnatural, monstrous state ofj
things in the constitution." {
But this is nothing: Mr. Burke goes on
afterwards to give a more full description of
Parliament, and in stronger language (let the
Solicitor General take it down for his reply),
than any that has been employed by tnose
who are to be tried at present as conspirators
against its existence.— I read the passage, to
ginal stamina irresistible principles of decay
and dissolution.*'*
What is this but saying that die House of
Commons is a settled and scandalous abuse
fastened upon the people, instead of being
an antagonist power /br their protection; an
odious mstrumcnt ol power in the hwds of
the Crown, instead of a popular balance
against it ? Did Mr. Burke mean that the
prerogative of the crown, properly understood
and exercised, was an antiquated prejudice?
Certainly nut; because his attachment to t
properly balanced monarchy is notorious >-
why then is it to l>e fastened upon the pri-
soners, that they stigmatize monarchy, when
tliey also exclaim onlt/ atainst ittcarntptknuf
In the same manner, when he speaks of the
abuses of parliament, would it be fair in Mr.
Burke to argue, irom the strict legal meaning
of the expression, that he included, in tbe
warn you acainst considering hard words j censure on parliament, the king's person, or
again<>t the House of Commons as decisive majesty, which is part of ' ' '" ' "
the parliament? In
examining the work of an author }*ou must
collect the sense of his expressions from the
subject he is discussing ; and if he is writing
contents ; and such discontents will always of the House of Commons as it afiects the
evidence of treason against the King. — The
passage is in a well-known work, called,
Thoughts on the Causes of the prfsi nt Dis-
be pnisF.bT, whilbt their causes continue.
The word pkesf.st will apply just as well note.
• Mr. Charles Grey, afterwards second carl
Grey: hut on the subject of a Parliamentary
Reform, see the opinions expressed by k)rd
Grey and Ion! Krskinc in the House of Peers,
see HausanTs Parliamentaiy l>ct>atcs, vol.
96jP-P 4«5,4R(i.
X See jnnke^ Works, Vol. 9, p. SQ9| cd. 0f
S60B.
structure and efficacy of the government, yoa
ought to understand the word parliament so
as to meet the s^cnse and obvious reeanxra of
the writer.— Why then is this common jt*
tice refused to others ?—W hy is the word paiu*
meut to be taken in its strictest and least ob-
vious sense against a poor shoe-maker or any
plain tradesman at a Sheflieldclub^ wliili ittt
^^J^ Burked Woifa, Vol. t, p. «9,«d.rf
SBl] Jt^ High Tftuzfm.
Ititer^ctctl in iu vopukn though less rorre«fl J
^CMptUioOf 10 the W"^- ^* »^ - "• ♦ <«-«r' "
»f
■'N
fe;
^h.
I anient fhtou;ihout,
•lie House of Cora-
oncomitant words which
u, iMjt the ^tn^i* oflm
purtmment ih
the prison* T m meaning; some i
tlic Huitse of * V, whvu it c^a
no poMililc in< ,uij{| it; fsince i
in the I ^^ tnd il is joined ;
tlie H t .'iii« o/'rV peo///r ; —
>n ui me people in piirlia*
lol litis mosi palpahly mcicn
1 ^^onimons, when we know thjrt
have no re pre sen la I ion in ctlher
. ...*.cr branches of the government >
idler has been read in evidence from
Hardy lo Mr. Fox, where he says their
set wivs universal repnesentatioi). Did
Fox swpjiose, when he received this letJer^
ml it wni trum a neM of republicans, cla-
ittrinjr ptibiicl}* forun universal repre^senta-
r hiiion like that of France?— If he
1 he have tent the answer he did,
^rucd 10 t>re«*enl I heir petition? — They
hQ lo tfie Sockly of the Friends of Ihc
»nd invited llicm t > ' ' ■ jos to
nvfcniion : — the at i who
,dc honourable anu ^..lu^ini inunnun of
y, will not bupjKJSethat it woidd have
^..A n-> I! .^.ih refusing the invitation
and regard, if, with all
t .: ^ . , \ lad of ineir transactions,
Ihey hiid conceivrd themt^elves to have been
invited to iht formniiou of a body, which was
ovcr-rule and extinguish all the authorities
if the state : yet upon the perversion of these
two terms, parhamenl and convention^ against
tlirir niittirnl interpretation, against a similar
\i Ml by others, and ftgamst the solemn
* I of them by trie Crown's own
iincvses, this whole fabric of terror and ac-
tion stands for its support : letters, it
ins, written to olhr ' - - ^ 'r nreto be better
iindcr»»tot«d by the ri round this
ifi^'" ^^I'T' r>* "f>r Situ ..., wi .lil months after
I. if-n, than by those to whom
t L-5edand wnt; and no right
ii ion, forsooth, is lo be expected
J) I igs when pursued in their regulsr
a, but they arc to be made distinct by
ing them op in a large volume, alongside
others totally unconnected with them, and
very existence of whose authors was un-
,ogwn to one unother,
I will now, trtuliemfii, resume the reading
pt ' ; Mr. Burke, and a pretty
ime parliament : '* Th^y
wvii ii'jt Lumutni Ihc*' • '-Tf-t to the
good, and eitinot t by the
igRf ive of the crown, i*^ .. ^Jw^ied ft new
They have lotJiUy abandoned the shal-
and old-fa<ihtan«a fortreas nf pteroja*
liv«| and made a lodgmeol m tha sUOJig-hold
jiL.
m 1
not
of parliament itself If they have any evfl
.i^c^-T^ «- ,.,t.;.i, .1,^.,. ,. ^o ordinary leg^al
'ring it into par*
\s executed trom
• id the power at
j'e, and the safety
t; no rules to confine^
itmfy. Fur parliament
iiiot, win* tiny peal projiriety, punUh
.tTs, for things in which they themselves
Lave been u Thus its control
upon the e%i ^ i r in lost."*
This i I It is not
Ibdt thr I under thi*
or that kiniii;! t\! LY, that
the people I ie House of
Commons, it mi* mmu ^(.lui up and say
that he disbelieves tliis to he the case; I be-
li* v#» Ur would ftnd nobody to believe hitn,
rc pursues the subject thus : *• The
I L ,<TS of monarchy vt'cif' llir great sub-
jects of apprehension an m the la*t
century — m thh^ the H ,^ of parlia-
ment/* Here the word p^triiament, and the
abuses beloocjing to it, arc put in express Ofw
posilion lo the monarchy, and cannot tliere-
fore comprehend it ♦ the distempers of parha-
■ment then art ' f serious uptrrehensi on
and redress, i '; m pers P N ot of thti
or that ye-dr, rtni uu- habitual distempers of
parliament; and then follows the tkatonre of
the remedy, which shows that the prisoneri
are not singular in thinking that it rs by the
VOICE OF rnz i-topir only that parHament
can be corrected, •• It is not in parliament
alone," sav*^ ^Ir. Hurler. *• th:ii the remedy
for pari i 1 ■ omplctcd ;
and harli ^ hctc. Until
a confidence lu }>overnnicul U re-established,
Uie people onc^ht to be excited lo a m^tt
strict and dc ^ nlion to the conduct
of their rept^ Standards for jiid|«-
ing rnorc Tsyjitematica^j " inrt
ought to be settled in i n-
ties and corporations, ana trequeni and cor-
rect lists o( the voters in nil important ques^
tions, ought to be procured. By tuch ftteans
fomcthing may be done.^'f
It was the same sense of the trnpotsibility of
a reform in parliament, without a seneMlric-
pression of tne wishes of the people, that He*
tated the duke of Richmond's Letter : aJI tht
petitions in I7nn had been rejected by parlia-
ment;— ' the duke of RicVimond ex-
claim, ti iliai qnarter no redrcsa wfii
to be expected, and that from the people affm$
he expected any ^ood ; and he, therefore, cir-
p^s^ly mvitetl them locbim and I
^ual representation an their ind*
unahen'it " ' ' ' ' w to as'^ni inni
rights, V t alreafly refti^ed
Ihem wkm -u, ^..1! i-,,c i.i^i'e.as the duke w-
pressed it, of listening to them any more f
• See Burkc*8 World, Vol. «, p. Mi, ed.
of laoB,
t Sd« Burked W^t^vNtK,^^\.^\V
i
923]
35 GEORGE III.
Trial of Thmaa Hardy
[93/k
Could the people's rights, under such circum-
stances, be asserted without rebellion? Cer-
tainly they might: for rebellion is, when
bands of men within a state oppose them-
fielves, by violence, to the general will, as ex-
pressed or implied by the public authority ;
but the sense q\'^ whole people, peaceably col-
lected, and operating by its natural and cer-
tain cfTect upon the public councils, is not re-
bellion, but 15 paramount to, and the parent
of, au Ihority i tsel f .
Gentlemen, I am neither vindicating, nor
speaking, the language of inHammation or dis-
content;— I shallspeak nothing that can dis*
turb the order of the state ; I am full of devo-
tion to its dignity and tranquillity, and would
not for worlds let fall an expression in this or
in any other place that could lead to disturb-
ance or (lisonler:^but for that very reason, I
speak with firmness of the rights of tue
PEOPLE, and am anxious for the redress of
their complaints ; because I believe a system
of attention to them to be a far better security
and establishment of every part of the govern-
ment, than those that are employed to pre-
serve them. — ^rhe state and government of a
coimtry rest, for their support, on the great
body of the people, and 1 nope never to hear
it repeated, in any court of justice, that peace-
ably to convene the people upon the subject
of their own privileges, can lead to the de-
struction of ttie king : — they are the king's
worst enemies who hold this language. — It is
a most dangerous principle, that the crown is
in jeopardy, if the people are acquainted with
their rights, and that the collecting tliem to-
getlier to consider of them, leads mevitably
to the destruction of the sovereign.— Do these
gentlemen mean to say that the king sits
upon his throne witiiout the cuiiscnl, and in
defiance of the wishes of the great body of his
people, and that he is kept upon it by a few
individuals who call themselves his friends,
in exclusion of tlic rest of his subjects ? — Has
tlic king's inhcri lance no deeper or wider
roots tlian this? Yes, gentlemen, it has — it
stands upon the love of the pcoplo, who consi-
der their own inheritance to he supported by |
the king's constitutional authority : this is >'
the true prop of the throne ; and the love of
every people upon earth will for ever uphold i
a government, founded, as ours is, upon nni-
son and consent, as long as government shall '
be itself attentive to tlie general inlcresls
which are the foundations and tlie ends of all
human authority. — I^t us banish then those
unworthy and impolitic fears of an unrestrain-
ed and an enli<^htened people ;— let us not
tremble at the rights of man, but, by giving
to men th«ir ri^^its, secure their atfections,
and,tlirough their afibct ions, their obedience ;
— ^let us not broach the dangerous doctrine
that the rights of kings and of men are incom-
patible.— Our government at the Revolution
Decan upon their liarmunious incorporation ;
and Mr. Locke defended king William's title
upon no other priocipie ihaa.the nghta. of
men. It is from the revered work of Mr.
Locke, and not from the revolution in France,
that one of the papers in the evidence, the
most stigmatized, most obviously flowed ; for
it is proved that Mr. Yorke held in his hvid
Mr. Locke upon government, when he deli-
vered his speech on the Castle- hill . at Shef-
field, and that he expatiated largely upon it ;
— well, indeed, might the witness say he ex-
{>atiated largely, for there are many well-se-
ected passages taken verbatim from the book;
and here, injustice to Mr. White,* let me no-
tice the fair and honourable manner in wluch,
in the absence of tlie clerk, he read this ex-
traordinary performance. lie delivered it not
merely with distinctness, but in a manner so
impressive, that, I believe, every man in
court was affected by it.
Gentlemen, I am not driven to defend every
expression ; some of them are imdoubtedly
improper, rash, and inflammatory ; but I see
nothing in the whole taken together, even if
it were connected with the prisoner, that goes
at all to an evil purpose in the writer. But
Mr. Attorney General ha<^ remarked upon
tliis proceeding at Sheffield (and whatever
falls from a person of his rank and just esti-
mation, deserves great attention), he has re*
marked that it is quite apparent they had re-
solved not to petition. — ^Tneyhadcertiunly re-
solved not at that ieason to petition, and that
seems tlie utmost which can be maintained
from the evidence. — But supposing they had
negatived tlie measure altogetner ; is there no
way by which the people may actively asso-
ciate for the purposes of a reform in parlia-
ment, but to consider of a petition to the House
of Commons? Might they not le^rally as-
semble to consider the state of their liberties,
and the conduct of their representatives ? —
Might they not legally forn* conventions or
meetings (for the name is jubt nothing) toad-
just a \nnn of rational imion for a wise choice
of representatives when parliament should be
dissolved ? — IMay not the people meet to con-
sider their interests preparatory' to, and inde-
pendently of, a petition forany s|)ecific object?
— My Iriend seems to con^der the House of
Coinmons as a substantive and permanent
part of the constitution ; — he seems to forget
that the parliament dies a natural death ; —
that the people then re-enter into their rights*
and that the exercise of them is the most im-
{)ortant duly that can belonij to social man :—
low are such duties to be exercised w ith effect,
on momentous occasions but by concert and
communion? — ^lay not the people assembled in
their elective districts, resolve to trust no lon-
ger those by whom they have Ix en betrayed ?
ilay they not resolve to vote for no man who
contributed by his voice to this calamitous
war, which has thrown such grievous and un-
necessary burtliens upon them ? May they
not say, ** We will not vote for those who
* Ai the time of this trial solicitor to the
tregsuiy. •
\
925]
for High Tr$ason.
deny wc are their constituents; not for those
who Question our clear and natural right to be
equally represented ?" — Since it is illegal to
carry up petitions, and unwise to transact any
public business attended by multitudes, be-
cause it tends to tumult and disorder, may
tliey not, for that very reason, <leputc, as they
have done, the most trusty of their societies
to meet with one another to consider, without
the specific object of petitions, how they may
claim, by means which are constitutional,
their imprescriptible rights? And here I
must advert to an argument employed by the
attorney-general, that the views of the socie-
ties towards universal suH'ragc, carried in
themselves (however sought to be effected)
an implied force upon parhament : — for that,
apposing by invading it with the vast pres-
sure, hot of the public arm, but of the pub-
lic sentiment of the nation^ the influence of
ivhich upon that assembly is admitted ought
to be weighty, it could have prevailed ujjon
the C'ommuns to carry up a bill to the king
lor universal representation and annual par-
liaments, his majesty was bound to reject
h ; and could not, without a breach of his
coronation oath, consent to pass it into an
act;— I cannot conceive where my friend
met with this law, or what he can possibly
mean by asserting that the king cannot, con-
sistently with his coronation oath^ consent
to any fuw that can be stated orimagmed, pre-
sented to him as the act of the two Houses of
parliament: —lie could not, indeed, consent
to a bill sent up to him framed by a conven-
tion of dclcj^ates assimung legislative func-
tions ; and if my friend could have proved
that the societies, sitting as a parhament, had
sent up such a bill to his majesty, I should
have thought the prisoner, as a member of
such a parliament, wiis at least in a ditferent
situation from that in which he stands at pre-
sent: but as this is not one of the chimeras
whose existence is contended for, I return back
to ask, upon what authority it is maintained,
tliat universal reprcsenUition and annual par-
liaments coiild not be consented to by the
king, in conformity to the wishes of thcother
brandies of the legislature :— on the contrary,
one of the trcatest mm that tiiis country
ever siiw C(jnsidrred universal representation
to be such au inherent part of the constitution
as that the king himself might grant it by his
prerogative, even without the L^rds and Com-
mons ; and I have never heard tiie position
denied ii})un any other footing than the union
with Scotland.— -Kut he that as it may, it is
enough for my purpose tlial the maxim, that
the king might grant universal representation,
as a right beture inherent in the whole peo-
ple to be represented, stands upon the autho-
rity of Mr. Ixicke, the man, next to sir Isaac
Kewlon, of the greatest strcngtli of under-
standing that i:ngland, perhaps, ever had ;
high too in the favour of king William, and en-
joying one of the most exalted offices in the
ftaie.-*Mr. Locke says, book 2d, ch. 13, sect.
A. D. 179*. r5J26
157 and 158—" Things of this world are in so
constant a flux, that nothing remains long iu
the same state. Thus people, riches, trade,
power, change their stations, flourishing
mighty cities come to ruin, and prove, in
time, neglected, desolate corners, whilst other
unfrequented places grow into populous conn •
tries, filled with wealth and inhabitants. But
things not always changing equally, and pri-
vate interest often keeping up customs and
privileges, when the reasons of them, are ceas-
ed, it of\en comes to pass, tliat in governments^
where part of the legislative consists of repre-
sentatives chosen by the people, that in tract
of time this representation becomes very un^
eqval and disproportionate to the reasons it
was at first established upon. To what gross
absurdities the following of custom, whea
reason has Icfl it, may lead, we may be satis-
fied, when we sec the bare name of a town, of
which there remains not so much as the niiny,
where scarce so much housing as a sheep-
cote, or more inhabitants than a shepherd is
to be found, sends as many representatives to
the grand assembly of law-makers, as a whole
county, numerous in people, and powerful m
riches. This strangers stand amazed at, and
every one must confess needs a remedy."
" Salus popuU suprema /e.r, is certainly 90
just and fundamental a rule, that he who.
sincerely follows it, cannot dangerously err.
If, therefore, the executive, who has the
power of convoking the legislative, observing
rather the true proportion, than fashion or
representation, regulates, not by old custom,
but true reason, the nvmbtr of members in all
places that have a right to be distinctly
represented, which no part of the people,
however incorporated, can pretend to, but in
proportion to the assistance which it affords
to the public, it cannot be judged to have set
up a new legislative, but to have restored the
old and true one, and to have rectified th©
disorders which succession of time had insen-
sibly, as well as inevitably introduced ; for it
being the interest as well as intention of the
people to liave a fiiir and equal representathe^
whoever brings it nearest to that, is an un-
doubted friend to, and establisher of the
government, and cannot miss the consent
and approbation of the community; prcro-
^ative being nothing but a power, in the
hands of the prince, to provide for the pulilic
good, in such cases, which depending upon
unforeseen and uncertain occurrences, certain
and unalterable laws could not safely direct ;
what*ioev«T shall be done manifestly for the
good of the ])eopIe, and the establishing the
government upon its true foundations, is, and
always will lie, just prerogative. Whatsoever
cannot but be acknowledged to be of advan-
taj;e to the society, and people in general,
u|M>nju^tand lasting; mcusnres, will always,
whrn done, justify Itself; and whenever the
people shall choose their representatives ttp<in.
just and undeniably r4uat tneosuTci^^ ^>icw^^.
to lUc on^ma\ ii^icvt f)^ \Vi^ ^^'tttoweoS
987J
35 GEORGE III.
cannot be doubted to be the %v'ill and act of
the society, whoever permilted or caused
tiiem so to do.*' — But as the very idea of
universal suffrage seems now to be considered
not only to be dangerous to, but absolutely
destructive of monarchy, you certainly ought
to be reminded that the book which I have
been reading, and which my friend kindly gives
me a note to remind you of, was written by
its immortal author in defence of king Wil-
liam's title to the crown ; and when Dr.
Sacheverel^ ventured to broach those doc-
trines of power and non-resistance, which,
under the same establishments, have now
become so unaccountably popular; he was
impeached by the |>eople's representatives
for denying their rights, whicn had been
asserted and established at the glorious sra
of the Revolution.
Gentlemen, if I were to ^o through all the
matter which I have collected upon this
subject, or which obtrudes it upon my mind
firom common reading, in a thousand direc-
tions, my strength would fail long before my
du^ was fulfilled ; I had very little when I
came into court, and I have abundantly less
already ; I must, therefore, Inanage what
remains to the best advantage; and shall
proceed, now, to take a view of such parts of
the evidence as appear to me to be the most
material for the proper understanding of the
case; I have had no opportunity of consi-
dering it, but in the interval which the indul-
gence of the Court, and your own, has afforded
me, and that has been but for a very few
liours this morning : but it occurred to me,
that the best use 1 could make of the time
given to me was, if possible, to disembroil
tliis chaos ; to throw out ot" view every thing
irrelevant, which only tended to bring chaos
back again — to take what remained in order
of lime — to select certain stages and resting
places — to review llio effect of the transac-
tions, as brought before us, and then to sec
how the written evidenci^ is explained by the
testimony of tlie witnesses wiio have been
examined.
The origin of the Constitutional Society not
hayine b^n laid in evidence before you, the
diief uiingboth in point uf date, and as apply-
ing to show the objects of the different bodies
is the original address and resolution of the
Corresponding Society on its institution, and \
when it first uegau to correspond with the j
other, which had formerly ranked amongst •
its members so many illustrious persons ; and >
before we look to the matter of this institu-
tion» let us recollect that the objects of it
were j^ven without reserve to the public, as
coatauking the principles of the association ;
and I may begin with demanding, whether
the annals of this country, or indeed the uni*
^rsal history of mankioa. afford ao Jsitaiifir
-4ra pbtaad conspiracy volimtanly fini
in its vttj infanqr to
Tml of Thomai Hardy [99&
whole public, and of which, to avoid the verY
thinv that has happened, the arraijgnraent of.
conouct at a future period, and the imputation
of secrecy where no secret was intended, a
regular notice by letter was left with the
secretary of state, and a receipt taken at the
public office, as a proof of tne publicity of
their proceedinj^, and the sense they enter-
tainea of their innocence. For the views and
objects of the society, we must look to the
institution itself, which you are, indeed, de-
sired to look at by the crown ; for their iu-
tentions are not considered as deceptions in
this instance, but as plainly reveal(»i by the
very writing itself.
Gentlemen, there was a sort of silence in
the Court — I do not say an affected one, for I
mean no possible offence to any one, b«it there
seemed to be an effect expected from begin-
ning, not with the address itself, but with the
very bold motto to it, though in verse :
** Unblest by virtue, government a league
** Becomes, a circling junto of the great
** To rob by law; religion mild, a yoke
" To tame the stooping soul, a trick of state
" To mask their rapine, and to share the prey.
*' Without it, what are senates, but a face
" Of consultation deep and reason free,
** W hile the detcrmin'a voice and heart arc sold ?
" W hat, boasted freedom, but a sounding name ?
'* And what election, but a market vile,
"Of slaves self.barter*d?"
I almost fancy 1 heard them say to me.
What think you of that to set out with ? —
Show me the parallel of that. — Gentlemen, I
am sorry, for the credit of the age we live in,
to answer, that it is dirticuli to find tlie
parallel ; because the age affords no such poet
as he who wrote it :— these are the words
of Thomson : — and it is under the banners olt
his proverbial benevolence, that these men
are supposed to be engaging in plans of
anarchy and murder; under the banners of
that great and ^ood man, whose figure you
may still see m the veneruble shades of
Ila^ley, placed there by the virtuous, accom-
plished, and public -spirited Lyttcltun :— the
very poem too, written under the auspices of
his majesty's royal father, when heir- apparent
to the crown of Great Hrilain, nay, within the
very walls of Carlton-house, which afforded an
asylum to matchless worth and genius in th»
person of this great poet : it was under the
roof of A Prince of Walfs that the poem of
LiiiLRTY was written ; and what better return
could be given to a prince for his protection^
than to blazon, in immortal numbers, the only
sure title to the crown he was to wear— th«
FaEEDOK OF THB PEOPLE OF Grp.AT BRITAlMf
And it is to be auumcd^ foraoolh, in the yetr
17M. that the unroKbMiate ptifloner befm jw
«SeeJustBU,0itf2.ViQL
929]
for High Treason,
A. D- 17M.
1990
men are preparing at this moment (mav my
name descend amongst them to the latest
posterity!) to do honour to his immortal
memory. Pardon me, gentlemen, for this
desultory digression. — I must express myself
as the current of my mind will carry me.
If we look at the whole of the mstitution
itself, it exactly corresponds with the plan of
the duke of Uichmond, as expressed in the
letters to colonel Shamian, and to the high
sheriff of Sussex : this plan they propose to
follow, in a public address to the nation, and
all their resolutions are framed for its accom-
plishment; and I desire to know in what
they have departed from either, and what
they have done which has not been done be-
fore, without blame or censure, in the pursu-
ance of the same object. I am not speaking
of the libels they may have written, which the
law is open to punish, but what part of their
conduct has, as applicable to the subject in
question, been unprecedented. — I have, at
t liis moment, in my eye, an honourable friend
of mine, and a distinguished member of the
Ifouse of Commons, who, in my own remem-
brance, I believe in 17 BO, sat publicly at
Gtiildhall, with many others, some of Uiem
magistrates of the cily, as a convention of
delegates, for the same objects ;* and what is
still more iu point, just before the convention
began to meet at Edinburgh, whose proceed-
ings have been so much relied on, there was a
convention regularly assembled, attended by
the delegates from all the counties of Scotland,
for the express and avowed purpose of alter-
ing the constitution of parliament ; not by
rebellion, but by the same means employed
by the prisoner: — tlie lord chief baron of
Scotland sat in the chair, and was assisted by
some of the first men in that f:ounlry, and,
amongst others, by an honourable person to
whom I am nearly allied, who is at the very
heafl of the bar in Scotland, and most avowedly
attached to the law and the constitution.-)*
These gentlemen, whose good intentions
never (ieli into suspicion, had presented a
petition fur the alteration of election laws, I
which the House of Commons had rejected,
and on the spur uf that very rejection they
met in a Convention at Edinburgh in 1793 ;
and the style or' their first meeting was, " A
Convention of Delegates, chosen from the
counties of Scotland, ^or Altering and Amend'
ing the Laws concerning Elect ion%" — not for
resolution, as I have read it to you, was
brought up to London, and delivered to the
editor of the Morning Chronicle by sir Thomas
Dundas, lately created a peer of Great Britain,
and paid for by him as a public advertisement.
Now, suppose any man had imputed treason
or sedition to these honordble jiersons, what
would have been the consequence? They
would have been considered as infamous
libellers and traducers, and deservedly hooted
out of civilized life : — why then arc difl^crent
constructions to be put upon similar transac*
tions .^— Why is every thing to be held up as
bond fide when the example is set, and maid
Jide when it is followed ?— Whv have I not as
good a claim to take credit for lionest purpose
m the poor man I am defending, against
whom not a contumelious expression has
been proved, as when we find the same ex-
pressions in the mouths of the duke of Rich-
mond or Mr. Burke ?— I ask nothing more
fi-om this observation, than that a sober judg-
ment may be pronounced from the qiiaiityof
the acls which can be fairly eslablished ; each
individual standing responsible only for his
own conduct, instead of having our Imagina-
tions tainted with cant phra?ies, sfnd a farrago
of writings and speeches, for which the pn-
soneris not responsible, and for which the
authors, if they be criminal, arc liable to be
brought to justice.
But it will be said, gentlemen, that all the
constitutional privileges of the people are con-
ceded ; that tneir existence was never denied
or invaded ; and that their right to petition
and to meet for the expression of their com-
plaints, founded or unfounded, was never
called in question ; these, it will be said, arc
the rights of subjects ; but that the *' rights of
man" are what alarms them : every one is
considered as a traitor who talks about the
" rights of man ;" but this bugbear sUinds
upon the same pcr\'ersion with its fellows.
The rights of man are the foundation of all
government, and to secure them is the only
reason of men*s submitting to be governed ; —
it shall not be fiistcned upon the unfortunate
prisoner at the bar, nor upon any other man,
that because these natural rights were asserted
in France, by the destruction of a government
which oppressed and subverted them, a pro-
cess happily effected here by slow and imper-
ceptible improvements, that therefore they
can only be so asserted in England, where the
considering how they might be best amended i govcnimcnt, through a gradation of improvc-
— not for petitioning parliament to amend
them; but for altermg and amending the
election laws. — These meetings were regidarly
published, and I will prove, that their first
• Alluding, we believe, to Mr. Fox. Editor
of Erskine's Speeches.'
f The late lion. Henry Erskine, Mr. Krs-
kine*8 brother, who was then Dean of the
Faculty of Advocates, at Edinburgh, and who
twice taeld the office of Lord Advocate of
Scotland.
VOX*. XXIV.
ment, is well calculated to protect them. We
i are, fortunately, not driven in tliis country to
I the terrible alternatives which were the un-
! happy lot of France, because wc have had a
I happier destiny in the forms of a free consti-
tutKm ; this, indeed, is the express langirage
of many of the papers before you, that have
been complained of; particularly in one
alluded to by the Attorney General, as having
been written by a gentleman with whom I
am particularly acquainted; and thoug;h m
that spirited composition there are, perhaps,
S O
931]
35 GEORGE UI.
Trial qfThonuu Hardy
[BS9
soHie expressions proceeding from warmth
which he may not desire me critically lo
justify, yet I will vcmure to affirm, from my
own personal knowledge, that there is not a
pnan in Court more nonestly public-spiriled
and zealously devoted to the constitution of
King, Lords, and Commons, than the honour-
able gentleman I allude to (Felix Vaughan,
esq. Darribler at law*). It is the phrase,
therefore, and not the sentiment expressed by
it, that can alone give justifiable onence ; — it
18, it seems, a new pnrase commencing in revo-
lutions, and never used before in discussing
the rii^hts of British subjects, and therefore
can only be apphcd in the sense of those who
framed it ; — but this is so far from being the
truth, that the very phrase sticks in my
memory, from the repeated application of it to
the rights of subjects, under this and every
other establishment, by a gentleman whom
you will not suspect of using it in any other
sense. The rights of man were considered by
Mr. Burke, at the time that the great )iproar
was made upon a supposed invasion of the
East India Company s charter, to be the
foundation of, and paramount to all, the laws
aud ordinances of a state : — the ministry, you
mav remember, were turned out for Mr. Fox's
India Bill, which their opponents termed an
attack upon the chartcrea rights of man, or,
in other words, upon the abuses supported by
a monopoly in trade. Hear the sentiments of
Mr. Burke, when the NATURAL and
CHARTERED rishts of men arc brought
into contest. Mr. Burke, in his speech in the
House of Commons, expressed himself thus :
•* The first objection is, that the bill is an at-
tack on the chartered rights of men. As to
this objection, I must observe tliat the phrase
of * the chartered rights of mcn^ is full of
affect^Ltion ; and very unusual in the discussion
of privileges conferred by charters uf the
present description. But it is nut diilicult to
discover what end that ambiguous mode of
expression, so often reiterated, is meant to
answer.
** The rights of w<?w, that is to say, the
natural rights of mankind, are indeed sacred
thincs ; and if any public measure is proved
miscnievously to aflect them, the objection
ought to be fatal to that measure, even if no
charter at all could be set up against it. — And
if these natural rights are farther affirmed and
declared by express convenants, clearly defi-
ned and secured against chicane, power, and
authority, by written instruments and positive
engagements, they are in a still better condi-
tion ; they then partake not only of the sanc-
tity of the object so secured, but of that
solemn public faith itself, which secures an
object of such importance. Indeed, tliis
* Assistant'CounscUothe prisoners: a young
man of great abilities* aud promise in his pro-
fession. He died fioon afterwards. Editor of
''Erakine's Speeches/ See the note, antl, p.
«l0. .
formal recognition, by the soTereign power,
of an original right in the subject, can never
be subverted, but by rooting up the holding
radical principles of government, and even of
society itself."*
The Duke of Richmond also, in his public
letter to the High Sherifl*of Sussex, rests the
rights of the people of England upon the
same horrible and damnable principle ef the
rights of man. — ^Let gentlemen, therefore, take
care they do not pull down the very authority
which they come here to support ;— let them
remember, that his Majesty's family was
called to the Throne upon the very principle,
that the ancient Kings of this country had
violated those sacred trusts ; — let them reool-
lect too in what the violation was charged \B
exist ; — it was charged by the Bill of nights
to exist in cruel and infamous trials ; in the
packing of juries; and in disarming the people,
whose arms are their unalienable refuge
against oppression. — But did the people of
England assemble to make this declaration?
— ^No! — because it was unnecessary. — The
sense of the people, against a corrupt and
scandalous government, dissolved it, by almost
the ordinary forms by which the old govern*
ment itself was administered. — King William
sent his writs to those who had sat in the
former Parliament : but will any man, there*
fore, tell me, that that Parliament rcorgauiied
the government without the will of the people?
and that it was not their consent which en-
tailed on King William a particular inheritance,
to be enjoyed under the dominion of the law?
Gentlemen, it was the denial of these princi-
ples, asserted at tlie revolution in England,
that brought forward the author of the Rights
of Man, and stirred up this controversy which
has given such alarm to Government: — but
for this the literary labours of Mr. Paine had
dosed. — He asserts it himself in his book,
and every body knows it. — It was not the
French revolution, but Mr, Burke's Rfftee-
tions upon it, followed up by another work OD
the same subject, as it regarded things in Eng"
landf which brought forward Mr. Paine, and
which rendered his works so much the object
of attention in this country. — Mr. Burke
denied positively the very foundation upon
which the revolution of 1688 must stand for
its support, viz. the right of the people to
change their government ; and he asserted, ia
the teeth of His Majesty's title to the Crown,
that no such right in the people existed ;•'
this is the true history of the Second Part uf
the IlighU of Man.— The First Part had liitlo
more aspect to this country than to Japan ;—
it asserted the right of the people of France
to act as thev had acted, but there was litdt
which pointed to it as an example for FjBg-
land. — ^There had been a despotic authority
ui France which the people had thrown down,
and Mr. Burke seemed to question their r^
« See the New Parliamentary History, Vol
03, p. 1315.
935]
Jhr High Trmsm*
1(0 do so : — Mr* Paine ramntnincd the conlmry
Ifl VilH JitiHwrr - :iiiil huvinr" itnhihrtl \\\C OrillC!-
p]< during the
Ar with the con-
li'- ni tla^^b rcmurks \i\mw
nx < /I, i>\t:n ia Enij;l:HiiJ, or
in . ^ ui.— biil this was collatcrai
to L I of his wurk, which w;is to
mauiUia liic n^ht of liic {teofilc to choose
their {;overnmcnt; — this was the right which
und the lisscTlion of it was
to many who were most
juiniMY iiuitiied to the EngUsh govern-
t; since uicn may assert the right of
y i^eople to clioose I heir government
witliout hct-king to destroy their own. This
iccounls'iuf mimy expressions imputed tcj ihe
unfortnacitc prisoners, which I have often
uttereii myseli^ and i>iiall continue to utter
every day ui my lite, and call upon the spies
of goverumeDt to record them \ — I wnx say
AUT wnriiE^ wiTUOtiT ruAii, nav, I will say
mjb^ WMEIIE 1 STAISD* THAT AN ATT r MPT TO
mTULfUliE, BT iJEaPOIlC C014BII>JAT10M AND
▼ lOlJEVeB, WITH AJIY COVERKM£NT WllJClI A
kjBHP^ ^^^^^^ '^^ OIVC TO TOEUSELVLS, WUE-
■IBPI^ ^^ ^^^^ 0I\ ICVrt, IS AN Ol'FllESSrOK
^ ^ft'^nVFR^^ION OF THE KATUttAL AND UN-
AUZVADLt AlGllTS OF MAH ; AVO TnOt^Ofl THE
OQYmiUMCKT OF TIIIS COUNTRY SDOUI^D COUN^
TSSASCCII St?Ca A &Yi»Tr.»f, it WOULU HOT OSLT
Ifi »TILL LCfVAL FOR ME TO EXPRESS MY DETES-
TATiryn op rr^ as I heae dkijberatiily ex-
VmSW If, WJT IT WOULD IltCOME MY INTEREST
Aim MT DUTY* For, if comhikations of
J>fitfOTl&)l CAW ACCOMPLISH SUCJI A PtrRPOSE,
mUl tlHAtt* TELL ME^ WHAT OTHER K ATI UN
aiALL SOT »F THP PRFY OFTHFTW AMBITION ?
<*4Jpcia lh« rig to a
l^file the r \ '^s, how
an itlcmpi
I J lit upon
ia>f ^ '1 Ml, Hi iijcfe be for
fVWtui which are not, tt
^^pen^, h arc unalternhly
^^B^Kis^ —The very »rgum«.'Qt striken,
^^Bwith , \t the arm :itkI viLnuir of the
nalioD.-*^i hold dear the im im con-
tending: fur» not as privilr- ' to the
c;' , but as necessary for jl> prescrva-
L if thf French wor* to intrude by
f^v. lit of our own free
cL . papers, and return
to ix Dn^loiion that, ptrliaps, I belter uadcr-
ttanil.
T"^ 7 ^ ' ' ' ' thcin^iti'
li 1^ a letter
1* M.m N«'i V ihe nth
j«r i^withth :it(!d the
GOtre*
mt&\ in-
U wibk lUipui^Uk tux wo;d&
A. D. 179*. imi'
to convey more clmirly the explicit avowal of
ifiHir .»ri in ,i i.l.ii Uir . ' 'lustttulional reform
I This letter from
^ ildting the Corres-
ponding Society on its institution, asks
several qucsiions arising out of the proceed-
ings of other societies in difYcrcnt paJtb uf the
kingdom, \vhich tlicy profess nut thoroughlj
to understand.
The HhelTield people (they observe) seemed
uL ' icrmined to support the Duke of
Is plan only* but that they ha«l
^ I ved a disposition in them to
Ji^ plan of reform proposed by
u.,, i .T-i.-i^ ^., ihe People in London ; whiKt
the Manchester people, by addressing Mr,
Paine (whom the Norwich people li •<! imt
addre^^sed) seemed to lie mtenl tjw n i
principles only ; they therefore put .i > ^ ^
not at all of distrust, or suspicion, but hon^
fidc^ if ever there was good faith between men,
whether the Corresponding Society meant to
be satisSed with the plan of ttie Duke of
Kichn^ond ? or, whether it was their private
design to rip up monarchy by thi; roots *in(l
plate democracy in its stead f ^ ' t tht-^
answer, from whence it is in ' *Ai»,
Imt it their intention : theybc^in u^ n ^msw
with recapilulalmg tlic demand of their tor-
respondent, an vegularly as a tr w^,.,! in
has had an onler for good.s, rr- the <
order that there may be no arn ^ ik th
rcfcieDce or upplicalion of the reply, and i\m
Ihey say as to ihe objects ihey have in viei
thcv refer them to tlicir atldrcsses, ** Vol
will thereby see that they mean to dis^cininat
political knowledge, and therel>y engage th«i
judicious part of the nation to demand tlit
iiECovEUY of their lo-^t rights in asnia
Parliaments; the meinhcrs of these Par
ments owing their election to uabvi V
frages." — ^Tncy then desire them t'» I
to avoid all dispute, and say to Iheui, i ..
narchy, democracy, and even religion, «|uii
aside; and •* \ '-^ ^'■"' -endeavours goto ii ,
create the nui: se who dciire a full
and equal rei*' i of the people, and
leave to a Parliament, so chosen, to reform
all existing abuses; and if thcv don't an^swer,
at the year** end you n others lO
their fitead.'* Thu All' i * ral aayS|
this is lamely expressed,--!, ou the other
hand, say, that it is not only not Ifttiidly
expressed, but ' " vn orded to ] d
to dangerous >i ^-Leavc 4
undiscussed ;—uu ti'. i ^ > .'pi' v vr,ur-i ^< - ■.\ > ii
abislract que^^tions ui ;,„\,'i MMirtii ; Mul.-fc-
— and if !
\ir\na on *i :. ,...-..
\QU stead, lb'
H^ which lay i ,.«»- ,
dent, which address cxprciscs ilftclf tlmn j
** Ltiyiug aside all claim to origmahly, we
u no other incril than that of re>consi»
II g and vciifyin^ wtuv Vvtssv ^Xit^^'s \scfcsi
ur^cd m out cjdvtmou c;voc» V>t >te \>iM*
X
D351
35 GEORGE UI.
[996
of Richmond and Mr. Pitt, and their then
honest party."
When the language of the letter, which is
branded as ambiguous, thus stares them in
the fdcc as an undeniable answer to the
charge, ihey then have recourse to the old
refugt uiiiialafidei ; all this they say is but a
cover for hidden treason; — but I ask you,
Gcnllcmcn, in the name of God, and as fair
and honest men, what reason upon earth
there is to suppose, that the writers of this
letter did not mean what they expressed?
Are you to presume in a Court of Justice, and
upon a trial for life, that men write with du-
plicity in tlieir most conBdential currespon-
deuci', even to those with whom tiiey arc
confederated? — Let it be recollected also, that
if this correspondenre was calculated for de-
ception, tlic deception must have been under-
stood and a<^recd upon hyall parties concerned;
for otherwise you have a conspiracy amongst
persons wlio are at cross purposes with one
another: consequently the conspiracy, if this
be a branch ol it, is a conspiracy of thou-
sands and ten thousands, from one end of
the kingdom to the other, who arc all guilty^
if any of the Prisoners are guilty : — upwards
of forty thousand uersons, upon the lowest
calculation, must alike be liable to the pains
and penalties of the law, and hold their lives
as tenants at will of the Ministers of the
Crown. — In wlialevcr aspect, tlierefore, this
prosecution is regarded, new diHicuhies and
new uncertainties and terrors surround it.
The next thing in order which we have to
look at, is the (.'onvention at Edinburjjh — It
appears that a letter luul been written Xy Mr.
Skirving, who was connected with reformers
in Scolfiuid proceeding avowedly u]>ou the
duke of Richmond's plan, proposing that
there should be a convention from the socie-
ties assemblwi at I'Alinhnrgh : — now you will
recollect, in the opening, that the attorney
general considered all the great original sin
of this conspiracy and treason to liavc orin;i.
nated willi the societies in London— that the
country societies were only tools in their
hands, and that the Edinbuigh convention
was the commencement of their projects;
and yet it plainly appears that tliis convention
originated I'rom neitherof tlie London societies,
but had its beginning at Edinburgh, where,
)ust before, a convention had been sitting for
the rcturin in parliament, attended by the
principal persons in i^cotland ; and surely,
without adverting to the nationahty so pe-
culiar to the people of that country, it is not
at all suspicious, that, since they were to
hold a meeting for similar objects, they should
inake use of tJie same style for their associa-
tion ; and that their deputies should be called
delegates, when delegates had attended the
other convention from all the coimlics, and
whom they were e\-cry day looking at in their
Btreetsi, in the course of the very same year
that Skirving wrote his letter on the subject.
The viewB of lite Corraspoiiding Society, as
Tri4d of Thamoi Hardy
they regarded this convention, and
I qiiently the views of the prisoner, must be
collected from the wriUen instructions to the
delegates, unless they can be falsified by
matter which is colhiteral.— If I constitute an
. agent, I am l)ound by what he does, but
, always with this limitation, for what he does
within the scope of his agency : — If I constitute
an agent to buy horses for me, and he com-
mits high treason, it will not, I hope, bo
argued Siat I am to be hanged. — If I consti-
tute an aeent for any business that can be
stated, and he goes beyond his instructions,
he must answer for himself beyond ihmt li-
mits ; for beyond them he is not my repi»*
sentative.^Tbe acts done, tberetbre^ at the
Scotch convention, whatever may be their
quality, are evidence to show, that, in point
of fact, a certain number of people got to-
gether, and did any thing you chouse to call
illegal ; but, as far as it concerns me, if I am
not present, you are limited by my instructions
and have not advanced a single step upon
your journey to convict me : the instructions
to Skirving have been read, and speaicfor
themselves ; they are strictly legal, and por^
sue the avowed object of the society ; and it
will be for the solicitor general to point ob^
in his reply, any counter or secret instruc-
tions, or any collateral conduct, contradictsiy
of the g(Kid faitli with which they were
written. The instructions are in these wocds
-*" The delegates are instmcted, on the part
of this society, to assist in bringing forward
and supporting any conMutiofiai measure for
procuring a real representation of the Com-
mons of Great Britain '* What do you say,
gentlemen, to this language ?~how are men
to express themselves who desire a cunstitu-
tiunai reform :* The object and the mode of
effecting it were equally legal— this is most
obvious from the conduct of i\\^ parliament
of Ireland, acting under directions from Eng-
land; they passed the convention bill, and
made it only a misdemeanor, knowing that,
by the law as it stood, it was no misdemeanor
at all. — NVhethcr this statement may meet
with the approbation of others, I care not; 1
know the fact to be so, and I maintain that
you cannot prove upon the convention which
met at Edinburgh, and which is charged to-
day with hidi treason, one thousandth part
of what, at last, worked up government in
Ireland to the pitch of voting it a misde-
meanor.
(>cntleinen, I am not vindicating any thipz
that can promote disorder in the country, bntl
am maintaining that the worst possible disorder
that can fall u|)on a country is, when subjects
are deprived of tlic sanction of clear and unam*
biguous laws. — If wrong is committed, let
punishment follow according to the measure
of that wrong! — if men are turbulent, let
them be visited by the laws according to the
measure of their turbulency :^f they write
libels upon government, let them be punished
according to the quality of those libels : but
987]
lijc hic ui the
bccdu??^ the fr
'St
J^r Higk Treason,
hit becauac the
nn impoitaiU ^
iirid the luitureiiiid
.^1 p run on IRC I hat
plc hJive
ll^ j^i\e ■-.ti-unly lo govern-
most sacred Jaw** ir,
[1, and which are* in
n lor our ^ *"';-; i>t •«'*
—If the I 1 of th<?
» --» conduct
' be np-
t»-r the
tic-
ision of
A. a I79i*
[938
Jaw lii
ytfOTare to ;
latofttioiir t' I cnis epi-
thets, iKjfr overwhelmed m un u«di»tioguk»»h-
Skblt mith» uf nmlter, iu which you may be
loM Atid bewildered » having missed the only
p«ft4 whirh could have fijmishcd a clue to
a ''. ' ■ .1.
!<> regard fot the h*
kwriy or iftr ki
tfwtton, is well
n' . antf for
iiAo- I j.t^ ^-> -u>..;j..M^*.v ...J. who had
IIm wiftdom to know thai the great end of
flfOVii'MinK'nt in ;•]! ii-^ rnrm*.- U th(^ ^-rr jirttv nf
fil Of
iurd CieorL i created^ felt
»t iihi^acmiii ^ txckimed^as
wt* ItAfij lioiii Mr. Yiojjwdi, " I hate lord G.
Gordon, btil ! am glad he was nut coitvit tfd
ol' t^iis cojmtruclive treason ; forthon^ii I li
kim, I It.ve my cuutiiry atid n»vseh ** — 1
t:.i ■ .,in, no dn i a
*- liJt when ' I en
lit
if
V^
iit^U
is>fd Giorgt Gc»rdo&«nl^ Vol.
1 »t»pfnrt nf ihif mdtrtmtol tb* cvi-
rely Jt 15 au awful summons to
iiUon; — surely it excu-t:*. nw fn^
so ohen caiiuig upon your jnlegrtT. i.
DifSft lo do cqunl justice helween tl;< o
supportfdy aiid au unhappy priso&er »o tii
protected.
Gentlemen, I declare that I am tttterl:
astonished, on lor^kin;^ at the clock, lo fii
' V lonr I h;n ' -peaking; and llu
rcd\ndfli ^ I am, I have
•^irtuglh f n lor tht remainder of m
duly;— «f J of my hejith it shall
eicrietlj i^ » ^iiiiuugh, if this cans** shou
miwrarrv, I know I shall have justice done
fur the kooesty of my ii(r.«r,fi.^nc y^i ^^.
is that to the public ai» v>— W
i» it to thera, when, if . cvidenci
there can stand a convic 1 1 i, treason,
it ia plain that nomanci: ; to have
life whith is his own ? — For how can he po<
j-ibly know by what engines it may he sruii
or trom what unknown sources it muy be a^
tac!<e<l and overpowered ?— Such a monjjt
id he as ruinous to the king
—We ate in a crisis of our
winch putting justice out of the quci
calls in sound policy for the great
I't u'le nee :ind moderation — At a time wh
other nations are disposed to subvert thi
estah*'^*^' ^<, let it be our wisdom to maki ,
the ^ 1 the practical benefits of om*
twn . !- - .. Ltk to bring good out ot evil:— ^
the distracted inliabilanls of the world will Hf
h) \ts r > -afHtii. try, driven out of their couil>i
Till cohsequencef^ of not at*
i f- rpfnrmv in government^
vietiiuh tu liie foii^y < ■ : curitrfttions
'•ontmue, till the wli jI ^ucicty isdis*
' 'i and tumble* n>Lu ftiui, Lanrfing upoil
hore^t they will feel the ble^sin^ of secii-
ri t^V , HI 1 1 1 r f I ► V >\ 1 tl J I - . . '. ( r ui what n ■-'•■' ^'i
thev V "I i-jl M,i- .1 '. ;tnd their !■ ll
' it.itr at your drtisiuti: — they v, >
iiiolher, and their voices will n c
"'* ^*''frih; may the consaM.i.v.i, v»f
ic for ever! — the Fncred and
Liir Mt:frv fiif \\\v iinriii # «ispii -^^ ]
I
d\
he ends > it*elt urfj
i^t It;— VI. '♦ of Cornel
nit>u» ifveff "should tusike aU t^-ftuitt iji f^ui-
lforr of piilt ;— wh:i! though every -jura- jf j
yed to entangle liie opi«i
, whir h in other ruuntneil
i U: II 3*: \ I table (1^ 'I IQI
tud, in enlightened ^ i^wilfl
' ' i from tlj' ii'xencejj
i !t1lll lu<n r|y to th#|
• ' ■ ' •- -'..i, uj i.iitLt ihcm i
^ men they will sef]
1,1, r tirnnriiptlCe a V€f
{ proh&tioin
J licial proM
deiKe for the crown was diTitJeel imo tm<* i
939]
35 GEORGE UI.
▼jnce:—- but,ontheother hand, they will make
DO political sacrifice, but deliver a plain, honest
man, from the toils of injustice. — ^When your
verdict is pronounced, this will be the judgment
of the world ; — and if any amongst ourselves
are alienated in their affections to government,
nothing will be so likely to reclaim them : —
they will say — Whatever we have lost of our
control in parliament, we have yet a sheet-
anchor remaining to hold the vessel of the
state Amidst contending storms: — ^we have
still, thank God, a sound administraUon of
jusUcc secured to us, in the independence of
the judges, in the rights of enlightened juries,
and in the integrity of the bar; — ready at all
times, and upon every possible occasion, what-
ever may be the consequences to themselves, to
stand forward in defence of the meanest man
in England, when brought for judgment before
the laws of the country.
prove that the prisoners were parties to it. —
This course of proceeding had been sanctioned
by the opinions of the judges upon other trials,
but the adoution of it upon this occasion,
however legal, undoubtedly exposed the pri-
soners to great peril of prejudgment, because
almost tlie whole of the evidence given by
the crown against them had been collected by
both Houses of Parliament just before the
trial, and printed by their authority ; and a
statute (34 Geo. 3, c. 54.] had even been
passed, declaring tliat the treacherous conspi-
racy which constituted the first and very im-
portant branch of the evidence, did in fact
exist within the kingdom. — We say a very
important branch ol the evidence, because
undoubtedly, il* the jurj- had considered that
the evidence supported the truth of the pre-
amble to the act of parliament, the prisoners
must have been in a manner without a de-
fence. Authority was also given to detain,
without bail, persons already in custody, on
suspicion of being engaged in the above con-
spiracy, or who shoula be thereafter commit-
ted, on that account.
I* With regard to this act of parliament, it
is impossible, on the one hand, to deny the
constitutional competency of parliament to de-
clare the existence of a dangerous and ex-
tended conspiracy, endangering not only the
safetv, but the very existence of the state. —
On the other hand, the persons who may be-
come obnoxious to suspicion, and be subjected
to public prosecution in consequence of such
a Icgislulivc proceeding, come to a trial un-
der seemingly insurmountable disadvantages.
In the very case before us, the two Houses
of Parliament had collected and arranged the
greater part of the written evidence allerwards
produced by the crown against the prisoners,
and in the preamble of the act had given it
the character ol a detestable conspiracy, to
subvert the monarchy, although, as has been
already stated, the inquiry of the jury was to
be divided into two branches — First, whether
the evidence, great part of which had been so
Trial of Thomas Hardy [940
To return to this Scotch Convention. —
Their papers were all seized by government.—
What their proceedings were they best know t
we can only see what parts they choose to
show us : but, from what we have seen, does-
any man seriously believe, that this meeting
at Edinburgh meant to assume and to main-
tain by force all the functions and authorities
of the state ? — ^Is the thing vrithin the compass
of human belief? — If a man were offered a
dukedom, and twenty thotisand pounds a
year, for trying to believe it, he might say he
believed it, as what will not man say for gold
and honours? but he never in fact could be*
lieve that this Edinbitfgh meeting vras a par-
liament for Great Britam : — ^how radeed could
he, from the proceedings of a few peaceable,
unarmed men, discussing, in a constitutionai
manner, the means of obtaining a reform in
collected and arranged in parliament and pub-
lished, substantiated the declaration made
in the preamble of tlie bill, of the existence
of such a conspiracy to subvert the govern-
ment: and secondly, whether the prisoners
had any and what share in it. — ^Now it is
most obvious, tliat if, in deference to the judg-
ment of parliament, the first part of this divi-
sion had been found by the jury, and the law
of high treason, as stated by the counsel for
the crown, had been adopted, the prisoners
could scarcely have haa any defence, as
they then must have been taken, upon the
whole of the evidence, to have been privy to
proceedings throughout the whole kingdom,
directed to the subversion of the monarchy,
and destruction of the king.
'< All that can be said upon such a case is»
first, that dependence must be had upon the
sacred trust of the legislature, not without ur-
gent necessity to adopt such a proceeding;
and carefully to consider the fair result of the
evidence, when made the foundation of an
act of parliament : and secondly, that the
British constitution provides for the safety of
all who have the happiness to live under its
protection, by giving to twelve men, to be
taken from the mass of the people, the privi-
lege and the duty to sit in judgment upon all
that the authority of parliament may have de-
cided to be the ^bc^, and all tliat the learning
of the judges may consider to be the applica-
cation of the law,
" In that respect, whatever may be the
merits of this case, and whatever amidst the
variety of judgments in a free country, may
be the prevailing opinion concerning it, the
trial by jury must ever be dear to Englishmen.
— ^The verdict of acquittal, instead of giving
encouragement to whatever spirit of sedition
might have existed at that period, produced
an universal spirit of content and confidence
in the people. Nothing indeed could more
properly excite such sentiments, than so me*
morable aproofof safety under the laws."—
SuljtU (f:iU trial qfThomoi Hardy, En-
kinCM Speeches Vol, 3, p, 55, %nd ed.
Ml]
for High Treason.
A. D. 1794^
[94S
parliament ; and who, to maintain the dub,
or whatever you choose to call it, collected a
little money from people who were well dis-
posed to the cause ; a few shillings one day,
and perhaps as manv pence another?—! think
as far as I could reckon it up, when the report
from this great committee of supply was read
to you, I counted that there had been raised,
in tlie first session of this parliament, fiAeen
pounds, from which indeed you must deduct two
Dad shillings, which are literally noticed in the
account.— -is it to be endured, gentlemen, that
men should gravely say, that this body as-
sumed to itself the oil^ces of parliament ? —
that a few harmless ueople, who sat, as they
profess, to obtain a full representation of the
people, were themselves, even in their own
imaginations, the complete representation
which they sought for ? — Why should they sit
from day to day to consider how they might
obtain what they had already got? — If their
object was an universal representation of the
whole people, how is it credible they could
suppose that universal representation to ezbt
in tnemselves— inthe representatives of a few
societies instituted to obtain it for the country
at large ? — If they were themselves the na-
tion, why should the language of every reso-
lution be, that reason ought to be their grand
engine for the accomplishment of their object,
mnd should be directed to convince Uie nation
to speak to parliament in a voice that must be
heard ? The proposition, tliercfore, is too
sross to cram down the throats of the Eng-
lish people, and tliis is the prisoner's security.
-—Here again he feels the advantage of our
free administration of justice : thb proposition
on which so much depends, is not to be
reasoned upon on parchment, to be delivered
privately to magistrates for private judgment :
no — he has the privilege of appealing aloud,
as he now appeals hy mc, to an enliehtened
assembly full of eyes, and ears, andintelli-
gence where speakmg to a jury is, in a man-
ner, speaking to a nation at large, and flying
for sanctuary to its universal justice.
Gentlemen, the very work of Mr. Paine,
under the banners of which this supposed re-
bellion was set on tout, refutes ttie charge it
is brought forward to support : for Mr. Paine,
in his preface, and throughout his whole book,
reprobates the use of force against the most
evil governments; the contrary was never
imputed to him. — If hisbook had been written
in pursuance of the design of force and rebel-
lion, with which it is now sought to be con-
nected, he would, like the prisoners, have been
charged with an overt act of high treason ; but
such a proccedinj; was ucvtir tliought of. —
Mr. Paine was indicted for a misdemeanor, ♦
and the mi^domcanor was argued to consist
not in tlic falsehood that a nation has no
rieht to choose or alter its government, but in
leditiously exciting the nation, without cause,
♦ See the trial of Thomas Paine, ant^. Vol.
U, p. 357.
to exercise that right. — A learned lord (lord
chief baron Macdonald), now on this bench,
addressed the jury as attorney-general upon
this principle : his language was this : — The
question is not, what uie people have a right
to do. for the people are, undoubtedly, the
foundation and origm of all government ; but
the charge is, for seditiously calling upon the
people, without cause or reason, to exercise a
right which would be sedition, supposing the
ri^ht to be in them : for though the people
mieht have a right to do the thing suggested,
and though they are not excited to the doing
it by force and rebellion, yet, as the sugges-
tion goes to unsettle the state, the propag^
tion of such doctrines b seditious. There is
no other way, undoubtedly, of describing that
charge. I am not here entering into the ap^
plication of it to Mr. Paine, whose counsel I
was, and who has been tried already. To say
that the people have a right to change their
fDvernment, is indeed a truism ; every body
nows it, and they exercised the right, other-
wise the king could not have had his establish-
ment amongst us. If, therefore, I stir up in-
dividuals to oppose by force the general will,
seated in the government, it may be treason;
but to induce changes in a government, by
exposing to a whole nation its errors and im-
perfections, can have no bearing upon such an
oftence : — ^the utmost which can be made of
it is a misdemeanor, and that too depending
wholly upon the judgment which the jury may
form of the intention of the writer — ^The
Courts, for a long time, indeed, assumed to
themselves the province of deciding upon this
intention, as a matter of law, conclusively ixv-
ferring it from the act of publication : * I say
the Courts attumed it, though it was not the
doctrine of lord Mansfield, hut handed down
to him from the precedents of judges before
his time : but even in that case, though the
publication was the crime, not, as in tins case
the intention, and though the quality of the
thing charged, when not rebutted by evidence
for the defendant, had so long been considered
to be a legal inference, yet the legislature, to
support the province of the jur^', and in ten-
derness for liberty, has lately altered the law
upon tliis important subject. If, therefore, we
were not assembled, as we are, to consider of
the existence of high treason against the
king's life, but only of a misdemeanor for se-
ditiously disturbing liis title and establishment,
by the proceedings for a reform in parlia-
ment, I should think the Crown, upon the
very principle which, under the Ubel law,
must now govern such a trial, quite as distant
from its mark ; because, in my opinion, there
is no way by which his majesty's title can more
firmly he secured, or by which (above all, in
our times) its permanency can be better esta-
blished, than by promoting a more full and
equal representation of the people, by pcace-
• Seethe case of thtt Y^AXi^^bV Ns«^i
Vol. «\, V . Vi41 v)^ VW* V: ^W^ifcXwu, >^
9i3]
35 GEORGE III.
Trial of Thomas Hard if
rW4
able means; and by what other means has it
been sought, in this instance, to l)e promoted ?
Gentlemen, when the members of this con-
vention were seized, did they attempt resist-
ance f — Did they insist upon their privileges
at subjects under the laws, or as a parliament
enacting laws for others f—- If they had said
or dune any thing to give colour to such an
idea, there nec<ied no spies to convict them ; I
the crown could have given ample indemnity '
for evidence from amongst themselves : the '
societies consisted of thousands and thousands |
of persons, some of whom, upon any calcula- ■
tion of human nature, might have been pro- |
duced : the delegates, who attended the .
meetines, could not be supposed to have met, |
with anifl'crent intention from those who »ent I
them ; and, if the answer to that is, that the !
constituents are involved in the guilt of their i
representatives, we get back to tlie monstrous
position yror/j whkh I observed ym before to
shrink back, vUh visible horror, when I xtated
it ; namely, the involving in the fate and con-
sequence of this single trial every man, who
corresponded with these societies, or who, as a
member of societies in any partof the kingdom,
conscntcfl to the meeting which was assem-
bled, or which was in prospect : — hut, I thank
God, 1 have nothinc to fear from those hy-
dras, when I see before me such just and ho-
nourable men to hold the balance of justice.
Gentlemen, the dissolution of this parlia-
ment s^icaks as strong a language as its conduct
when sitting.— How was it dissolved ? When
the magistrates entered, Mr. Skirving was in
the chair, which he refused to leave :— he
considered and asserted his conduct to be
legal, and therefore informed the madstrate
he must exercise his authority, that the dis-
persion miglu dp^itjr 10 hif involuntary, and
that the huhictri, di^tnrbeiJ in his riahti
them the victims of sentences which marv
would consider as equivalent to, if not wor4
than, judgment of treason : sentences whkh,
at all events had never existed betbre, and such
as, I bchcve, never will again with impui^ity.
— But since I am on the subject of iR/cufini;,
I shall conduct myself with the $anie
moderation which I have been prescribing ; I
will cast no aspersions, but shall contoQt
myself with lamenting that these judg-
ments were productive of consequences,
which rarely follow from authority discrcctlv
exercised. How easy is it then to' dispose of
as much of the evidence as consumeu hajfa
day in the anathemas against the Scotch
Judges ! It ap(H:ars that they came to varicui
resolutions concerning them: some ^},,
some bad, and all of them irregular. Amons^t
others they comnare them to Jelfries, and
wish that they, who imitate his example, mav
meet his fate.— What then? — Irreverend
expressions against Judges are not acb
of high treason ! —If they had assembled
round the Court of Justiciary and hanged
them in the execution of their offices, it wodd
not have been treason within the statute—
I am no advocate for disrespect to Judm
and think that it is dangerous to the public
order; but putting aside the insult upon the
Judc^es now in authority, the reitrobatioD of
Jeffries is no li\ie\, but au uwfui and usefii!
memento to wicked men. Lord Chief Jus-
tice Jcft'rics denied the privileije of English
law to au innocent man. ITc refused it to sir
Thomas Armstrong,* who in vain pleaded,
in bar of his outlawiy, that he \i*as out of
the realm when he was exacted — (an objec-
tion so clear, that it was lately taken fi^r
granted, in the case of Mr. Purefoy)— The
ga^glUtr of thi^ unfortunate pLi>i^!i, J }-j^&, mp"
honour and quality, came publicly into cotitt
for High Trmsofu
the writ of crPDTr-^usd the executors of JcU
fertcs were cominaiiddd to make compensa^
tion Uj tlie widow amJ the daughter of th«
tJcc«a»cd, *I'hc5c Arc cicjit motiuroents of
justice; — and, iii by no tneana ap-
prove of harsh * 1 ;iL'aiast authoniy,
which tend to w^kt^tt ihe holdings of society,
Jrtl Jet us not go beyond the mark in our
restraints nor siipooiic that men are dan-
gerously diAaffec 1*^*1 lo the govemroenl, he-
omte i: ' ' . iort of pride and exultation
in tVfi I constitute the dignity and
rrrsenimcnt against the
pjv^c^.*.,.^:.^, ;,.v i^^urts in Scotland, was not
MOllfted to those who were ti»e objects of
them ; it was not confined even to the friendii
of a Reform in P«rliaiiient — a benevolent
puthc^ in butli parts of the island , joined
them in the cotnpkmt ; and u gentleman of
great moderation, and a fnoi»t inveterate
•oemy to piirliamenUry relurin^ as tbinking
it lk>t »n m»prijv<*nicrii of the goverr\mcnt, but
n* <jf his country and its
ir the tonvictiori** of the
^eiegaies ine sunjcti of a public inr^urry: —
f wfmk of niy fnend Mr. Williiun Adira,*
fpfva hrouj^hl lbe*ve judgments of the Scotch
ladgies before the House of Commons — a r-
laigoed them as cuntr<iry to law, HPd praposcd
il» fcifenc them by the authority of Purlia-
rit.f iM It oni ilir 11 1m III tMi I u( wondct.
Ihe»e poor ti mtxliale
is uf this II iwf ihcir
]>elled lioni tbcir cjuuutry by an
-((I unit qtie^iionable jtidguient,
tlcl like men uti the wihjcci, and eit-
; th^tiNplven ^^ ihf»v fell
from Ur
niion ntid youi t
thru lure, «*ith
the
VI
vour vigil
H\ iM ijiitlerstand : li
utiiio».l con tide ncc
next, if their objects had been traitorous,
would they have given lheni,withotitdis.guis^
or colour^ to the public and to the jsjovemmcnt,
in every commote newspaper ? and j^et it is
so fkv from beinj; a charge ac;ain^t them,
that they conceaied their object* by hypocrisy
or guarded Londuct. that 1 have bccA driv
to admit the justice of the complaint again$
them, for unnecesunry intlanunatton andexa
jreration.- Ias«kyou farlhcr,whclhcrjfthepn
« 1 buM pubh^hed and exaggerated t haAj
fo Government* who \new every
itjiiig belonging to them, in the light the
ref're-jent I hem to you tixiay^ ibcy cotik
pos&ibly tiavc ilejn over tbem wit It >'Uch con
pfalc itidiflcrence dnd silence ? For it i* noto
rioiis, Ibut :»Npr this Convention had beel
held at 1 , alter, in short, everyi
Unng hati i, written^ and trausitcted^J
on which 1 am now commenting, and alle
Mr. Paine's book had been for above a year i
universal cireulalior^ — ay, up to the very daj
when Mr. Grey gave notuc, in the Uon^c i
CommOTis, of the intention of the I rtrnds <
the Pwipte Tor m reform in ParlianH*nt» then
was ti f 1 single indictment <'i ' "el
for I mor ; but, from tli:i
wfien ji >v,i> -»eeti that the « au'^c w^»-. i^ji i-t.ttj
down or abandoned, the proclamation mtt
ila appearance, and all tljc procerrlm . li^^^
A»Uowe<l had tht ir birth. — I a^k *.
Gentlefnen, whether it be in hum i
that a few unprulecled men, conscious I
in their own mindi*, that tht-y h/id beeSr]
engitijfnl and detected in n Hett-Htaide rebellio
to cut iiB tile l^iite^, 1 1 de^iruy the ddmmistni^ i
tion urjuttice, Hiid to Mdivert ttie whole hibridj
of Ihr cfivt'pmniMit, iiboiikl inrn round upoB (
I Mil
t ofi
Ik
jr.
Iioti oi tht
WOllld bnv^
in
ki
t4K:k l!
i»u a tew \
Iji.leol
-I tltlH-f.
Wlil| IM
Cotnnii
BoTtin
and a 1
Able I'm
in
I
ui really pro-
rous UHirpa
ul l-iirhtimeni^ tl»ey
f'rieudH (ft the Peopic,
I, when they
iiiimHi not to
uon, but by
i, and from
ijujM nrtiiM r in.jic tor support nor
of evil purpose* f— I ask you
teeeded Ioj
r of the nil
theJitry *
It o( F.xcii«^itucf ot Scoiknd,
I his Majesty's most honour^
tie on Mr. Adim'« motion !
iiirl.Hiit. Vol, 30, p. t-ia«.
♦ verwifl, of Mich exlmvat^Ant, prr
IImI ittr tuiubh I \i\ tUf u iAii beea
fe«;»!, nnd mi^ht be vin - , im^t th^ |
I '4 wlio obHlnictcd Ihrni i — \xv Ihai^
I 1 1>€ mittakf'n ; — I am n'*i areuinj J
I it prevent: ii lf»ry an ! f
I tl misdemeanor, and \ -a- i
, I will then t«di yoi, wi,.ii |
^iiflicient iV/r tbe day \% lh#^
I ,» _ii 14 ^utiicieiit ' '' ' »'■#
. y:ahty or
l.itiun to !).'-_ .. ..■-
that \% tmputrd lo tr
Thr nrM fii .ttrr ; :/'(! ,ii::un*t tb# I
3 V
947J
35 GEORGE III.
Trial of Thomas Bardtf
[jMB
%*ergiDg closely in themselves upon an overt
acl of treason, — Genllcraen, M the dulea q!
theftc addresses are attended to, which come
no lower down than November 1792, we have
only to lament, that they arc but the acts of
private subjects, and that they were aut sanc-
tioned by the state itself. — The FrcQch na-
tion, about thai period* under their new con-
•iitntion, or under their new anarchy, call it
■which you will, were neverthelcfis most anxi-
ously desirous of mainlaiuing ncace with this
country, — But the king was advised to with-
draw his umbttssador from France, upon the
apprf^aching catastrophe of its most unfortu-
nate prince; — an event which, however to be
deplored, was no justifiable cause of offence
to Great Britain. --France de&ired nothing
but the regeneration oj her own government;
Slid if she mistfK)k the road to her prosperity,
what was that to us?— But it was alleged
against her in parliament, that she had intro-
duced spies amongst us, and held correspon-
dence with disaffected persons, for the des-
truction of our constitution; this was the
charge of our minister, and it was, tlierefore,
lield to be just and necessary, for the safety of
the country, to hold France' at arm's length,
atid to avoid tlie very contagion of contact
^th her at the risk of war. — But, gentlemen,
tins charge against France was thought b^
many, to be supported by no better proofs
than those agjaiostthe prisoner. — In the pub-
lic correspondence of the ambassador from
the French king, and upon his death, as mi-
Ulster from the convention, with his majesty *ii
Secretary of state, documents which he upon
the table of tlic House of Commons, and
which may be made evidence in the cause,
the executive council repelled with indigna*
lion all the impututions, which to this very
hour are held out as the vindications of quar-
rei. ** If there be such persons in England,'*
•ays monsieur ChauveUn — " has not England
lawstopunish them 1 — France disavows Ihcni
—-such men are not Frenchmen/* — ^Fhesamc
correspondence conveys the most solemn as-
^ranccs of friendship down to the very end
of the year iTQa— a period subsequent to all
the corresnondence and addresses complained
^> — Wljether lliese assumnces were faithful
©rotherwise, — whetherit would have been pni-
[ ^ent to have depended on them or otherwise, —
whether the war was advisable or unadvis-
fM^ 'f* questions over which we have no
j • n ; — I only desire to brin^ to your re-
c^.,.. — ^11, Hfit , 11T1II may be a iriend to the
rights of 1 ludiothe imprescriptible
rights of— I J, which is now a term of
derision and contempt, that he may it^\ t*) Ihe
■very goul for a nation beset by the sword of
\ despots, and vet be a lover of his owo country
f and its constitution.
Gentlemen, > on, of
L whom I have . tVe-
k^L-ui ui-u *,ii*ikki uitui nM^uin:B to Of jiruijbcti
into the present argument ; for he malDlUD-
ed the cause of justice and o| truth, agunst
ail the perverted authoritj' and rahh violence
of his country, and expressed the feehngs of
a christian and a pal riot in the very heat of
the American war; boldly holding lortli our
victories as defeats ; and our sue ^a*
lamities and disgraces. ** It is no y *
said Mr. Burke, ** that I can be nruugni to
rejoice, when I hear of the slaughter and cap-
tivity of long lists of those names which have
been fannliar to my ears from my infancy,
and to rejoice thai they have falk'! \^^^^^*^r the
sword of strangers, whose barbai lo^
tions 1 scarcely know how to pron - ihe
glory acquired at the If Aire Plairu i»y cokmel
nnillef has no charms for roe ; and' I fiwiy
acknowledge, that I have not yet learned to
delight in finding Fort Kniphumen lo the
heart of Uie British dominions/'* If this
had been' said or written by Mr* Yorke at
Sheffield, or by any other member of ihcM
societies, heated with wine at the Globe-'tA^
vern, it would have been trumjieted forth as
decisive evidence of a rebelliuus spirit, re-
joicing in the downfall of hi*^"- ■ ■ '- ' ' «h«
great author from whose wru i r-
rowed, approved himself tu L^ of
this nation at that calamitous tt i vd
it pleased God to open the under- ■ of
our rulers, his wisdom might have avert ca the
storms that are now thickening around ui*
We must not, therefore, be loo severe in our
strictures upon the opinions and feelings of
men as they regard such mighty i ^-
tions.— The interests of a nation r: be
one tiling, and the interests of its tryvcrnmtiii
another; but the interest of tho&o who hoki
government for the hour, is at all times dJiTereot
from either. At the time many of the paPtn
before you werecirculatedon the subject cullii
war with France^ many of the bet^l and wisest
men in this kingdom begun to be drivco by
our situation to these melimcholy reflcctioai;
and thousands of persons, the ^lo^t firmly
attached to the principles of our ^ ti,
and who never were meml^ers ol ^
societies, considered, and still toi it
Britain as the aggressor against 1 .^y
considered, and still consider, that blie L4ik s
ri|^it to choose a government for hrri^lf, and
that it wjis contrary to the firni | ' aS
justice, and, if possible, still moj m
lo the genius of our own frc lu
combine with despots (or htr ml
who knows In it that the > -t
upon France may have been kH
UnlR'ard-of Slulr nf ^urntx ri»
fdain ofi*-«\\ ' l,c
las been t' ry
vi^ur of a I ^Jt
of that uun.-i H
UireatcQs the air
i^ji 4, o^u. r(| j.>'.ii.
I
949] fit High Treasofu
' These are m*»lsncln>ly coi»sid«?nilion5, bm
they mny ri ' ., and at %\\ events, be
I lawfully CIV Wc owe obedience to
fir ■ ^^
I ( .. ..L.LM.rn. piiminng the order of time, wc
are arrived, sit length, at the proiM)sition tti
I hctSA tm.iiht > A-i»tiT.ftit'ion^ wkichy n^tth the tup^
i, p' ;( bv/yfrcft art the otily oTerf
^Ci >>n chitrged ypun this record, —
1 as it may sippcar, there is no
eti I aever before you of any one of
( thui^if act^ i»r uriliniis the evidence of which
consumed "^o mfiny day^in reading,and whjch
"has air. ifd my strength in
only 1 w before yo\i. — If
e\'Cfy hne .: I all the writingi I have
been com n^ n were admitted tcj be
traitorous iim. muini'iis^ and if the conven*
tion in Scotland was an ojicn rcbcHion, it is
conceded to be forci^m to tb*^ nr. . t,( r.m n,,>...
unless a$ 5uch criinnidlity in
the views and objerl^ of* tin: ^ _. _ l , _ .
in them;— ontliHi principie only the Court
hma over and over again decid .d the evidence
of them lo lie admissible; and on the same
Srinciplc f have dUislrated lliem in tlieir or-
cr as they happened, that I nuglvt lend the
priaoner in your view up to the very point luid
moment when the treason is supposed to have
bur^t forth into the overt act for which he is
arraigned befurt* you.
The trunsai lion Te?pecting this second con-
vention, which constitutes the principal, or
more properly the only overt art in the indict-
ment, lies in the narrowest compass, and is
clouded with no arohiguily. — I ad mil freely
cvcy act which is imputed to the prisoner,
ana listen not so much with fear as with cu-
rioiiiy and wonder, to tiie treason sought to
he connected with it.
Y<»u will recollect that the first motion to-
^^MUils the bidding of a seeoiid convention,
^^ginatcd in a leller to the piisoniT from a
Spuntry correspondent, in which the IcjL'ulily
of the former wuH vindieu led, and il^ dr%ner-
sir f ' -this letter was answered on
Ih li 1794, and was read to you
in U;r ( juwii •, 1 videncc in these words;
'' March V, 1794.
** Citizen ;— I am directed by the Ixjndon
' ^ioi icty to transmit llic follow
>o the Society for Constitu-
n, and to request the senli-
Lt society respecting the itnf>or-
« s which the present junctirt^ of
^ to require.
IS don Corresponding Society eon-
1 d, when a full
iry from all
r the lale iU
r atid nenitncti
A. D. 1704. [950
on ovr partA as the treachery (pothers in tha
iamt :' ;i/#e i« woiortntij. The Society
fur ' mil tuformation is therefore
reuuin u vj <H icrmuic whether or no tticy
will be ready, when called upon, to act in
conjunction with thit and other mcidicK to olh
tmn a fair representation of the PEOPLE —
whether the 1/ concur frith u: in ttcing the ne-
ecnttii of a npeedif t tor the purpose
of oidaimng, in » cor / and fr^al mt-
thodf a redress {f those grtcziancct under which
rrr nf prrsent loOour, and trhich tan only be
rtmovfA by a full and fair rcprC'
f the peopfc of Great Brtl tun. The
X-cjiidon Corresponding Society cannot but re-
tniod their friends thiit the present crisis de-
mands alt the prudence, unanimity, and vi-
gour, that may or can be exerted by MEN
and Bntons ; nor do they doubt tut that
manlv firmness and consistency will Imally,
•' '! they believe shortly, terminate in the full
iiipHshmtnt of all their wishes. — I am,
vv citizen (in my humble measure), a
frienri to the rights of man,
(Signed) *» T. Uardt, Secretary,"
They then resolve thai there i$ no security
for the continuance of any ri^ht but in equaf-
ily of iawt ; not in equality of property ^ the
ridiculous bugbear by wtitcli you are to be
frightened jnto injustice; — on the contrary,
throughout every part of the proceeding'<,and
most emphatically in Nfr. Yorke's speech, so
much relied on, the beneficial subordinations
of society, the securily of property, and the
prosperity of the landed and commeraal in-
lerests, are held forth as the very objects to
be attained by the reform in the representa-
tion which they sought for.
In examining this first moving towards a
second convention, the ftrst thing to he consi-
dered is, what reason ihere is, from the letter
I have just read to you, or from any thmg
that appears to liavc led to it, to suppose that
a different iort of convention was projected
from that which had been before assembled
and thspcrsed.— The letter says another Bri-
tish Convention ; and it describes the same
objects as the first— compare all the papers
for ihc callmg this second convention with
those for asserabliug the first» and you will
find no difference, except that they mi!ted
with them extraneous and Irbellous matter,
arising obviously hum the irritation produf nl
by Uie sailing of the iransoorls with their bre-
thren condcnmed to exile. These papirs
have already been considered, and separated,
as they ought to be, Irom the charge*
I will now lay before yon all the remaining
operations of this f ' ' ' i •
to the prisoner's im;
ri.'1-i.'ivtu I in,:
Mr. Hardy havioc n
adverted to. regarding a socond
-^^ -^
951} S5 GEORGE III.
Kesolutions thev had come to upon the sub-
ject, was considered by the Constitutional
Society on the next day, the S8th of March,
the ordinary day for their meet ins:, when they
sent an answer to the Currc«^pondiug Society,
infornung them that they had received their
communicaliou, that they heartily concurred
with them in the objects they had iu view,
and invited them to send a delegation of their
menibcr<% to confer with them on the subject.
Now, wlmt were the objects they concurred
in, and what was to be the subject of confer*
ence between the societies by their delegates?
Look at the letter, which distinctly expresses
its objects, and the means by which they
sought to cfl'ect them : — had these poor men
(too numerous to meet all together, and there-
fore reuewino; the cause of Parliamentary
Reform by delegation from the societies) any
reason to suppose, that they were involving
themselves in the pains of treason, and that
they were compassing the King*s death, when
they were re<leeniing (as they thought) his
authority from probable downfall and ruin?
Ilad treason been imputed tu the dclenr'itcs
before ?— Had the imagining the death of the
King ever been suspected by any bo<ly?— Or
when they were prosecuteu for mi^demea-
hors, was the iiro'^ecution considered as an
induljieiice conlerrcd upon men who^r lives
had been forleilcd •• — And is it to be endued,
then, in tiiis free land, made free too bv the
▼irtue of our t'urefathers, who placed the King
upon hi.s t!in>ne to maintain this freedom,
that forfy ^t fifty thousand people, in the
differi'iii y.ivx^ of ti:e kingdom, assembhng in
their lit tie sori< ties to spread useful know-
led^e, •r^'\f} to dfffiT«?e ih^ prmriplf^ of lilrerly,
which the more widely ibey Hta f^pread, the
inrer is ibe condition of our free governni«ntj
are in a inotiient, wlthaut waniiitg, wirht'Ut
Trial qf Thomas Hardy [058
I heard so much, and no meeting was held on
I that day; -the first Thursday was the Uth
' of AprU, but there was no meeting ; — the 31it
. of April was the second Monday, but then
j was still no meeting ; —the S4th of April wai
I the second Thursday when the five of the
Corresponding Society attended, but oobodj
coming tu me«t them from the other, nothing
of course was transacted; — on Monday, the
98th of April, three weekb after their first
appointment, this blood v and impalieot band
of conspirators, seeing that a Convention Bill
! was in projection, and that Hessians veie
I landing on our coasts, at last assembled thcoh
, selves ; — and now we come to the puinl of
' action.->Gcntlenien, they met ; — they shook
! hands with each other; — they talked over
I the news and the pleasures of the day^
they wibhed one another a good evening, ind
retired to tlieir homes : — it is in vain to hide
it, they certainly did all these things .~Ti»
sa'iie alarming 'scene was repeated on the
three following days of meeting, and ou Mon-
day, May the t^th, would, but tor the vigilance
of Government, have probably s^am taken
place: —but on that day Mr. Hardy vis
arrested, his pa|>ers seized, and the conspincj
which pervaded this devoted country ns
dragged into the face of day. To he serious
gentlemen, you have mtiirally the wimleflf
it before you in the meetmgs I h.ive jiat
stated ; in* which yuu find ten i^itieaieii,
appointed by two peaceable societies, conven-
ing upon the Jiubject of a constitutional rehxiii
in p.trliaraent, ptiblishing tlie result ol their
deliberations, without any other arms thu
one supper-knife ; which, when I ciinie to the
suhjfft f'^'^rm'^j [ will^ in form, !nv !K»*i "p^vol
—Vet for this, and for lhi» aJuue, yuo i«
asked to devote the prisou^r befure yuti, mi
his iinfnrtUDate asKiriates, to I he par&itfd
rfttKodadi find coHectc^ re^kr journals
* r |MoceoditiT * ^^ Au^n ihc 6ra Report
mn% fiii»he4 tit btd<» Corpus Acl
iMfipimlrH upon «..v '•'nuf ll^e faeU
4SMIttifit<l 111 itf there ici be fuund,
^iti one 1 jui t>i It to I r-vtn flu' tQ«
'5)1 ! ^rm» ; I i 'irn*
^t.. .; 31 ^TvAi »'-, ^ t I ibr
til ^)^&icins&te part of tbe piibJic, and
til i iiiteriiilft of the first lieport were
UlMiiigbl U> tiiriii^h btrt ii slender argument 1o
tupi^t (»ucii « total eclipiie of lihrrty. No
wonduf « then, that the discovery of n, pike in
ilie uitcrvitl hi^twren the two HeporUt sHould
hi ' ' \ efttimateii — 1 inean oo re*
fl ^^n^lefll, and tmfy tiale the
itmittj^ a^ A lit iin of jE^reit wit very publicly
tep«ited it;— h<? snid that the discoverer^
,. 4,^-1 heboid ti>o long-looked *ar
] sorted beyotid him»e)fwith
ire*
und fkttnkt k^r Oodjor ail ker trmcmii
ep«ited
1^
Pl.
n
oi
111 consc^quencc of this discovery, whoever
iDif!:Ul hnvf* \hr merit of it, mid ivhatever the
di r h&ve felt upon it, peritonft
V .criiiijcnt (and properly sent)
iii of the kini^dom to iove^ti-
g 1 tbe mi^duef; the fruit of
tiu> inijuii V hii^ been laid before you, and I
pledge my^lf to sum up the evidence which
you have liad upon the subject, not by parts,
QT by general observations, hut in the same
mannti ii>, the Court it^ It most "-mn i! np to
3< J lays the whole bor I roof
oil ibr d^cbmati I reach anarchy, T
think [ may ftai* u that it has fjcen
difttinetiv proved, by the evidence, that the
SllcffieUI people were for universal represen-
Htm in a British House of Commons. This
MpMtfv to have been the general sentiment,
WWi the exception of one ^vitne%s> whose
tMUoiony niiikcs the truth and iHrnu Jid4* of
Ij-f,. .,..^.... J- ^. ,^....,,. .^-;!--,o;; the witnes*
I hose evidence
l...«.. ....,, .t. i; . jr,„, ,_, n, . .,,p to be a pin-
biutit, honest man, and by the by, y,\
jiiuil iifwr be forgotten of any of t()em, i,.v
i toes* — 1 ntn not interested m the
VI r ; nny of theiu, tor (»*» 1 have fre-
MMUiy advertt d to) the Crown muH take
4uNll *or better for wor^c ; — it must support
id it>e whole body of its evi<
ii ^Ifyou do Dot t»olie\'e the
I fruved by a witnesft^ what
II I tvc in p»rt of it, or what
' ronfide in ?^-I1 you are
ho siiall nicawire the
Agt; Mr.
Ue boosts,
titrwftNls
......:. i .;v, ..,.,:, ,xiJii 1V1S ia4>t
firgi>iiig tiiekosth of tb« DuJicorUiolwiOlid;
ol \vi,
icnce I
fiafic
btit tliat all tbe other AlieiEeld pco^ were
for the Duke's plan ; a fiicl con finned by the
cro&S' examination of every one of ihe'wit-
pr^i^rt. ^N'tiu have, Ihcrefiirc, positively and
upon the univer'^j.l iuUhonty uf the
»: ..:,.. jt the Crown, the ^leople ol hhcrtcld,
who are charged a* at the Jiead of a republi-
can conspiracy, proved to be associiittrd on
the very principles which, at dit^'crent tinief,
have distJiJguished the most eminent persons
in this kingdom ; and the charge made upon
them, wiiir regard to arms, ib cleared up by
the same universal testimony.
You recollect that, at a meeting lield upon
the Castle-hill, there were two parlies in tUc
country, and it is malerial to attend tu what
these two parties were.— In consequence ol
the King's proclamation, a great number of
honourable, zealous persons, who had been
led by a tliuusand artilices to believe, tliat
there was a Just cause cf alarm in the country,
took very ejctnu>rdinary steps for support of
the magistracy, — ^The publicans were directeil
not to entertain persons who were friendiy
to a reform of Parliament; and alarms of
change and revolution pervaded the country^
which became greater and greater, as our ew^s
were hourly assailed with the successive cala-
mities of France, — Others saw things in an
opposite iigbty and considered that these cala*
niities were made the pretcit for extinguish-
ing British liberty; — bcart-burning« aroic
between the two parties ; and some, I am
afraid a great many, wickedly or ignoraatly
interposed in a quarrel which ^eal had begim.
— The societies were disturbed in their meet-
ings, and even the private dwellings of many
of their members were illegally violated, — It
appears by the very evidence for the Crown>
by which the cause must sland or fall, that
many of the friends of reform were daily in-
sulted,— their houses threatened to be pulled
down, and their peaceable meetings bctsot by
pretended magistrates, without the process of
the law. — ^Tbese proceedings natumlly mig-
getted the propriety of \va\ mg arms for selT-
defence, the first and most unr^ueslionablc
privilege of man. in or out of socii ly » and ex-
r"-"^*,ly provided for by the very jetttr of
lish law, — It was ingeniously put by tbe
.,_:ued Counsel, in the examination of a
witness, that it wa» compUincd of amon^^l
them, that very little was sufticietil to obtain
a warrant from some magistrates, and that
therefore it was as well to be provided for
those who might have warrants as Ibr tboAe
who had none. Gentlemen, I »tm too much
exhausted to pursue or m ' <Ktfer«n6e,
ev«n if it CMSted upon i o, liecauM
if the Hocieties in questiou c nowever mista*
kenly) considered tb«tr meell&g^ to be legaK
and ttie warranit to dtftturh Ihem to be beyood
the authority of the magistrate to grant, they
had a right, at the peril of the legal oeme-
cjuences, to stand upon their defence i and il
ia no transgression oftftie law^ ewaK.^ VMa^M^
when Uiey Dassthe bounds ot their authorUy*
So much for the geneml evidence of arms ;
and the 6rst and last lime that cveo the name
of the prisoner is connected with the subject,
is by a letter he received from a person of the
najDC of Davison. I am anxious that this
pirt of the case should he distinctly under-
stood, and 1 will, therefore, bring back this
letter to your attention^ the letter is as follows:
*^FrLtow-ciTizEN;^The barefaced aristo-
cracy of the present administration has made
it necessary tliat wc should be prepared to act
on the defensive, against any atlacic they may
command their newly armed minions to make
upon us, A plan has been hit upon, and, if
encouraged sufficiently, will, no doubt, have
the effect of furnishing a quantity of pikes to
the patriots, great enough to make tncm for-
midable. The blades are made of steel, tem-
pered and polished after an approved form.
They may l>e fixed into any shafts (but^r
ones are recommended) of the girt of the ac-
companying hoops at the top end, and about
an inch more at the bottom*
** The blades and hoops (more than which
cannot properly be seul to any great distance)
will be charged one shilhng. Money to be
sent with tfe orders.
** As the institution is in its infancy, imrae-
diale encouragement is necessary.
*' Orders may he sent to the Secretary of the
Sheffield Contthutional Society, [Struck ouL']
<* Ilic HAuo Davison,
** Sheffield, April 2^th, 1794."
Gentlemen, you must recollect (for if it
should escape you, it might make a great dif-
ferencc) that Davison directs the answer lo
this letter to be sent lo lloberl Moody at
Sheffield, to prevent post^fiice susjjicion ;
and that he also encloses in it a similar one,
which Mr. Hardy was lo forward lo Norwich,
in order that the society at that place might
provide pikes for them^lvcs, in the same
manner that Davison was recommending,
through Hardy, to the people of London.
Now what followed uimn the prisoner's receiv-
ing this letter?— It is in evidence, by this
very Moody, to whom the answer was to be
sent, and who was c&amined as a witness by
the crown, thai he never received any answer
to ike letter ; and, although there was an uni-
versal seizure of papers, no such letter, nor
any other, appeared to liave been written ;
and, what is more, the letter to Norwich,
from Davison, enclosed in his letter to Hardy,
was never forwarded, but was found in Ins
custody wlien he wtis arrested, three weeks
afterwards, folded up in tiie other, and un-
opened, as he received it. — Good God ! what
is become of the humane sanctuary of Eng-
lish justice --*w here is the sense and meaning
of the term proveabli/ \u the statute of king
Edvraid^ if such evidence can be received
against an English siibjeet, on a trial for his
lifef — If a man writes a letlet to me aboul
pikes, Qr about any thing else, can 1 btV^ VxT
— And is it evidence (except to acquit me of
suspicion) when it appears that siothiiif is
done uiHjn it ? Mr, I lardy never before co^
responded with Davison— -he never desired him
to write to him. — How indeed coald he de-
sire him when his very eitisteoce was imknovn
to him? — He nevtr rcjuroeil an answer ;->
he never forwarded theenclosed lo Norwich;
— ^he never even communicated the letter it-
self to his own society 4 although he was its
secretary, which showed he considered it i»
the unauthorized, officious correspondeDoe t/f
a private man ; — ^lie never actea upon it tt
all, nor appears to have regarded it as dan^
ous or important, since he neither destrBjed
nor concealed it. Gcnllemeo, 1 dedaie I
hardly know in what languaige lo exf»re» n?
astonishment, that the crown can a&W yott I9
shed the blood of the man at the boi vfta
such foundations.— Yet this is the whole of
the written evidence concerning arms : for^
remainder of the plot rests, for its fb<llIldatiol^
upon the parole evidence, the whole of whidi
I shall pursue with precision, and not sudb i
link of the chain to pass unexamined.
William Camage was the lir$t witness : be
swore that the Shcf^eld societies were iie>
quently insuUcd, and threatened to be dii>
persed ; so thn^t the people in general thcia^
It necessary to defend themselves a^nstib-
gal attacks : — that the justices having offici-
ously intruded themselves into their peace*
able and legal meetings, they thought they
had a right to be armed ; hui tb^v fiiJ pji
claim this right under the lau t-, orb^
theories of government, but a _^fl sri-
JECTS, under the govcrnmeni of EwoLiifD;
for they say in their paper, which has been
read by the crown that would condemn them,
that they were entitled by the Bill of Kiobts
I to be armed. Gentlemen, they state their
j title truly.^ — ^The preamble of that statute em-
' merates the ofi'ences of king James tod*
' amongst tlie chief of which was, his caiMlflg
his subjects to be disarmed, and then our is^
\ ccstors claim this violated right as their inde-
{ feasible inheritance. — Let us therefore be caU'
tious how we rush to the conclusion, that
men are plotting treason against the kin
cause they are asserting a right, the
of which has been adjudged against a kiagl
be treason against the people ; and let us 1
suppose tliat English subjects are a bandit _
for preparing to defend their legal Ubertieswidt
pikes, because pikes may have been a^idci^
tally employed in another country to deslioy
both liberty and law. — Carnage says be was
spoken to by this Davison about three doien
of pikes — What then N-*Uc is tbe CbowvV
WITNESS, whom TflET OFF^B TO TOO AS tBl
WITNESS OF TRUTH^ snd he started with hontf
at the idea of violence, and spoke with irisiMs
reverence for the kingj saving, God forbid
that he should touch him ; but he, ncveftb^*
less, had a pike for himself. Indeed, tbe
ii\a.i\Uuess with which he avowed it^ gaf^an
957]
Jut likgh Treason*
A, D. 179^
[958
<jouU/* says lie, " I hail a pik<r, but I wouiti
I'll »-'v,. ,.., t.i >.. i,,...r . !>ictnber of the
: % thjit it wa*
ij I, to frnpJoy
I ^ or
it. ■ ■ . ' I ^lar-
liitmciit, throitgh the inenfi!) ot liie fTonveution
oi Kdinbnr^h,' thinlatig thai llic House of
Comn 'n to tbiH expression of
the gri ^ of the people; for it
httiJ ucLi^ Lluuwij out, he said, in parliament,
Ihttt liie people did not desire it themselves,"
■ htjsc cifidence I have al-
r 1 1 , a MHlate, pkin ^ sensi-
hiu iL. u^u of his afleclioD to the
gove^^ I of the insults and threats
i%hirli ;,«v, ;...^.* offered to the people of Shef-
field: he fiays, ** 1 heard of arms on Ihe Cas-
t!r-f.ill. Lilt' it i^ fit this should be disUnclly
• 1 hand- bill, to provokV
uu I lUjde, hiid been thrown
ftboui the tuwa in liie night, whicti caui»ed
agitation m the mindf of xhr people ; and it
y^ nkenof, a^ right of every
ii. Luhavcari) nee; but there
wiis no i(Jc;i ever stalled oi rcjn*h«^% mueh
leaa of fittachtnif^ the government, I never
heard of surf ' I fear God," snid the
witness, " i r the king; and wmild
Dot have cdi-D^n^i to scud h delegate to
Edinburgh, but for pcuceublc and legal ptir-
poscs,"
The next evidence, upon the subject of
inss, b what is proved bv Widdii^un, to which
I beg your particular sittention, he*au$e» if
there be any reliance upon Ins tet^tHnony, it
put* an end to every criminal imputation upon
Dsvi^'on, Ihrmjgh whom, in the strange ujan-
'^b^ervedupoUy Hardy could alone
' d.
ijHN liLin, Widdison, who wa^ both a tnr-
und hiiir-<lresser, and who dressed Davi-
Ts hnir, and washismost intiin ' lin-
ce, c;ivcs you an account of li >u«
riversationst"- " ♦'- um|.i l *.*> the
3 it is inn it ihey could
«i"< ifi '^ la ;- and he de-
'th, that Davison,
jc ut .luthority of
!iL' same
n Socie*
iiC leUei to iiuidvpw/ /tt» tmu headf
-' erpraurd if ^ Etnd tbal he, VViddi*
hi the number of
.nn, be fiaid» wn^
IP ■■
I
I
cJ
tin
in
11-
U
In
1/
ii'
|p
Ki ..
iiuiall
ll<ifVp*t Pi^.
Ml tn'j jMK'> Tur iaiCj
• n and a hnlfp and one
itlujut conceiving that
I Uw. ** I love the
.1-1 likli'h IIS :il 'J iTiHn*
I he
>i if
I mc pri*
liescnta-
l— fnfc i>i.KR Of Rjcu*
OKA.Y ojgxtip*'
Till <4 was Ihe witne«is who was «hown tha
dukeS letter, and spoke to it aa being cij
culated, and as the very creed of the socictie
-^This evidence shows, beyond all doubt, th
genuine stntiments of these people, becaus
It consists of their most eonfiaential eommt]
nicaiions with one another ; and the only
swer, therefore, that can possibly be given
it is, that the witnesics, who deliver it,
imposing upon the Court — But this (as 1 hav|
weaned you with reiterating) the crown can
not say: for, in that case, I heir whole proo^
falls to the ground together, since it is onlj
from the same witnesses tlmt the very cxisl^
encc of these pikes and their !• "'^""^ ^ome
before us; and, if you su^i ev*
dencc in part ^ for the reasons .U.^ . . , ^.vcn, \%
must be in toto rejected.^ My friend is
good as to furnish me with this farther ob^r
valion, that Widdison said he had oftefl
heard those who called themselves arislocral
say, that if an invasion of the countr>* shouli
take place, they would bt gin with destroy ii]
their enemies at home, that they might '
unanimous in the defence of Ihetr country.
John Hill was next called: he is a cutle
and VkA% employed by Davison to make ih
blades for the pikes ; he saw the letler whicll
was sent to Hardy, and knew that it was senlj
lest there should be the same call tor dcfenc
in London against illegal attacks upon tin
societies ; lor that at Sheffield they were daiiyJ
insulted, and that the opposite parly camej
to his own house, fired muskets under th
door, and threatened to pidl it down;
swears that they were, to a man, faithful
the king, and that the reform proposed was i
the Commons House of Parliament.
John Edwards was called, larllier to con
nect the prisoner with this combination
force : but »o far from establishing it, he swore
upon his cross-examination, that hi» onlj
reason for going to Hardy's was, that h<
waQted a pike for his own defence, without
connexion with Davison, or with Sheffield, an4
without concert or correspondence with an|
body. He had heard, he said, of the vii
Jencesat Sheffield, and of the pikes that ha
been made there for defence ; that Hardy, on
his application, showed him the letter whici]
as has appeared, he never showed to any othe
person, — ^This is the whole sum and sub
stance of tlic evidence which sppli*?^ to tli^f
chiirge of pikes, after the ' Uion
untler Iht* sanction, and I irlii
ire wiuf h, so iar troru es*
mid have been a salisfi
tr nj ^ilmost any ^ *'m ny
h a fact could have I -rte
j.>, , - '-" .u.',i-.-.i i.r.w. ,. pn-^
sonr I Iwell
upou ...^ „ .
caua* the wh>
aniwer \u \\u
chcii f 1
won J
dcnce 1^^^*^*=^* iv^^aik vW^ \\jb\.v\, \>ax\is?
t It IS the compkt
it which even a fra
950] S5 GEORGE III.
sources, which the crown was driven to, for
the necessary foundation of the proceedings
before vou, it has been simple,— uniform, —
natural, and consistent ; and that whenever a
different complexion was to be given to it, it
was only through the medium of spies and
informers, and of men, independently of their
infamous trade, of the most abandoned and
profligate characters.
Before I advert to what has been sworn by
thb description of persons, I will eive you a
wholesome caution concerning uiem, and,
hftving no eloquence of my own to enforce it,
I will give it to you in the language of tlie
same gentleman whose works are always
seasonable, when moral or politiqal lessons
are to be rendered delightful. Look then at
the picture of society, as Mr. Burke has drawn
it| under the dominion of spies and informers:
I say under their dominum^ for a resort to
Sies may, on occasions, be justifiable, and
eir evidence, when confirmed, may deserve
implicit credit: but I say under tlic dominion
of spies and informers, because the case of the
crown must stand alone upon their evidence,
and upon their evidence, not only unconfirm-
ed, but in direct cwUradiction to every srt/raen,
not an informer or m gpy^ and in a case too
where the truth, whatever it is, lies within the
knowledge of forty or fif\y thousand people.
Mr. Burke says — I believe I can remember it
without reference to the book.
" A mercenary informer knows no distinc-
tion. Under such a system, the obnoxious
people are slaves, not only to the goveinment,
but they live at the mercy of every individual ;
they are at once the slaves of the whole com-
munity, and of every part of it; and the
worst and most unmerciful men are those on
whose goodness they most depend.
^' In this situation men not only shrink
from the frowns of a stem magistrate, but
are obliged to fly from their very species. The
seeds of destruction are sown in civil inter-
GOtu-seand in social habitudes. — ^I'he blood
of wholesome kindred is infected. — The tables
and beds are surrounded with snares. All
the means given by Providence to make life
safe and comfortable, are perverted into instru-
ments of terror and torment. — ^This species of
universal subserviency that makes the very
servant who waits behind your chair, the ar-
biter of your -life and fortune, has such a ten-
dency to degrade and abase mankind, and to
deprive them of that assured and liberal state
of mind which alone can make us what we
ought to be, that £ vow to God, I would
sooner bring myself to put a man to immedi-
ate death for opinions I disliked, and so to get
rid of the man and his opinions at once, than
to fret him with a feverish being, tainted with
the gaol distemper of a contagious servitude,
to keep him above ground, an animated mass
of putrefiution, corrupted himself, and cor-
rupting aU about him."
Gentlemen, let me bring to your recolleo-
tioii the deportment of the first of thu Uibe^
Trial qfTKmat Hardy
[960
Mr. Alexalider,— who could not in half an
hour even tell where he had lived, or why bo
had left his master^ — Does any man Ueueve
that he had foreotten these most recent tnms-
actions of his Fife ? Certainly not — but his
history would have undone his credit, ud
must therefore be concealed — He had Hnd
with a linen draper, whose address -we could
scarcely get from him, and they had parted
because they had words: — What were tiio
words? We were not to be told that.— Ht
then went to a Mr. Kellerby's, who agreed
with him at twentv-five guineas a year. — Why
did he not stay there ? — He was obliged, it
seems, to give up his lucrative agreement, b^
cause he was obliged to attend here as a wit-
ness.— Gentlemen, Mr. Kellerby lives only m.
Uolborn, and was he obliged to give up a per-
manent engagement with a tradesman in Hoi*
bom, because he was obliged to be absent at
the Old Bailey for five minutes in one sinrie
day? I asked him if he had toldMr. White, Uis
solkitor for the Treasury, who would not have
been so cruel as to deprive a man of his bread
by keeping him upon attendance which might
have been avoided by a particular notice.—
The thing spoke for itseU^he had never told
Mr. White : but had he ever tok) Mr. Kel-
lerby ? for how else could he know that his
place was inconsistent with his engagement
upon this trial ? No, he luul never told him!
— How then did he collect that his place was
inconsistent with his duty here? This ques-
tion never received anv answer. — ^You saw
how he dealt with it, and how he stood stam-
mering, not daring to lif\ up his countenance
in any direction, — ^.confused,— disconcerted,—
and confoimdcd.
Driven from the accusation upon the sub-
ject of pikes, and even from the very colour
of accusation, and knowing that nothing was
to be done without the proof of arms, we
have got this miserable, soHtary knife, held
up to us as the engine which was to destroy
the constitution of this country; and Mr.
Gro\-es, an Old Bailey solicitor, employed u
a spy upon the occasion, has been selected to
giveprobability to this monstrous absurdity,
by his respectable evidence.— I understand
that tliis same gentleman has carried his sys-
tem of spying to such a pitch as to practise it
since this unfortimate man has been stinding
a prisoner before you, proflfierino; himself, as •
friend, to the committee prepaung his defence
that he might discover to the crown the ma-
terials by which he meant to do fend his life.
— I state this only from report, and I hope in
God 1 am mistaken ; for hum in nature starts
back appalled trom such atrocity, and shinnks
and trembles at the very statement of it-*-
Ikit as to the perjury of this miscreool, it will
appear palpable lieyond all question, an4 ha
shall answer for it in due seaeon. U»
you he attended at Chalk Vmm
there, forsooth, amoaaat
thousand ptiWMui
fHil-i
Jkr High Treaion*
A. D. 179i;
[9G8
seen many more, as liardly any man goes
without a knife of some sort in his pocket.-^
lie asked, however, it seems, where they got
.'these knives, and was directed to Green, a
hair-drcsser, who deals besides in cutiery;
and acairdingly this notable Mr. Groves went
(as he told us) to Green's, and asked to pur-
chase a knife ; when Green in answer to him
said, <* spedk low, fur my wife is a damird
aristocral.'* — This answer was sworn to by the
wretch, to ^ive yuu the idea that Green, who
had the knives to sell, was conscious that he
kept them for an illegal and wicked purpose,
and that they were not to be sold in public.
—The door, he suys, being a jar, the man de-
sired him to speak low, from whence he would
liave you understand that it was because this
aristt)€ratlc wife was within hearing. — ^This,
gentlemen, is the ttstimony of Groves, and
Green himself is called as the next witness ;
and called b^ whom ? Not by me^l know
nothing of him, he is the crowu*sown witness.
— lie is called to confirm Gn)ve's evidence ;
but not being a »pif, he declared solemnly upon
his outh, and I c an confirm his evidi nee by
several respectable people, that the knives in
question lie constantly, and lay then, in his
open shop-window, in what is called the show
glass, where cutlers, like other tradesmen, ex-
pose their ware to public view ; and that the
knives ditTer in notliinv from others publicly
sold in the Strand, and every other street in
London;— that he bespoke them from a rider,
who came round fur orders in the u.-«ual way ;
iliat he sold only t'ourleen in all, and that they
were made up in little packct^, one of which
]Mr. Hardy hud, who was to choose one for
himself, but four more were found in his pos-
session, because he was arrested before Green
had an opportunity ol sending tor tiiem.
Gentlemen, I tliink the pikes and knives
arc now completely disposed of; but something
was said also about gu'is ; let us, ther6fore,
see what that aniuunts to. — Ll appears that
Mr. iiardy was applied to by Samuel Wil-
liams, a gun- engraver, who was not even a
member of any sdciciy, and who asked him
if he knew any body who wanted a gun —
Hardy ^aid he did not; and undoubtedly ui>on
the crown's tiwn showing, it nuir^l be taken
for granted that if at tliat time he had been
acquainted with any plan of arming, he would
have given a diHmiil answer, and would
liave jumped at the otVcr : — about a fortnight
aAcrwards, however (Iiardy in the interval
havhig become acquainted with Franklow),
'Williams called lo buy a pair of shoes, and
then Hardy, recollecting his former a |>pli cation
referred him to l rank low, wliu had in the
most pubhc manner rai:^ed the forty men, who
were called the ijoyjl Lambeth Association : —
io that, in order to give this transaction any
IjMrmgnpun tlie charge, it became necessary
■suier FrauklowS association as an armed
■OMiutthti guvcrumcDt;— liiough
~ ••ho compoiod ii wera cqU
iaqnent;— UvNiil^
th^ were enrolled under public articles ; —
and though Franklow himself, as appears
from the evidence, attended publicly at the
Globe tavern in his uniform, whilst the car-
touch boxes and the other accoirtre.nents of
these secret conspirattjrs lay publicly upon
his shop board, exposed to the o^ien view of
all his customers and neighbours. This story,
therefore, is not less contemptible than that
which >ou must have all heard concerning
Mr. Walker,* whom I went to di'fend at
Lancaster, where that respectable gentleman
was brought to trial upon such a trumped up
charge, supported by the solitary evidence of
one Dunn, a most infamous witness: but
what was the end of that prosecution? -I re-
collect it to the honour of my friend, Mr.
Law, who conducted it for the crown, who,
knowing that there were persons wbo}<c pas-
sions were agitated upon these subjects at
that moment, and that many pers(»ns liad en-
rolled themselves in socicLies to resist conspi-
racies against the government, beliaved in a
most manly and honourable manner, in a
manner, indeed, which the public ou^lit to
know,'and which I hope it never will forget :
he would not even put me upon my chalieiiges
to such persons, but withdrew th(-m from the
panel ; and when he saw the complexion of
the ai^ir, from the contradiction ol the infa-
mous witness whose testimony supported it,
he honimrably gave up the cause. . .
Gentlemen, the evidence of Lynam does
not require the same contradiction which felt
upon Mr. Groves, because it destroys itself by
its own intrinsic inconsistency ;— i ( onld not,
indeed, if it were to save my life, underiake to
state it to you. — It lasted, I think, about sis
or seven hours, but i have marked under
different parts of it, passages mj grossly con-
tradictory, matter so im|>ossible, so iiMunsis-
tent with any course of conduct, that it will
be sulHcient to bring these part<« to your view,
to destroy all the rest. But let us tirst exa-
mine in what manner this matter, such as it
is, was rceorde<l.— lie professeil to speak from
notes, yet 1 observed him frequently looking
up to the ceiling whilst he was speakinz ;—
when 1 said to him, Are you now speaking
from a note i Have you got any note of what
you are now saying? he answered; Oh no,
I this is from nicollection. — Good God Al-
I mighty! recollection mixing itself wiih notes
in a case of high trea'^oii i— He di«l not even
■ take down the wonls-nav. to do the man
justice, he did not even atl'eet to have takers
.the words, but only the substmce. as he him-
: self expressed it — O Kxcti.i.rNi r.vii>r.\ei. !-^
, ThL ?»UBSTANCK of won OS TAKEN IHiWN UY K
, SI»Y, AND Si;PIM.Ii:i», WIII.N lil.Fr.CTIvr, bY HIS
, MtMouY. But I must not ndt iiiin a >py ; for
it seems ho took them fnuia fide .ts a delegate,
and yet himn fide as an informer;— wlwt a
happy combination of fidelity ! faithful to
serve, and faithhil lo betray I— correct lo rc-
3Q
» Sco \u* UiaXVoV ^^>^. \^^V
MS]
S5 GBOROB m.
Trial ^ Thmm Hardy
ff«
•eard for the business bf the ioci^, and cor*
reet to dissolve and tu punish it ! — ^What ailer
all do the notes jlmoun t to ^ I ' 'will adtert Co
the parts I alluded to — they were; it' seeoi^
tD go^to Frith^treet, to sign the Dedaratioa
of'the Triends of the Liberty tjf the Press,
which lay there ^Ifeady signed by between
t3»enty and thirty memSers df the House of
Gotemons, and many other respectabliti and
opiilent men, and then they wer^ to begin
clvN confusion, and'the king's head and Mr.
PitVs were to be placed onllemple-bur. — In>-
mediatety after which Wfe'fiud tnem resolving
unanimously to thfmk Mr'. Wharton for his
speech to support the glorious Revolution of
-J088, which supports the very throne that
WJM to be deettroyed! which same speech
they were to ci^cCilate in thousands for the
use of the 'societies throughout the kingdom.
— Such incoherent, impossible Matter, pro-
ceeding from such' a sdUrce, is unworthy of all
farther toncern.
Thiis driven out of every thing which re-
lates to arms, and from every oUier matter
•which can possibly aittach upon lifV^ fhe^
have recour^ to ah expedient, whic*h, I <de-
ctare, fills my mind with horroratidtetVor :' it
is this— The (.'orrcspdnding Society had (you
rect)l!ect), two years before, sent delegates to
Scotland, with specific instruction'^, AeaceabTy
16 pursue a parliamentary reform ; — vrhen'tlie
convention Which they were sent to was dis-
j««cd, they sent no Others^for they were
arrested when only considering of the pro-
priety of another convention. It happened
that' Mr. Hardy was the secretary during the
pibriftd' of these Scotch proceedin^i^, and the
letters consequently written by him, during
that period, were alloiiicial letters from a large
body circulated by him in poiiitof form. When
theproposiiiun took place for calling a second
Convention, Mr. Hardy continued to be se-
cretary, and in that character, sicned the cir-
culJir lellcr rekd in the evidence for the crown,
which appears to have found its way, in the
course ol circulation, into Scotland. This
single circumstance has been admitted as the i
foundation of receiving in evidence against i
th< prisoner, a lon^ transaction imputed to i
one Watt,* at Edinburgh, whose very exist- I
ente'Was unknown to" Hardy— This Walt
hid been employed by government as a spy, ;
b<ft at lafit caught a Tartar in his spyship ;
for;' in endeavoming to urge innocent men to
a f^oicct, which never entered into their ima-
ginaUonfi, he was ohitged to show himself
r<^dy te do whait he recomihended to others ;
and 'the tables bfcing turned upon him, he
waoi hanged by his employerii. — This man
Watt read frorti a paper designs to be ac-
o^mpltshed, but which he never intended to
attempt, and the success of which he knew
to be visionary. — ^Tip siippose that Great Bri-
tain''cbilld have 'been destroyed by sucli a
rebel aft Watt, would be,' as Dr. Johnsdnsaya,
« j>0e Hb casfl^ iuMf, VoL sk, ^. Iter.
to expeet thatna (real citv migbl be dinaWM
by the overflowing of its keimela. Bat what-
ever m%ht bfe the p^l of WflU^ ood^' '
what had HatdV m do whh it?.' The'
with Watt were five or aia fienom^
unknown to Hardy, and not ntembera' ofi
society of which' Mr. Hardy was '• nMAb
I vow to God, therefore^ that I cumotelflN
what I feel, when I am obligfed lo stai»'l8l
evidence by M'bich he is toiitfit to beaiUlil.
— A letter, via. the circular iettar tigaed M
Hardy for calltes aiibthcr cmiventidDL"'-ft
shown to George Itosa^ Who nyalia temtii
it from one Stock, who belMiged to' i aooaQr
which met in Nicholson -stfe^et. in fidodbMrir.
and that he settt it to Pntti, StrMhciK
Paisley, and other pUoes iA' 3cotiaiid ; iM
the single uiiconMGted evidence of thia taii^
lie letter, finding its way into Scotland 'Ik
made the foundation of letting in the wHoli
evidence, whi^h hanged W«tt,a9aifi8tGbi4f»
who never knew him.— Geveminent ha^al
its' own spy in Scdtland upon thia evidtecK
and it may be sufficient evidence for An
purpose : I will not argue tfie case'of ia daad
man, and, above all. of such ateao; biitl
will say, that too much money was spent xt^
this performance, as I think it cost govern*
ment about fifty thousand pounds.— >M*fiiriA
says, that vVatt read from a oaper lo if ednl^
obittee of six or seven people, of whkh* hL
the witness, was a roeinDer, that gentlemei^
residihg in the country, were not to leave
their habitations, under piun of dcsatb ; tbit
an attack was to be made in the tnanner yea
remember, and that the lord justice ClerK^
and the judges, were to be cut off by these
men in buckram ; and then- an address was
to be Kent to the king, desiring him to dis-
miss his ministers and to put an end to thfc
war, or that he might expect had conse-
qiiences. What is all this to Ma.
Hardy? How is it possible to affect lis
with any part of this ? Hear the seouel, and
then judge for yourselves.— Mr. Watt said
(%. r. the man who is hanged, said), after
reading the paper, that he, Watt, wished to
correspond with Mr. Hardy in a safe manner;
— so that because a ruffian and a scoundftl^
whom I never saw or heard of, chooses, at
the distance of four hundred miles, to aij,
that he wUhet to correspond with me, I am If
be involved in the guilt of his actions I It b
not pro&'ed, or insmuated, that Mr. Hard?
ever saw, or heard of, or knew, tbat socb
men were in being as VVatt or Dowrne : — ildr
is it proved, or asserted, that any letter wai^
in fact, written by either of them to' Harder,
or to any other person. — No such letter has
been foimd in his possession, nor a trace uf
any connexion between them and any mc
her of any Enghsh society ;-^he truth IJ
lieve is, that nothing was intended '
but to entrap others to obt^ a
himselfy awl Ae Aat fan awafc''*^*'
Gentldnckvl
alodd lo be maUng nd" iitii
Jm High Treaton*
t^-»I las% vi»hcd* throughout the whole
Ause, that good in cent ions may be tmpuUil
it, but I reaJlv confe&Sf ttmt U requires
Dtnc ingenuity* tur >- • r- - vrni lo fMiiuitnt
tli€ original of all thin
[}»tor>', ami its ftulc^ i^-.t application lo
ho prc^Kot iTJiiK they went *luw» to
otlandf idiu the mrreftt ot t))e prisoners,
4>rd«r, 1 fiippuse, thut we mmht be
|ugKt the law oi bijzh treason by the lord
Aticc rierk of Edinburgh, and tiiat there
ould be a (>ort of rclickifMl to tcdcli the
A. D- n94v
fS
opie «>f £nj;laiid to a
pw&; foi", after i*ll this <
Itionf no
Veo anaiL
Scotland t (•
^iDg thill pa,
ave been
tJaw 111
r En;;ht>h
ul prepa«
II iii'j trial, nor
jI conimisi^ioo
. one for
1 not di&-
.1 . iind» with
^e person, the
, . . it would indeed
mdaious, lo execute
enlkraan upon his
1 tlijtn Convict
i ition of mercy,
! be Mak only hi ought ovtir iu join in tho
id let, under thf- idcut I hat he would not be
cut^d^ and :(r he lia^ not nutfered
Jicculion, if I ^en, was an object
cy, or t:a' , " ' ! was
^*ery roo i ilis-
the nrop^y^'Sti*'!!, njiuu wuji |M;^slblc
I can tncy denvand ll»e life ot tlic pn-
■ at the bar^ on iiccount of a connexion
the very latne individual, though he
corretfHfnded ufUh ktm^ nor iaw htm^ nor
1;^' him^^a who*c very Uing he umt an
intn^tr f
lit^emcn, it is impossible for me to
what impreshion tiiif ob»erv;iiion
tipon you» or upon the Court; but I
I I am deeply impre ^^^^ed with the ap.
^Q of it — IloH ! uj defend him-
uuat auch iti , of g:in)tP —
Tof uiull wonid hG sjie> standing at
I bar of Uod or nian, if he were even to
Jbroll hi "xpres-sions, without
J upon bin ' t» or rashnesses of
I f Tliif^ !*■-'. ki.^*i» ii44» indeed, none of
i €wn to answer for : yet how can he stand
^ ill judgment before you, if, in a season
I aitdngitiition^with the whole pre ;>$ure
nme nt upon him^ywir minds are to be
(ted with crimiuiitiag niaterials brought
•o many qu^irters, and of an extent
'^mockaall power of discrimination ? —
oiiM^ioui that I have not adverted to
blivandth part of them ; yet I am sink>
Oallguc itud weakness,— r am at
^Deiii Karcely able to atand up wbiUl
liifig to yoii» deprived at I have
(^latogett -> -' -^'v thing thai
iJlpfi^e of comfort*
T-£r>** hn^trn, ,..,,.. j,^^ ; iiwg? Jit
Ton once apin of the grcii
Kiich aU J luvf b<cD aaying
Gentleoiefip my whole argument th
amounts to no more tliun tins that befoi
the crime ot compus^nig Tll^ kikoS utAt
CHO be tnMT" ' f-'- ^ • *^ if/, whose proviH
it is to j!. U miibt be
lievfd bj^ y.., Lv, ..^vL ;, .,.,w4 in point of fw
— Before you can Bdju<lge a f*ct, you m
Mieve U — iiot su&peclil— or huagine it,
iskncy it,— Bi/T a£Lj£VE jt ; — and it is imp
bibie to imnress the tuinmn mind witli «^u^
a reasoniibic :t: il behcf, at h nec^
aary lo be in^ oJore a cbnstian ma
can a<^ljudge hi:^ nc^gttbour to the smallest i
nalty, much le>s to the pauis of dearh, wit
out having such evidence a$ a reasonab
mind will accept of, as the infallible te^t
truth. And what is that evidence f — Ncith
more nor les^s than that which the con^Utl
tion has €iitabh!>hed in the court* for the i
neral administration of justice ; namely* that
the f-viiiiMirf rofivinceS \\^f' inrv hfAfififl all
rca ubt, that U
con^ I ^ ihe crime, i i
the man up<m trial, and was the main sprifl
of his conduct* The rules of evidence, ^
they itre settled by law, and adopted in ]
general administration, are not to be oyc^
ruled or tampered with. — ^They are found*
in the chariucs of religion — in the philosopb
of nature — in the truths of history, ancl j
the experience of common life; and whoev|
ventures rashly to depart from them, let h'u
remember that it will be meted to him in it
same measure, and that both God and mi
willjudge him arcurdingly. — These are arg
meats addressed to your re.tAUT* m^^I ..>
sciences, not to be shaken \d <lj
by any precedenl| for no preo.
uf^ iiyustirc j-^il they could, every hum^
right would long ago have beeu extinct u(j
the earth.— If the stale trials in bad tin
arc to be searched for precedents, what mu
ders may you not commit; — what law
humanity may you not trample upon ; — ^wt
rule of justice may yon not violate;— an
wh^t maxim of w.se policy may you i'
ubrugatc and confound? if " ' i^ts
bad times are to l»e imphtiti . wi]
should we have heard any r * ^Elf
You rai»ht have conviclcd \
dencc, tor mafiv hiv* ht en ^ .
in this man nti
liament. U \n
be followed, why Nhould the i
mon% have inve^lii;ate*l the-
the crown have put Uicm into Uua cour^^j
judicial trial ? since, without Mirh » trial, ai
IS live spurs of
See il, witl, \ oV y^ p, \»*-
967]
35 GEORGE III.
joccasions were blunted, were repealed and
execrated even l»y parliaments, wliicli, little
as I may think of tlic present, ought not to
be compared with it: parliaments sitting in
tlic darkness of former times,— in llie night
of frorrUiin,— before the principles of govern-
ment were developed, and before the consti-
tution became fixed. —The last of these pre-
cedent?*, and all the proceedings upon it, were
ordered to he taken oft' the file and burnt, to
the intent that the same might no longer be
visible in after ages : an order dictated, no
doubt, by a pious tenderness for national ho-
nour, und meant as a charitable covering for
the crinics of our fathers. — But it was a sin
against ]U)tteriiy; it was a treason against
society, — for, insteafi of commanding them to
be burnt tliey should rather have directed
them to he blazoned in lar^e letters upon the
wall^ of our courts of jiistice, that, like the
characters deryphered iby the prophet of God,
to the l'a»iti'rn tyrant, they might enlarge
and hiacken in your sights, to terrify you
from ai ts of injustice.
In times, when the whole habitable earth
is in a state of rhango and fluctuation, — when
deserts are starting up into civilized empires
around you,— and when men, no lonij^er slaves
*o the pre.udictsof particidarcountrfes, much
less to the abuses of particular governments,
enlist themselves, like the citizens of an en-
lightened world, into whatever communities
jn which their civil iihcrties may be best pro-
tected ; it never can be for the advantage of
this country to prove, that the strict, unex-
tended letter ol her laws, is no security to its
inhabitants. — On the contrary, when so dan-
gerous a lure i* every where holding out to
emigration, it will be found to be the wisest
policy of Great Britain to set up her happy
constitution.^lhe s^lrkt leUer of her guaTclian
Trial of Thomnx Hardy [968
Gentlemen, what we read of in books makes
but a faint impression upon us. compared to
what we see passing under our eyes in the
living world. — I lemrmber the people of
another country, in like manner, contending
for a renovation of their constitution, some-
timesillegullyand lurbulently, but stilldevoted
to an honest' cud ; — I myself saw the people
of Brabant so contending for the ancient cun-
slitulion of the gcwd Duke of Burgundy;—
liow was this people dealt by } — All, who were
only contending for their own rights and pri-
vilege s, were supposed to be of course disaf-
fected to the Emperor : — Ihey were banded
over to courts constituted for tlie emprwDcv,
as this is, and the Emperor marched his" army
through the country till all was pc;icc ;— bet
such peace as there is in Vesuvius, or .T.tna,
the very moment before they vomit tbrth their
lava, and roll their contlas^rations over tlw
devotefl habitations of mankind : — when tlw
French approached, the fatal effects wcfe
sundeuly seen of a government of constwiul
and terror ; — the wcll-aftccted were dispiriud,
and the disaft'ected inflamed into fury. — .\t
that moment the Archduchess f)e(l trotn Bru?-
.scls, and the Duke of Saxc-Tcschen was sect
express to of^cr thc^'w/e«ff entree so Ion? pe-
titioned for in vain : but the season ofkonon-
sion was past; — the storm blew from even*
quarter, and the throne of Brabant departed
forever from the House of Burgundy. (Jeo-
tlemen, \ vrnture to affirm, that, \vith otlicr
councils, this fatal prelude to the last revolu-
tion in that country, might have beenavLrtrd.
If the Emperor had been advised to make tbe
concessions of justice and affection to his peo-
ple, thoy would have risen in a mass to main-
tain their prince's authority, interwoven with
their own liberties; and the French, the
giants of mo^lern timet?, would, like the sitnls
HfiO] for nigh Treason. A. D. 1794. [970
tion. My hoUl of the colonies is in the dose | from the very bottom of my heart ; — may it
ati'ectioij wliicli grows from common name?, ' please Cioi), who is liie Author of all mercies
from kindred hiood, fnmi similar privilrges, to mankind,who-c providence, lam pcr-^iiaded,
and eoual protection. These are ties which, guides aij«l tui:<:riiitrnds Hie trans ictit ns of
though lijjjht as air, are as strong as links of the world, ami who^e guanl:an spirit h.js for
iron. Lt I the c<douics always keep the idea ■ ever hovered over this prosperous ihland, to
of their civil rights associated with your go- direct and furli^y your jud^mrnts. I am
vcrnment, they will cling and iirapple to yoti, aware I have not ucpiittrd myself to the uri-
and no t'orcc under heaven will be of power to ' furtunale man, who has put \\\> trust in me,
tear them from their allegiance. Dntietitlie in the manner 1 coidd have wis! led ;- yet 1
once understood, that your government may am unable to pnKCtd any farther ; exhausted
be one thim:, and their privileges another; in spirit and in slrenirlh, but confident in th^
tliat these two thinps may exist without any ■ expectation of justice.- '1 here is one thing
mutual relation; the cement is gone; the , more, however, th.it(ifr can) 1 must state to
cohesion is loosened; and every thing ha-tens '. you, namely, that I will .show, by as many
to decay and dissolution. As long as you ! witnesses, as it may he found necessary or
have the wisdom to keep the soverei;in autho- : cunven.rut for you tci hear upun the subject,
rity of this country as the sanctuary of liberty, ' that the views of the societies were what I
the sacred temple consecrated to our conunon h.ive allfje-l thcnj to be; — that whatever
faith, wherever the chosen race and sons of- irregularities or indisrretion.s they might have
J-'nalnnd . worship freedom, they will turn ! conmiiMed, their purposes were honest; — and
their tares toward you. The more they mul- ; that Mr. HardyV, ul ovc all other men, can
tiply, tlie ntore friends you will have; the be es^tablished to have been bO. 1 have, in-
more ardently they love liberty, the more i deed, an ll«njmiublc(icntleinan(Mr. Francis*)
perfect will be Iheir obedience. Slavery they . in my eye, at this moment, to be called here-
can have any where, it is a weed that grows I after as a witness, who being desirous in bi.<i
in every soil. They may have it from Spain, | place, as ji nieudicr if l^arliament, to promote
they may have it from Prussia. Dut until you
become lost to all feeling of your true interest
and your natural dignity, freedom they can
have from none but you. This is the commo-
an in(]uiry into the seditious practices com^
plainerl of, Mr. Hardy oHered him««elf volun-
tarily to come forward, proffered a sight of all
the papers, which were afterwards seized in
«lity ot price, of which you have the monopoly. | his custody, and tendered every possible assise
This is the true act of navigation, which liinils j tancc to give satisfaction to the laws of his
to you the commerce of the colonies, and : country, if fuuujl to be olfcnded. 1 will show
through them secures to you the wealth of the j likcwi"»e his character to be religious, tcm-
world. Is II not the same virtue which does | perate, humane, and moderate, and his uni'»
every thing for us here in Kngland f Do you ! form conduct all that can belong to a good
tmai^ne then, that it is the land-tax act wliich I subject, and an honest man.— When' you
raises your revenue? that it is the annual vote i have he.ird tisis evidence, it will, beyond aU
in the Committee of Supply, which gives you ! doubt, confirm you in coming to the conclusion
your army? or that it is the Mutiny Hill i which, at such great length (for which 1
%phich iiisnires it with bnivery and discipline? : entreat vuur ])ardon;, I have been endeavour-
No! surely no ! It is the love of the people; ■ ingto sup]»orl.t
it is their attachment Ut thrir gf»vernment, I _^ — _
from the Mmse oi the deep stake tliey have in 1 * Now sir Philip Francis, K. B,
fiuch a glorious in-litutii»n, which gives vou | t " So strongly pre po-ssessed were the mul-
yoiir army and your intvy, and infuses into i titudc in favour of the innocence of the pri-
both that lihfTal obedience, without which ' simer, that when Mr. Krskine liad finished
your army uuuld be a base rabble, and your > his speecn, an irresistible acclamation per-
Davy nothing but rottc n timber.'** * i vadcd the Court, and to au imineusc distance
Gentlemen, to conclude- My fervent wish • round. The streets were seemingly tilled with
i% that we may not conjure up a spirit to | the whole of the iuhabitanUt of Loudon, and
destroy ourselves njir set the example hf-re j the passages were so thronged that it was im-
of what in another country we deplore.— I-it j possible lor the judges to get to their carriages.
us cht-rish the old and vinei ihle laws of our i Mr. Erskinc went out and arUlressed tlie nuil-
forefathers.— l^jt our judicial administration j titude, desiring them to confide in the jusilice
be' strict and pure; and let the Jury of the
land preserve the lifV* of a ftlKiw-suhjecl, who
only asks \i from tluMn upon the same terms
under which they hold tlnirown lives, andall
of the country ; rcmindmg them that tlie onlv
securitv of Kuglishmen was under the inestf*
mable Jaws of llngland, and that any attempt
to overawe or bias them, would not only be
that is dear to them a)id their posterity for j an affront to public justice, but woidd cn-
ever. — J^t me repeat the wish with whfch I danger the lives of the accused. Hetiicn bc-
beean mv address to vou, and which proceeds | sought them to retire, and in a fcvr minutes
• See Mr. Burke's Speech on moving his
Hesolut ions for conciliation wit h America, New
Ftel. Ui^t. Vol. 18, pp. 634; 6J6.
I there was scarcely a person to be »e»n. ■***>^
the court No spectacle could be more {Ote«<-
cstine.and affecting.— NVcoimwt^P being
of opinion, that it is the wuettpoiicyapoix all
971]
35 GEORGE III.
EVIDENCS rOR THE PRX^OIfJift.
Trial of Tkomm Hardy
[9»
Tlorimond Goddard swom. — ^Examined by
Mr. Gibbs.
You were « member, I believe, of the
London Corresponding Society ^~-I was-
Were you of the same division with the
prisoner, Mr. Hardy ?— Yes; No. 9.
Did you attend tlie divisions much ? — ^Very
regularly. I do not know that I missed one
night during near two years; it is nearly two
years since I belonged to it.
Is it two years that you have ceased to be-
long to it? — No; two years since I first be-
longed to it, to the present time. I ceased to
be a member of it when Mr. Hardy was taken
up.
You saw Mr. Hardy frequently ?— It was
"very rarely that he was absent.
Were you acquainted with him ? — Perfectly
well ; I have seen him four, five, or six times
a week. I hardly ever missed a Sunday, but I
called upon him, either in tlie course of the
dav, or in the evening.
What was his character — a man of a peace-
able disposition, or at all inclined to riot or
tumult? — A remarkably peaceable dispo-
sition.
Was he a friend to order ?— Very much so ;
there was an instance of it in the society, at
the time we were dispersed from the public-
houses ; he desired particularly, when we got
to a private house, that no member would eveq
brine a stick with him.
Then he was a great friend to peace and
order ? — llemarkabiy so.
What were the objects of your society } — A
parliamentary reform ; nothing else that I
ever heard.
In what House of parliament did you wish
that reform to take place ?~ln the House of
Commons.
Lord Chief Justice Eyre.— The wilness
should be told, that there is a question touch-
ing the conduct of the society, whether it is
highly' criminal, or whether it is innocent ;
the witness under&tanding that, and hem^ wil-
ling to answer, may answer ; but he must un-
derstand that, in consequence of his answering
the questions, on the partof the prisuncr, he
will also be liable to he exumincd on the same
points, on the part of the iiroscciition ; and
that 1 cannot then protect him, if any ques-
tion is put to him that he wuuld wish not to
answer.
Mr. Gibbs, — I understand so.
Lord Chief Justice Kt/re. — Every witness
should understand that when he is calleil.
Mr. Gibbs. — We think that every witness
•ccasions to cultivate and encourage this en-
thusiasm of Englishmen for the protection of
the law : it binds them to the state and go-
Tenment of their country, and is a greater
lecdrityagpinKt revolution than any restraints
that the wisdom of man can impose.** Editor
ffEnhintfiSpetcha,
that wesliall call, will submit to any crofl»«]^«
amination the crown may choose.
Lord Chief Justice £jfre. — ^It is rig^t. ha
should be told.
Mr. Gi7»6«.— You will understand, that it
will not be an excuse to you, with respect t^
anv question that the attorney general niiay
ask, that an answer will accuse your8elf.--I
am not afraid of answering to any thing that
I know.
Lord Chief Justice llyre.— The witness has
had a fair notice of the situation be is in ; if
he chooses to subject himself to aDawer« wy
well.
Mr. 0»6tf.— You hav« saidy that the only
object of your society was a refonn in .the
House of Commons ?— -Nothing else.
Was it any part of your views to make any
alteration in the House of Lords ? — None.'
Had yuu ever any denign to make any at-
tack, or to trench at all upon tho authonty of
the crown ? — No ; God forbid.
You had not t — ^No.
Mr. Attorney Gensral.^l object to that
question ; you should ask him what his olgect
was.
Mr. Gibba.-r-l understand,, and I take tkf
rule from the Court, that a counsel must not
put an answer into the mouth of a witness
but he may lead him to the subject. I
asked if they had any views to ^ change in Hkt
Ijouse of Lords.
Lord Chief Justice Eyre, — I apprehend the
more correct question would be, what were
the views of the society with respect to tlie
House of Lords.
Mr. Gibbs. — I will put it so. You said yoit
did wish that there should be a reform in the
House of Commons; what were the views o^*
the society with respect to the House of Loidb?
—None.
What were the views of the society wiib
respect to the authority of the Crown? —
None.
You told me you were intimately acquainted
with Mr Hardy, did he converse with yo\M
often upon political subjects? — Frequently.
If he had had any views different frum yourv
c]o you think you should have known them f
— I think I should, for curiosity often led ra^
to ask him a number of qtiestions.
Had you any reason, from any conversatioi
that you ever had with him, to think that hit
views were different from yours ; that he had
any views either upon the House of Lords or
the King ?— No ; certainly not.
Mr. Attorney Generut, — I object to that
question.
Mr. Er$hiM,^An you afraid of the ques-
tion.
Mr. Attorney General. — I will not have the
question put in -that form ; I am afraid of
questions that ofight not to be put.
Mr. Ertkine. — ^Afraid of the quesUon beiat
put? . .
Mr. Attorney GeneraL-^l am afraid of no
question that ought to be put, but of questioBft
973] fir High Treason.
fttr. Kr$kin€.--l don't understand you.
Mr. Attorney OmeraL-^l think you would
not have made the observation if you did.
Mr. Erikine.-^! stilt* less understand you
iMWy and am surprised,! own.
Lord Chief Justice £yrf.— What is the
question that vou think there is any doubt
about ; let us fcnow what the question is, and
the CoQrt will give their assistance towards
mediating.
Mr. SoiitUor Geiiefaf.— The attorney gene-
ral objected, because the question was not put
in the pro|>er. style.
Lord Chief Justice £yre.— Ido not exactly,
at this momenty'know to what it pointed ; it
escaped me.
' Mr. GMt.— I tieTieve I had better go on
with the examination. You tell me you never
collected, fh>m Mri Hardy^ that he had any
different views from those that you had? —
No. '■' ,
Did Mr. Ilahly evel* produce, at tlie division
meeting of your society, any letter, that he
received frol^ Sheffield, about pikes ^ — No;
^tever.
Did he ever communicate it to you ?— Never.
FiorimondCodd^rdf Cross-eaamiaed by Mr.
Attorn^ General^. \
That Gentleman afked you whether Mr.
Hardy had evercomamnicated to you that let-
ter from Sheffield, you immediately said no.
Now I sliould l>e gUd to ask you how you
ktfew what letter it was that that gentleman
alkided to^what is the fetter that you mean
to spNcak of, when you say Hardy never com-
ihunicated it to you ?-^The Sheffield letter.
I should he glad to know what Sheffield let-
ter you mean ?— I do not know.
Then how came you to say he never com-
municated the Sheffield letter, withont know-
ing what letter it was?— The letter about
pikes.
Mr. Attorney General. — The witness over-
heard that.
Mr. Gibbnj^l asked, in the examination in
chief, whether tlic letter, relating to pikes,
bid been re^ ; I put in tiiose terms ; I do
aver, upon iny veracity, that I did ; and I will
not have that contradicted.
I^rd Chief Justice Eyre — Tl is time for me
to interpose, and not to suffer these things to
pass at the table. I agree that you did
ask the question in that manner, because I
have taken itsio; but I also agree, that you
ought not to interrupt the cro.ss-cxaniinatiun ;
Ibey will put their questions in such manner
as they please, and you will set it right, if they
put it wrong, when you come to re -examine
the witness ; there ought not to he any break-
ing in upon one anotlicr, hccaiise one ccnllc-
man thinks thai another gentleman did not
'*2L R"^*^on i" the manner he put it; he
pots the question in the manner he under-
stands the gentleman put it.
Mr. Gi^te.^Because there wu'a direct
cooindictiontothcfact.
A. D. 179*. [974
'Wit. Attorney Gen€raL..>^\ must entreat your
lordships to interpose, and I hold it to be my
duty to do it. There is a gentleman who it
not counsel in the cause, who sits next Mr.
Gibbs, and when I asked the witness the ques-
tion, what letter it was, I heard him in this
part of the Court, as I believe some other
gentlemen did, say, ** The letter about pikes **
Now I do not mean to say, and I desire in
justice to that gentleman to observe, tjiat I . do
hot mean to say, by anv means that he in^
tended the witness should hear that explana-
tion given to Mr. Gibbs; I do not believe it;
I therefore disavow that ; but I must desire
that no gentleman should sit next the counsel
for the defendant, or tlie coimsei for the
crown, who under — not the colour^ T will not
use that word — but under the fact of commu-
nicating and conversing with the defendant's
counsel, should,, in point of fact, lead— I do
not mean to say in point of intention-»the
witness to giving an answer which he could
not have given.
Mr.' Vaughan. — I presume, my lord, as I
have been personally alluded to, I may be
permitted to speak. 1 assure the attorney
general, and the whole court, upon my hpn-
our, that I had none of the intentions, nor
would have been guilty of the fact which he
imputes to me ; and the only circumstance
which induced me to make one single obser-
vation is this — that Mr. Erskine and Mr-
Gibbs did me the honour to desire that I would
sit next them, because some months ago I
was consulted upon the subject of this trial ;
that being the case, many circumstances
might occur to my recollection with which
they might not be acquainted.
Lord Chief Justice Dyre— There can be no
objection at all ; the Court will certainly not
interpose to prevent your sitting^ next the
Counsel who are assigned for the prisoner, and
giving them any assistance that your parti-
tic ular knoi^'ledgc may enable you to give
them ; at the same time that situation is a
delicate one, and you will undoubtedly t^e
particular care to avoid any thing that may give
any ground to any man alive to suppose you
do not make a correct use of it. I do not
suppo<^ you do otherwise, I have not taken
any notice of your conduct that authorizes roe
to make any objection to it ; but if you said
any thin^ loud enough to be taken notice of
by the witness, you were not so correct as you
slioiild have been.
Mr. Vaughun.-^l certainly would not, my
lord. If the Attorney-goneml desires, I will
remove to any other part of the court.
i-ord Chief Justice Eyre. — 1 do not desire
you should, for if you can, though not
assigned counsel for the prisoner, by your
particular knowledge, he of any use to his
Counsel, the Court nave no objection to your
giving any sort of communication you can
possibly give.
Mr. Attomry Gcaeral.— -V V««i^ wA ^^
diatmcW^ m \ V\«a\ mNwA^, '«V«ti \ \j3XVfi*
075]
35 GEORGE III.
Trial of Thomas Hardy
1976
. Lord Chief Justice Ej/rc.— I had really |
taken down the answer ot' the witness before I
any part of this conversation arose -" that -
he had never heard of any letter from Sheffield ■
"about pikes/'
Mr. Attorney General — llow long have 1
you been a member of this society ? — Nearly
•two years.
. You are of the division No. 2, 1 understand ?
;-Ye8,
Who introduced you into this society ? — A
l>rother of mine.
Where does he live?— lie did live at
No. 17 y in Pall-Mall ? be is removed to llorsc-
lydown.
Were you at the Globe-tavern on the 20lh
of January 1794?— I was.
Were you at Chalk Farm upon the 14th of
April ?— .1 was.
, Being at the Globe tavern upon the SOth
43f January, 1794, am I to understand you to
say, that nothing passed there but what was
(quite peaceable and right, according to your
notion ? — Every thing was very peaceable.
. Did you ever see a printed account of what
passed there? — Yes; there were some resolu-
tions.
Which were afterwards printed ? — I was.
Were the resolutions that you saw in print
a correct account of what really did pass there ?
i-— I think they were.
Then that being a correct account of what
did pa&s upon the 20th of January 1794, vou
mean to sute to the Court and the Jury that
the proceedings, as contained in that printed
paper, were according to your ideas correct
and peaceable, and according to the law of
the land, ;4s you understand 'i — I understood
it so.
You said you were at Chalk Farm ?— T was.
And you also mean to slate as far as your
opinion goes, that the proceedings at Chalk-
>aini were exactly what tliey really ought to
be? — 1 thouLlil so.
Perhaps you were at the meeting in
Breillat's yard when delegates were chosen
to be sent to .Scotland ? — I "was not.
Not being there, pcrha])s you did not
know the fact that a delegate "was sent to
the convention in Scotland ?— Vi^s, I did.
Knowing the fart, you approved of that
measure, 1 suppose!' — Yes — 1 never was in
ollice, but 1 used re^darly to attend.
Did you ever hoar ol" llie Secret Committee
in your society ? — Yes. I h.ive heard of it.
Then having heard of the Secret Com-
mittee, do you happen lo know who the Se-
cret Coninntlee were composed of? — That I
never did.
Bless me ! you were a mcmbrr of the Cor-
respond in i; Society, which ii:id a Secret Com-
mittee; all their transactions were peaceable,
and yet you do not know who the Secret Com-
mittee were ?— No, 1 do not— 1 will say every
thing I know.
Every answer that you have given to me
ye\ proves to me that you arc an honest man.
This society, whose proceedinjgs were so
peaceable, had a Secret Committee ?— They
had.
■ Was it known among the hody in general
who the Secret Committee were ?— -I dp not
think it was.
Then you mean to say, giving this character
of the proceedings of this society, that you
remained in the society ; there being a secret
committee of persons whose names you did
not know, of course you did not know what
were the proceedings of any committee, the
names of which committee you did not
know ?— •.! did not
\Vhen the prisoner and. some .other people
were apprehended, do not you kuow that
there was another Secret Committee formed ?
— I never attended afterwards.
Do not you know that there was another
Secret Connnittee formed P-^-l do not know it
You have heard it in your divisions ? — I
never attended a division afterwards.
You left the society afterwards ?:— I leA tlie
society.
Of course, when there was that suspicion
about the society, you did not choose to con*
tinue any longer ?— 1 did not.
Who were your delegates to the Scotch
Convention ?-^Mr'. Margaret and Mr. Ger-
rald.
Were you in the society, think you, before
the 6th of August 1702 ? — No ; I was in the
society two years within a month.
I hope you have seen the address of the
6th of August, 1792.^—1 ha^ie, may be, but I
caniiot recollect it.
You do i»ot know any thing of the contents
of it? — I do not; it is not in my memory
now.
You say vou know iKithing at all about this
ShcUield letter ?— No.
Did you ever hear of a circular letter that
was sent into Scotland to call a convention?
—Yes.
\V ho carried it into Scotland ? — I do not
know.
Do yuu know a person of the name of
Stock r— I do not.
itccollect yourself? — 1 do not upon my
oath.
How did the printed circular letter, with
the name of T. Hardy at the bottom of it, gel
into Scotland upon your oath ? — It was sentl
presume.
1 .ord Chief J ustice U/yrc— How ? — I do not
know. . '
Mr. Attornctf General. — llow do you know
that it was sent there ?— 1 do not know.
In point of fact, did you ever hear whether
that circular letter went or not? — It might or
mis;ht not.
That is no answer, so might I ; I might or
might not, but, in point of fact, did you ever
hear whether that circular letter ever went?
— It might or might not.
Lord Chief Justice JEI^. — But the qoes-
lion is, have you heard it or not?— I migM
977]
far High Treattm*
A. D. 17M.
[979
have heard it^ but I cannot recollect the dr-
cumstance.
LonI Chief Justice £^r<.— I have taken it
down, that voti heard ot a circular letter which
vent into Scotland f — I heard it went down
into Scotland.
Mr. Attorney General. — ^Where did you hear
tiiat P<>-At the division.
Did you hear any thing what this circular
letter was about- --what were the contents of
it? — ^To call a convention; I cannot repeat
any thing of it.
You consider all the proceedings at the
Globe-tavern on the 20tn of January, and
also the proceedings at Chalk Farm, as in
your opinion, quite peaceable and constitu-
tional proceedings 7 — I thought so.
That is your notion of the matter 7— Yes.
You sing some songs now and then in your
society do not you ? — Never in the society.
How came ^-oii never to sing them in the
society ? — I know not.
. Is it done on purpose, or how happens that ?
—I know not, we were a very peaceable
society — songs were not in general introduced
at all.
I hope you do not mean to say that there
were no eon^ sung at yomr dinner f^There
were songs tnea.
Did yon never hear of a very good song,
called ''God save the Righte of ManP'w
hav^ heard of such a sung.
Perhaps you sung it sometimes yourselfP—
Kever.
Can you tell us what the contents of it are f
—I cannot repeat a verse, or a line, or a
ayllable.
Perhaps you could inform me if you were
to see it ? — I could read it if I saw it
Did you ever hear of a song that has tUs
chorus : —
** Plant^ plant the tree, ftur freedom's tree,
** 'Midst dangers, wounds, and slaughter,
'' Each Patriot's breast its soil shall m,
« And Tyrant's blood its water."
Do you recollect tliat song?-rYou know
more of it than I do — I have lieard of such a
aone.
You have heard this song song, you say,
'' Plant, plant the tree ?" — I cannot say,
upoo my recollection, that I ever have
heard it.
Then how came you to tell me you had
heard tomethine about *< Plant, plant the
tree ?" — I have heard there were a number of
iongs ; I do not know that I ever heard it
MD|b but I may.
When I asked you, and I appeal to the
Court and the Jury, if ever you heard a song,
the chorus of which was *' Plant, plant the
tree*'— you said yesf — 1 have lieard there
were such songs.
Did not you tell me you had heard that
partiailar song ?— I beg your pardon, I did
aal tall you so.
Lord Chief Justice £yr».— You eertainly
iiidyvm had heard the eong, « Plant, plant
VOL XXIV.
the tree." — I have heard there was such a
song, but I never heani it.
Ijord Chief Justice Eifre.—^You are quite
at liberty to explain, but you did say that you
had heard the song, '< Plant, plant the tree V*
—- 1 have ; but I have said I never heard the
song in the society, and there were a number
of songs sun^--- there was a roan that did
attend the society with songs, a pack of idle
songs, and we would not suffer him to attend
the place.
Air. Attorney Genera/.— How many songs
of Mr. ThelwalPs liave you ever seen, or had
in your possession?—! have had them ally
but £ thought there was no harm in Mr«
Thelwall's songs.
Then you mean to swear you think
there was no harm in Mr. Thelwairs songs P
—I thought there was no harm in them when
they were sold in public shops.
Do you mean to swear that you thought
there was no harm in Mr. Thelwali's soqgs ?
—Yes, I do not think there was in those
that I saw-— I do not know what songs he
may have wrote.
Be so cood as tdl us the names of some of
Mr. ThcTwairs songs, as you have all of
them P— I do not know what all of them i^.
Tell us the name of some of them ?•— There
was one very long ona, I cannot recollect the
title of it.
Yoa have aliof Mr. Thelwairs songs, but
you cannot tell the tide of one of them?— I
uo not know how manv songs he wrote, there
were three of Mr. Thel wall's songs ; I do not
know what you mean by all.
They were printed all upon one sheet of
paper, I believe ? — They were sokt publicly.
And dispersed all over the coantry, were
they not ?— I cannot tell ; upon my oath I do
not know that they were dispersed any where.
Have you those songs in your possession P
— I have.
What were the titles of them?— I eaonot
recollect the titles.
Mr. Attorney OeneraL-'-Look at this paper,
read a part of that song, and tell me whether
that is one P
Ooddard, — Which song do you mean f
Mr. Attorney Genera t,"'^^ God save the
Rights of Man."— It might or might not, I
cannot say.
Mr. Erskine. — If vour lordship's time to be
consumed about this gentleman's opinion
upon a song ?
Lord Chief Justke Eyre, — If the sonc i»
proved to have lieen sune in the society, Uieo
It is competent lo ask wliether that sons is
Kcaceable ; but unless the song is proved to
eve been sung there
Goddard.—l neJiCT heard ttus song mtng
there.
Lord Chief Justice Eyre. — ^He has said that
all the proceedings there were peaceable and
orderly ; then if this song is proved to have
been sung there, there certainly cau ha Wk
impropriety in a%kwi% toa ^V^iMMet gMMrii?ftTTi%
u a
9791
35 GEORGE
Trial of 7^oma$ HorJ^
weo
to his judgmeot, that |>rocecdiDg wa^ peace-
able »utl orderly, but it is not proved that it
was sung there.
Mr, Ersktne,— But it is not proved that it
was either sung or said there.
Mr. Attorney Genm^ai. — Xx>0k at that
[<<howiBg a paper to the witness] and tell me
%*hclher that was printed by order of the
Corresponding Society, or notf — Not as I
know of.
Had you ever a paper of that sort in your
hand T — Not as I can recollect, and I would
ccollect if I could ;— as I told you, 1 never
ras in office, but I regularly attended.
YancU Dottling sworn. — Examined by Mr.
Gibhs.
Were you a racmber of the London Correj*^
ponding Society ? — Yes.
Of that division of which Mr, Hardy was a
ucmbcr^ — Yes.
What was the object of the society ?— To
ilkiain a parhamentary reform.
In what part o/parUamenl? — lo- the House
dI Commons.
Had you any other object but that ?— No
her.
What did you mean with respect to the
Cing, or the t louse of Lords ? — We had no
ih oughts of them ; a reform m parliament was
all that we wanted.
1 9 And you have said^ tj pajrliament you
ncant the House of Commoos £— The House
of Commons.
|2 Did you entertain any other idea yottfsetf
Ibut that of a reform in the House of Coin-
lons?— No other*
Had you any idea of opposing the govcra-
[^eatby force? — No.
Had you any intention of doing thatf —
Have you seen the prisoner at the bar, Mr.
I Hardy, there often ? — Yes.
l3 Did yoa ever 6od, from conversation with
Ih'uxkj that he had any such intention?— Quite
l^lhe contrary.
What was hie character — that of a peaee*
r^ble, orderly man, or the contrary P^ — A
I jeaceabie, orderly, and a pious man\
Were you one of the London Correspond*
I ing Society* when a convention, as it is caUcd,
I irras talked of? — Yes.
L W bat was your object in calling that^ con-
li'rention ; what was it lo do?— To appoint a
J number of delegates to take the sense of dif-
r Jcrent divisions^ as to obtaining, by the best
|iDieane» a reform in the House of Commons.
Was il any part of your intention that this
convention should proceed by fowe? — No,
nor do I believe it was the intention of any
c 14th 0^
^Franeit DomUng cross examined by Mr^Ai-
tornet/ OtntraL
» If of this
tfoci*
\V iui UAv mmi Qia yuu hciuu^ tui*— No. SC
Mr. Gi6A«.— Did Mr, Hardy ever pi
at the division, when you were there, a
from She fTield about pikes f — I never saw it
in my lile. •
Lord Chief J ustkc Eure. — Nor heard of it?
— Nor beard oi it from him, nor any body else.
Mr. Attorneif GtneraL — When did you be-
come a member of this society? — It was ia
the cornmenrement of it.
Early in March I79'i« «^ in Febniaiy^ — I
cannot rei:ollcct; it was about th^t tiise.
Did you dine at the thrown and A
tavern upon the second of May last 9
Dmling. — When Mr, Home Tuoke was
the chair.
Mr. Atiorney Gentfrfl/,— No, citizen Whi
ton, I understand, was in the chair.— 1 dkL
Did you drink all the toasts given that dav?
— -I do not recollect that I drank ail Ute
toasts. I
You remember Ihe music there ? — i do nol^
recollect what it was. ' «
I hope you paid for your own ticket ^»i
didf
Arc you sure of that ?-*-Yes.
How much did you give fot it
sbiUingsand sinpeocc.
Were you at Chalk Faztn on the
April ?— 1 w*as.
Were you at the Globe-tavern upon the
90th of January? — 1 do not kuow that I wst
at the Globe-tavern; I cannot recollect posi*
tively.
You saw, however, the proceedinp At tbt
Globe-tavern, which were afterwards in print:
you saw the vesolutions tliat were entered
mto ? — I have seen them.
You approved of them^F — ^I do not iMoUtd
what they were.
If you had had any objeelioos to them
when you saw them* you wotdd of
have staled them to your society f — I
tell whether i had any objectiona to
or not
If you had, you^ would hive ttatod Ibem
your society; yoi» wefe a delegate ? — I was il
one time.
For how long F— About f\x months.
Do not you recollect the time whcn^ll
was about tivA or six months bark.
You are well actjuaaUed with your friend
Spence, in Uolboru ? — ^No,
Lord Chief Justice Eyrt, — ^Whcn did jpoo
cease to be a delegate r<— About five ot ak
months ago.
Mr, Attorn^ Genemi. — You know nothing
ofSpence, who lives in Holbom? — I knofi
ihe shop, I do not know ihe man (temooiSy.
You have bought a good book there nov
and then ? — ^I have bftu^hi pamphlcAa t'
Were you evt it ui«
tiinef— T do not ki \t yon mean,
! kuow irranklow of lanil»ethl^
h:' n».
was «Dy careii*
ivy. Ait,
Ui\l >ou Knuw Ltiat thete wia toj cucrdi^
bemV
m}
fir High Trtaton*
m% Bl Spencc'i?— I never knew it till I heard
Do you know a man of the nime of Ed-
frmids? — ^I have beard of him.
^ When did you 6rst see his plkef*—! have
litianiortL
Did you oever see his pike iiJl hm was
Ukenupf — ^No.
You nave seen lliilier ? — ^I laever saw his
pike.
I asked you about liillierf^I aever saw
Hlllicr.
You ha<] no sccretcomroillee in the London
Corresponding ^ciety, 1 hope, had you? —
N6I Ihiit I know of.
Do you know of a committee, sometimes
called the Coiiimillee of Correspondence } — I
have heard of huch a thing.
Who were the members of itP — I caRfiot
lake upon myself to know.
lias your aociety a committee without
knowing the members of ilf — If there was
dcie^ it was voted by balAol^ Iheietore 1 could
mot telL
You know Mr» Hodgson, perhaps, tlic hat-
Kf, in the Broadway, Weil min si er? — I -do.
Upon sour oath, when the prisoner at the
hta^ and the (ithcr membersi of your secrat
committee, wa^e taken up, was not there ano*
tbtf socTct commitiae, named by Mr. Hodg*
900 f — I zjever ktjew of it
Do you knaw gf it now? — No.
Then you mean to swear that you do fiot
know that there was ^Mch a coamuttee f— *
Kot ap[>ointcd'hy Mr. Hodgson
Then \A'a3 there a secret committee ap>-
pointed by any hotly else ?
DowUng. — If I uaderstaud the que&lion, it
u whether there was a secret commitlee ap*
foinied aJler the apprehension of Mr. Bardy ?
Mt. AUamty Ucntrul — Yes.— Then my
answer i«i 1 do not know.
lUvt yoi^ never beea 10 AiCademy-oourt,
CtiiitioQty'laae ?-p-No,
Then if any secret committee met thcret,
you know nothing aboul it? — I do not.
Do you koow Smith, of Portsmouth-street ?
—J do.
Do you know one Burks?— Very Jittfe.
"Do yon know a man of the name of Hig-
^ IS?— No, I never saw him, nor never heard
of him till 1 heard of his apprehension^ if that
is the man.
Did you never hear of those, or any other
yanons being a secret cornmittu«>^ to succeed
Hm secret committer i Corres-
yofidiiif Soeietv, that ii itnUioae
peopla were taken up ? — No,
_ Im you never heard that there was a le-
it eoftuoittee before iboie people were taken
__ ?*-.Ycs, you ^id^a committee of corrcs^
foodeoce*
\ I did so— 'Did you never hear that Smith,
m|gyna,oraotii«oftKoaep«opl«. had baen a
aWMiiiitNi of conamimQce Mbia those
paopk wera taken upr-*No.
; xou have heard ol a Comuuttcv of Conrs*
pondcnee before those |ieoplc were taken up ? I
— Yes.
Who were they ?— 1 camiot say.
Was not it studiously kept a secret who
they were ?— No. 1
Ilave not you heard the members of thel|
society complain, that they did not know wt
the members of the Secret Committee of Cor*
respondence were ?— No, I iiever hedrd ihat
complaint.
KecoUecl yourself?*-! cannot recollect my
self to my knowledge upon that business.
You have said there was a secret commit*!
tee, whose names you did not know ; upunyotti
oath, do you know the reason why their a
names were kept secret?— -The reason for itj
that I formed myself, are the only reasons 1
can possibly state.
Those will not do ; did you ever sec in the
society, a paper, that the Ins complain of onai]
thing, a^ the Out!$ of another, ai>d thctefuro^
advise you to get arms I — I never heard gf
such a thing.
Perhaps yon never saw '* La Guillotine;!
or, George's Head in a Basket?"-— 1 nevev|
saw it.
You never saw it? — Nor never heard oft
till this moment.
You say you oever heard of this letter frotisl
Sheffield about pikes ?•-- You asked me if ever J
I heard that letter read in the society.
Then you mean to say, you never hcardll
that letter read in the society ; Itave you everl
heard of its coming to London ?,-Never till U
saw it in the Reports of the Secret Com mil tec, 3
It surprised you prodigiously, no doubt f-*]
I do not know whether I was surprised at il^ ]
but I never heard of it till then.
Did you ever see the address ol the 6th <
August 1793 ? — I do not. recollect any addresa]
at tnat time : upon what o<^asion .' 1
An address from the London Coerespond*
iog Society to the nation, when they talked J
oF petitioning parliament no more? — ^1 did
not recollect me date ; I might have seen thai
address.
Do you know Carter, the bill-sticker?-
have seen him.
Dki he slick up any bill for you? — I have'
heard so.
Theo you knew it? — I do not know itj
I never saw him with a bill, nor sticking 1
bill up.
Do not you know the society ordered it to 1
stuck up in the night? — I do not know that. 1
Do not you knuw that there was a deb
in four society about paying the eipeoses <
this man*s prosecution ?— I heard about hit
receiving money.
What was he to receive nioncy for ?— I sup-'
posed for the affair of the bills.
Do you mean to *ay that " ' the
bills up at night, atid tiie proi^ li <
they ware at Chalk Farm, arc i)*.k tatjic j
orderly proceedings f — t do nut know \
there is any tiling tT\m\i\'*!i \v\ %>w\K>iijB.% ^ac^'^
©83] 35 GEORGE ra.
bill; and as to the proceedings at Chalk
F^rm, I do not know every word that was
flaid there.
You mean to say that the proceedings were
orderly and peaceable ?— The general con-
duct of the people was very orderly and
peaceable.
Lord Chief Justice Eyre. — Dkl you say you
were at Chalk Farm P— Yes.
Were the resolutions there put to the ques*
lion? — I believe they were.
Did you vote for theoi ?— There are only a
few people, probably, who attend to the busi-
ness ; out ot the great number that attend, it
depends, probably, upon those who have ahi-
lities, and attend more to those tilings than a
person of my capacity probably does.
Did you vote for tlicm ? — I dare say I did
/unong the rest.
Do you vote for things without knowing
frhat tliey are ? — ^There is no man but wliat
is fallible in that respect; 1 might have done
80.
Do not you see what difficulties you might
bring yourself into, by concurring in things
without knowing what they are ? were you
near enoueh to hear what they were ? — I was
tkt a considerable distance.
liow did you vote P — By holding up hands.
Did you vote then upon the conndence you
bad in any body that was there P or what in-'
duced you to vote for a resolution you did
not hear .^-^In consequence of seeing all tlie
rest vute.
Alexander Wills sworn.— Examined by
Mr. Gibbs.
Were you a member of the London Cor-
responding Society ? — Yes.
How long were you a member of it ? — Be-
tween two and three years.
Do you know Mr. Hardy? — Yes.
What were the objects of the society ?—
Parliamentary reform.
A reform in what part of parliament P — In
the House of Commons.
What were your intentions as to any other
part of parliament, as to the King, or the Lords?
— Full of respect, and honour, and fidelity.
Then your intention was only to work a
reformation in the House of Commons?—
Solely.
Had you any reason to think that any
other members of the society intended any
thinz else? — Never.
Was it the intention of any member of the
society to hrins; this about by force? — ^Never
to n)y kuowlctW.
Would you have continucid in the society,
if you had found they hud any such inten-
tions?— Not tor a moment.
Were jou at tlie society wK'jn the resolu-
tions concerning a convention passed ^ — ^No;
I have not been at the society wt more than
a year and a half.
Was there any reason for your absenting
XOunelff-^No; I Jiod Aothiog upon my goik
Tried of Thomgi H^di^
ffcieoce to deter me from bein a member;
but I had not an opportunity ot being thne
from my avocations leading me anbtlur way.
Was It merely from your avocations leadiag
you another way P— Entirely so.
How long have you known Mr. HaidyP— '
I have never had the pleasure of knowing
him but from his making me a pair of boots,
and seeing him as secretary. He made me a
pair of boots very excellent and cheap.
Is he a good member of socic^ from what
you have heard ? — I never heara but that bo
was.
Alexander WiUt cross-^eaamined by Mr.
Bower.
What may your business, or profession htf
— A dancing-master.
Were you a member of the ConstitutioBal
Society? — Yes.
You were a member of both societies P—
Yes.
When were you elected a memlier of the
Corresponding Society? — I imagine better
than two years ago.
liow long have you bebneed to the Con-
stitutional Society? — Soon after I became a
member of the Corresponding Society;— I
wished to be a member of the Constitutions!
Society from a wish to hear clever men
speak, not having it in my power to go to the
House of Parliament, where I could have
heard more clever men undoubtedly.
You heard several men speak upon poK'
tics ? — I have heard several very clever
speeches.
Were they clever speeches by clever men ?
— ^You must judge whether they were clever
speeches.
Did they strike you as clever speeches from
clever men ?— I heard one or two, I thought
clever speeches.
You took up your idea of politics from
them ? — I took my rule of politics firom public
report, and firom the debates in both iiouies
of^Parliamcnt.
You did not go to these societies to read
the public papers, or to read the debates in
both Houses of Parliament P — I had not time
in general to read the public papers.
Which way then did you get your informa*
tion?
WilU,—V/h2Li information ?
Mr. Bower. — Upon politics ; you said you
went there not having an opportunity of"^ at-
tending both Houses of Parliament P — I did
not say that; I said I went there to hesr
clever men speak.
Upon what subject?— Upon any subjects.
Were any subjects discussed that did not
relate to politics ? — I never heard one to my
knowledge.
Upon your oath, when you went there, did
you expect to bear any discussion apon any
subject but politics P— It was called tiM Con-
stitutional ^iociety.
Ttiat is no answer to my jestkNii
985]
fi(f High Treason*
A. D. 1794.
[986
you went there, jroii said, you went there be-
cause you had no opportunKy of attending the
Houses of parliament, and went to bear clever
men speak; upon what sulject did you go
expecting to hear them sp^ f— Upon con-
stitutional subjects.
And those only ?— Those only.
Was that the place where you took ud your
constitutional doctrine ?— Long before that.
From the newspapers ?^-Somettmes I have
had the honour or being in the honpurable
House of Commons to hear the debates.
And you went to the Constitutional Society
not having opportunities to attend the House
of Commons, to supply that defect?— Not to
supply that defect merely, but to hear differ-
ent political subjects discussed.
You UbA no other means of supplying the
information ? — Not any that I thought better.
Did you attend frequently ?--^ You may be
better mformed than I am.
I know nothing. — I ask vou?— I never
kept any minutes of my attendance there.
Did you not, upon your oath, attend them
weekly ? — When I could, I did ; and might
for a month tog^'ther when I could ; but I
cannot be upon my oath to say, that I did at-
tend them weekly ; I was mippy to attend
them weekly when I could.
Lord Chief Justice £yrf.— You mean you
attended them as often as you could ?— Yes.
Mr. Bower. — Were you at all acquainted with
the proccedinss of the society ? — Very little ;
I never lookeu into their books.
Then you did not know of any of their trans-
actions which might brine some of them, or
those tlicy employed, into difficulties } — ^No.
You never knew that any bod)r was prose-
cuted for assisting them m their views t —
Never.
Did you never hear of one William Carter?
—Never.
Then, of course, you never heard that he
was in confinement at all?— Stay, Mr. Coun-
sel, give nie leave to say, I was in company
with a Mr. Carter, a musician, at the London
coffee house.
Do you recollect Carter, the bill sticker f-*»*
I am not, in a moment, to be told that I re-
collect such a man if I do not ; I heard of such
a man, that lie was in prison (I never saw him
in prison) for slicking up a posting bill. — ^You
aaked me if I knew sucn a man ? I do not ;
I heard of him.
You heard nothing more of him but that
there was such a man? — I heard there was.
That is all. You never heard that there
was a subscription entered into for himP —
Yes ; perhaps, I gave him a shilling, or balf-
a-crown, or a guinea, or five guineas, towards
bis relief, in confinement ; but I do not know
that I did to maintain him in his confinement.
I did not recollect the name of Carter any
more than I do your's.
That is then what you now mean to swear
distinctly, for I will not let you now go back ?
0rl do AOt say I gava two guineas, ar &Wp but
r only say I subscribed something, perhaps,
to the poor man's family.
Did not you say two or &ye guineas?— I
often give five guineas without knowing to
whom I give it.
Did you not, a minute ago, say you might
have given a shilling, or half-a-crown, or a
guinea, or five guineas, to this man, in con-
finement, for sticking up bills?- -I did not
say so, to the man for sticking up bills.
Your gestures will not do? — You seem to
wish to confuse me.
I do not wish to confuse you ; — the more
distinct you give your answ# the better; do
you mean to say, upon your oath, that you
did not recollect when you said, you might
have given one, two, or five guineas to this
man ? — I did not mean to say, I had given
one, two, or five guineas, but I might liave
given half-a-crown.
Did vou give one, two, or five guineas ? — I
say, I d^id not ; I might give a few shillings ;
I give shillings, as much as you do halfpence,
to any poor man that wants it.
Then, I understand, vou now swear dis-
tinctly, you might give this man a shilling ;
but that you did not give him five guineas ?—
No.
Upon your oath, you did not give this man
two suineas, or five guineas?— No; I cannot
recollect what I gave him.
You never gave him a guinea, or five gui-
neas ?-*Not to my recollection.
Did you ever give him any thing?— I do
not recollect ; I often give to poor men and
women in distress. I ^ve a hundred and fifly
pounds to the British fashery, when I thought
my country in distress.
I ask you, whether you did, or not, sub-
scribe any sum of money to the man who
was in confinement, for sticking up bills for
the society, and on that account? — I gave, I
believe, to the best of my recollection, some-
thing, but what I cannot tell.
To whom did you give something?— That I
do not know.
Who asked you for it? — In some of the so-
cieties, which, and where, I do not know.
What societies ?— The Corresponding So-
cieties.
At the time you save that, was a 8ub6erip«
tion put about for the relief of this man so m
custody ? — ^There must have been a mention
of it,or I should not have known it ; but I do
not recollect in what manner.
Did you attend one, or more of these so-
cieties?—One.
Whicli was that?— The London Cones-
ponding Society.
At fmich house ?—^t Proctor's, in Covcot
Garden.
Wa3 it there vou subscribed ?— No ; it was,
I believe, in Compton-strcet, if I secoMaa
right; thabsttimel wasataayoftbsie so*
eietiis.
Was ConplMiFStreat a ^{iMa^nUm^^^ii JW>
987]
S5 GEORGE III.
tbe diriakins I beliere ; I did nol bdoag to
anj dele^te •odety, but to the cwnanon
sneetiD^
Which dmsoa of tfa» todely did yon be-
long to?— Proctor's, No. ifCovent Gsrden;
tfaif was I think, No. SI, Coaipton-ftreet
Did you eo there at a visitor?—! believo I
niutt luLTe Seen a member of that.
You are now a member of the Corent
Garden divibioo f'— Yes.
Then, whether you have been a roemi)er of
that in Comptoo-street, you do not know ? — i
I( 19 the same thing; not a separate society.
The same division ?^A separate division.
My question is, whether you bek>nged to •
one, or two divisions of tliis society ?— To j
more than one; I think to another; I
think 37.
Did you belong to more than two ? — ^I am
not sure of that ; if I belonged to ten, I should
own it with pleasure.
When you were in the society, did you know
any thing of any secret committee; perhaps
you never heard of any such thing ? — 1 never
did.
Did vou ever hear of the committee of cor-
respondence?— ^Never. I have heard of it since,
not in the society ; I have not been in the so-
ciety since such a thing has been mentioned.
Of course you know nothing of any secret
committee ? — Never.
If a secret committee had been mentioned,
it would have been to you a matter of sur-
mise ? — I do not understand you; I never .
neard of a secret committee of the society in \
my life. I
Did you ever hear of any letter that had i
l)een written by the prisoner? — Never. ■
Alesander Will* Ile-examincd by Mr. Gibbs \
You had heard that there was a man in !
custody who was in distress ? — I had. j
Did you, at that time, know the man's \
name ? — I recollect it now ; I did not, when [
the learned judge spoke to me, recollect that j
there was such a man in being. |
Was he represented to you as an object in |
distress ? — In real distress.
And for that man so imprisoned, and so in j
distress, did you subscribe any money ? — I did, j
but what sum I cannot tell ; I cannot charge '
my memory whether it was a shilling, a
guinea, or half-a-gninca.
' What was your reason for saying, just now,
that you perhaps subscribed a guinea, or two
guineas, or five guineas ? — Because I would as
noon give the one as the other, for a poor fa-
mily, or individual, in distress.
Lord Chief Justice £yre.~ You have broueht
yourself into a scrape, only for the sake of a
flourish. When you are uiK>n your oath, if
you would only speak plain English, you
would bo under no difficulty ; there is a great
diffnenee between a shilling and a gumea. and
five guineas, therefore you should not ntve
oonvtyed an idea that you did not know wbo-
Ibtr/MftiVMieibilliiigytirofhiUiDiii o^e.
THid ^TkamoM Hmrdy [988
guinea, or fhre pnoeaa. I fpoald advise you,
when you are upoo jour oath» never to Vfttk,
bjr oMtaphor; ym uvc branglil yourself into
difficuhiet ; but I daie nj yoa 'meant voy
iigbt.
llr. vfttonMf-GeMrdL— I beg yov kid-
ship will ask him what he gave.
Lord Chief Jostioe £vr^r— How much Ad
you give, in ^un Ellg^^-Ptoh^lt • fev
shillings, perhaps half-»<io«n.
Mr. Aiicrmn Oeaertt— Will your kidihip
please to a«k (um if it was ool a guiiiea.
Lord Chief Justice £yre.— Do you say it
was not a guinea? — ^A tew Aipmg*^ to tho
best of rov Knowledge.
Lord Chief Justice fjrre.^Undcr, or about
five shillings?— I suppose under.
Mr. Gim, — I wiU now call a gentleman at
the bar, who says he knows this witness per-
fectly well, and'that he is a man of good €l»-
racter.
Lord Chief Justice Eyre.— That is perfectly
irregular. It was certamly absurd in the wit-
ness not to recollect that he was upon hisoath,
and to talk in that rhudomontade way. i
dare say he meant to speak the truth.
Archibald Hunter sworn— examined by
Mr. Gibkt.
Were you a member ofeither of those lo-
cieties ? — Which society do you mean ?
Either the society for ConstituUonal Infor-
mation, or the London Corresponding Society?
—I was a member of the London Correspond-
ing Society, for, I think, about twenty
months.
Do you know !Mr. Hardy, the prisoner ?—
Yes : i do know him.
What division were you of— were you of
the same division with Mr. Hardy ?-^Ye5. 1
always understood Mr. Hardy l>eionged to the
second division, and I belonged to the second
division.
What was the object of your society ?— To
obtain a parliamentary reform.
•In which House of parliament?— In the
House of Commons most assuredly ; 1 never
understood any thing else.
What were your intentions towards the
king, or towards the House of Lords ?— That
they should remain as they are, certainly ; I
never understood any thing else.
Was it the intention of any of the members
of the society, that you know, to bring
about this parliamentary reform by force ol
arms? — No, there was never any thing of tba
kind agitated, that I know of.
You Know nothing of any such intention?—
Most assuredly I do not; I never heard
any thing like torce of arms out of the reports
of the secret committee of the House of Com*
mons ; I have read them attentively ; I never
heard of any force of arms out of"^ those re-
ports ; I have heard it reported (here.
Was it tbe intentk>n ot any of the members
of the society^ whom you know, to make anr
attack upoQ thogovenuneiilofthsoQuoliyl-
It was not?— No.
What chumcter did Mf.lIardjl>e«r?^The
chamcler of a pi»ce&bW» refpectabki quiet
man,
Wm that hU general character?— For what
1 know of him, f can only speak wilhio Ihc
time that I h»veent<frvd into the society.
Is that the character he has bcone e\'er
jittice you bavc known him? — It is^ and I
have every reason to believe that be is that.
While yuu were in the society « did Mr.
Hardy ever produce, at the division, any ktlcr
firom Sheffield, a1x>ut pikes?— No, never.
Did you ever know of his communicating
I any such letter^ to any of the members of the
Corresponding Society?—! do not know of
any such thing.
Archibald Hunter crossr^xamined by Mr.
Lam*
I You never heard of a letter from Sheffield
about pikes? — I never did.
Did you never read that letter ?<^I never
was in office.
You never have read it. You lay you have
read the reports of the secret committee ; have
yoy never read it there ?— I have read it there,
I out no where el i»e.
t You contmtie a member of the Correspon-
ding Society to this moment ? — I do.
I Did you ever see a paper like that circulate
' ad? p he paper about Ine Ins and the Outs]
' ^I never have before now, I have heard of it,
' bull never saw it before.
I Who introduced you into the society ?— A
J idation of mine.
Has he a name } — ^Yes ; his name is Joseph
fiunier : he lives in Old Compton-strect
j Did iirl the meetmgof the society
] pretty < ^*-I cannot say that I did ;
L I wa?i trt^(|iM nuy out of town, and did not at-
I Und very ot\en ; 1 did not attend very rcgu-
f *^*^
I >Vluitis your business? — None at all; no
l^^uatness at all.
^^B* May I take the liberty of asking how vou
^^felyour livelihood?— I am an independeiit
Yoo live upon your property f—Y«i.
In the fluids, or mortgages^or what ?— That
u out of the? question ; someUmci my property
1^ fket, some limca in land, sometimes
u- \:^, and sometimes in houses.
\\ trc you at Chalk-farm I — Yes.
And at tire Globe- tavern ? — Yes.
P\v. ,. , „ ^j 1^^. dij^ijt^ron the 2nd of May
m^ recoil eel whether you dined at the
( A nchgr when Mr* VV barton was in
I —I do iiul recullect that I e^'ur was
i': ^f'O Mr, Wjiarton was in the chair.
i aikkeci whether jpou were present on the
E^end of M.iy, :\t ti dumt-T, at the Crown and
^ Ir. Wharton was in the chair^
DT' T were not? — Your qtrc^Uun
m' -; upon that, [ r
9 >d also to the L
4aDnaj ^c]t:\y
Were you or not there I — I do not recollect
1 was ever at any society where Mr. Whartoa
was in the chair.
Were you or not there on the Snd of May,
withoutreferenceto who was in the chair?—
If it was a meeting of the Correspondins
Society, and you witrtcU we where it was, L
will endeavour to recollect.
Lord Chief Justice Eyre, — The inquiry if,
as to a meeting at the Crown and Anchor, ot'
the Constitutional Society ?-— I never was at
any meeting of the Constitutional Society
whatever,
Mr. Ltm. — Did you ever dine, as a guestf
with the Constitutional Society ? — Never.
Have you been at the Ulobe>tavern, and a(
Chalk-farm?— I have.
Did you hear the res^dutions which were
come to at those meetings ?— I did»
You have said that the proceedincs of the
Corresponding Society were peaceable ? — As
far as I could collect them, they were bo.
You have said, you heard the reiiolutions
carried at Chalk- farm^ — were they peaceable f
— I have not ^aid tlmt I heard them.
Did you hear them, or not; I understood
you said you did hear them? — I heard tbein
read, but I did not attend to them.
Did you vote for them, or no ?— I did not.
How came it that you did not vote for
them ? — Merely from that inattention which
pervades my whole conduct, perhaps.
So you were there, and heard them, and
they made no impression upon your conduct?
— ^Not in the least.
You have said you voted for them f — I did
not vote for them.
Did you vole against them ? — I did not.
You took no part in them f — I did not.
Did you sup with your division that night?
— I did ; what division do you mean ?
You said you did ; where did you sup J^—
There may be a mixture oi divisions.
Where did you sup that night? — At No*
3; I think itis in €:orapton-strccl,Soho.
Was Mr, Thelwall there ?^lle was.
Do you recollect any sonp being suDgf—
I do not recollect the purport of them.
What were you by business, when you con-
descended to toUow any?— It is so long ago^ I
cannot recollect*
You have followed business? — ^I was, I be-
lieve, a perfumer.
And liad you forgot what business you
were ; were not you a nairdresser ? — Yes,
Had you forgotten that circumstance, whea
, I asked you just now ? — I thought u perfumer
was sufficient.
But you aaidi it was so long ago siDoe you
were in business, that you did not know what
I business you followed l how long h it since
you have done business as a hair-dre^ser? — I
I think it is, since I followed the business of a
; hair«drea&er, about twelve years^ to the best
of my tccoUecti«iu ; I am nol miite sure.
And how long since you folto^«4N^<^^E^v.*
nets of « pClC^J^CI t^hX^^ WB^^OCBAS..
991]
S5 GEORGB III.
TiMd of ThomMs Uard^
[992
Did yoii ceasQ Iq be both at the fiamc tinic ?
About twelve years ago?^-l would not
»weAr, upon tDy omth, to the time ; but it is
thereabout s.
Then having ihia perfect recollection that
you bave been a perCumer and a hair-dresser^
about twelve years ago, how came you to tell
use it wa« so long a^o, you did not recoHi^ct
what business you had carried on f- — i did not
iay thai*
Lofd Chief Juitice E^rs, — ^What be ftaki
liras, that it was so lon^ ago since he carried
on any busineB^, be comd not recollect what
business he followed.
Mr. Law.^i shall not ask him another
question,
AUxandtr Tr&ter sworn ,—Exiimined by Mr.
What business are you ?^A taylor.
Are you a member of either the Constitn*
tional or the London Ojrrcsponding SocietieSi
t»r hate you been ?— I have (seen.
Of wh ith ?*— O f the Corre s pond i ng Society ,
How long have you been a member of itf~
I fancy about ten months.
When did you cease to be a member?^!
believe, last April was twelvetoonth.
What was tne object of the society?^ A
pailiamenlary reform.
In ^' hat pari: of parliament--' in the repre*
lentation of the people f^Of members of par-
Imment,
Of what House of parliament?— The Com*
tnons House,
What was your intent as to the Kinp^, or the
* House cif Lotd-s ?— Nothing at all ; never.
Did you ever coUeclj Jrom any of the mem-
bers of tlie society, that they had any other
intent than that of a reform in tha House &f
Mr Garrmj. — Then I will not give |Quinj
trouble.
%TilUitM Barclay sworn,— Examined by Mr,
What are you? — A shoemaker.
Where do you live? — In Dtikc- street, St
Marlin's-lane,
How long have you been a shoemaierf^**
Near thirty years>
Bo you kouw the prssoncr at the bail-
Yes,
How long have you known btm f — Aboet
6fteen years.
Was he ever connected with you at all f -«
Yes.
In what manner f — He was servant to on
for seven years.
As Journeyman P->-He was foreman to mt
for seven years.
How long aro did he cease to be m scmat
of yours?— About three years.
Have you known liim aince thai time?*-
Ye^.
During the whole ef thU tiitie^ the
years helived with you, aod the three _
since, during which you have known'
what character has he boroe f-^ A v^eiy
character,
A good character for peace and order P-^
never knew any thin^ else-
ta he of a peocealMe and orderly dt^pMi^
tion, or the contrary ? — 1 always ttndersIP^
he i:^ as quiet a man as can be.
Are )>ou a member of the ConMiiutbDal
Society, or the London Correapo tiding 3odi^
tyf— No.
Ilavc)-o« ever been? — No-
Thc rev. Thitmsi OHrer sworn,*-- Esamintd hf
Mr. Gibbs.
'■»
Jar High Treamru
iDediatcly asked him the intent^ or ultimate
enct atid design ttiat this society had in view^,
and he told mc it was a reform of parliameDt,
lIuU ia Ui SHY, of the House of ConvEitons^ u(K}q
ptafififtbie and cfinstitutional princii^les ; he
ninher adfkd upon the same principles which
his grace Ihe «luke of Richmona and the
right hon* William Pitt were engaged in, in
the yt'^tr \JB%* I have frcqu^nily, m conver-
saiion, tnauired of him , and tried to suck out,
to gain wo at was the intent of the society,
when I heard some thing about the^e reports
of the Committee of Ihc House of Commons,
and so on, and he told mc by all means it was
to obtain a parliamentary reform upon con-
stitutional principles, in a peaceable mauner.
Lord Chief Justice Eyre, — Since the report?
—Yes,
Where did you see him ?— At his own house.
Lord Chief Justice £yre. — Since the report?
-—Yes; since the report
Lord Chief Justice Eyrt. — Recollect your-
self f — I saw Mr. Hardy at his own house, it
was in the summer, I believe it was since the
report of the House of Commons ; 1 am not
clear when that report was made exactly to
the date, nor witl I undertake to swear.
Lofd Chief Justice Eyre. — Therefore I stopl
you» that you might recollect yourself.
Mr, Giitbt, — State as near as you can the
time?— I think it was some time about the
beginning of June, or in May, I am not sure ;
but I was lit the habit of calling upon him as
a neighbour when I have gone past.
Do you remember the time he was taken
up? — I do not remember the date of it; I
remember to have called at Mr. nardy*s, and
then I was mformed by his wife that he wa»
taken up ; she was in a threat deal of trouble,
and very ill; slic was Frightenod upon the
occasion.
She is dead since? — ^Yes; and she told me
but a few diiVN^ —
You must not say what she told you — you
are not sure what the time was when you
had this conversation ?^>i believe in the
month of May, to Ihc best of my recoI!cclion.
Are you a member of either of these socie-
ties?—! never was in my life a member of
Wjy political society whatever.
During tbe time that you have known him,
jff<hat has been his character, I mean as a
peaceable man, or the contrary ?•— I conceived
from my first acquaintance with him, that he
was a roan of few words, and of a very humble.
peaceable disposition, and I have never had
any occa&ion to alter that opinion. I believe
him to be a man of an honest disposition, and
added to that, if I can judge from a man*5
conversation, I believe he is one that fears
0«d&nd honours the Kin^.
You have collected this from yottr conversa-
tion With him ? — I have from knowing himi
and the genera! tenor of his conduct.
Have you seen him often ? — I liave.
You told me vou bad taken pains to draw
Drom him what his opinions were ?— 1 have
VUl. XXIV,
when I hrst became acouainted with him, and
after tliat, I believe I may say wiLli some
degree of confidence, that I was in Ins confi-
dence as a friend ; I believe he looked upon
me tts a fnend-
The rtv. Thomas Oliver cross examined b/^
Mr, Jdvrncy General.
You did not belong to any of these societies?
—I did not.
Did you ever see a paper published as the
proceedmgs at Chafk-Farni, with Mr. Hardy *s
name to it? — I never did.
Did you ever sec a paper publbhcd as the
proceedings on the ^Oth of January, 179*,
with Mr. Hardy's name to it?^ — I camiot charge
my memory that I ever saw it, 1 do not recol-
lect tbe contents of it ; I trouble my head
very little about politics.
Look at that paper? [showing; it to the
witness.] — I do not recollect that I ever saw
the fellow to this paper, or this paper before.
Did you know that Mr. Hardy was a mem-
ber of a society that had published resolutions
in support of Mr Thomas Paiue's Rights of
Man ?— No; I did not-
Then I need not ask you, I lake for grantc<l,
whether publishing those resolutions in favour
of Paiue's Rights uf Man, shows tbe sort of
man that you would suppose honours tlie
king? what is your auswer to that? — I do
not know, nor never did know, that Mr, Hafdy
did favour those rcsrdutioos, or that he pub-
lished any ihinj of the kind. As 1 was going
to observe, 1 Lave but very little time to
meddle with those mailers ; when I can call
upon any person that is afflicted, or any poor
person, or any one to do them any good, I
am always ready to do it ; but I have four
sermons to preach in a week, and as I make
thein myself, I have very little i»pare time.
Did you ever see the book, called Faine's
Rights of Man?**-I have seen it, but never
read it through.
Do you know that Mr, Paine was a member
of tlie Constitutional Society ? — I do nut
know any such thing-
Do you happen to know Mr. Boguo, a
disscnlmg minister f — -I have heard of such a
name, but I do not know the gentleman*
Do you happen to know whether he ha«l
any correspondence with Mr. Hardy? — Once
upon a time, I think, Mr, Hardy mentioned
bts name, but I do not know that he said he
had a correspondence with him.
Did he inform you whether Mr. Bogue had
giveu him any advice about the papers ?^ —
Kever sud\ u thing was ever mcutiontd to
roe by Mr. Hardy.
What did he say to you about Mr. Bonie,
the dissenting minister at Portsmouth.^ — I
thmk Mr. Hardy asked nie if 1 knew such a
gentiemuu, and that he was a worthy good
man, or t- ^'^ ■* ' '-"*"*
Did h< I at all how 1k» cantve^
to ktiow ;^:.. '....., ^ ^. A\. Y^i)i^»i ^
mouth ! — ^"^ \\^ xsxGKCR vxi ^^ ^liWl^A.
995]
85 GEORGE UI.
Trial of Thomat Harehf
Cgfl&
So that you visited Mr. Hardy, he informed
you he knew Mr. Bogue, a dissenting minister
Bt Portsmouth, and you had not the curiosity
to inquire what Mr. Hardy in London, had to
do with Mr. Bogue, a dissenting minister at
Portsmoutli?— No.
Upon your oath, did Mr. Hardy ever tell
you that he had or not hcen down at Ports-
mouth to visit any convicts on board a ship at
Portsmouth ? — "So,
Nor that he had seen Mr. Bogue upon that
occasion? — No, nor any other.
You know notliing of Mr. Hardy's senti-
ments about Paine's works?— The chief I
know of him has been his conversation touch-
ing the best things; sometimes he has spoken
ofpolitics and parliamentary reform, and that
he was a well-wisher to it.
You said you had read Paine*s work ?— Part
•fit.
Have you ever read any thing about ho-
nourmg the king in it ? — ^No.
£ think you said you were much in Mr.
Hardy's confidence? — I do not know how
much, but as a minister may call upon him ;
it is reasonable to expect they will put confi-
dence in men of our description, when men
of character and probity.
Then he never told you any thing about the
proceedings of the London Corresponding
Society, either at Chalk-Farm or any of those
other places? — He did not; I only came to
speak as to what I know about Mr. Hardy*s
character.
Mr. Daniel Stuart sworn.- --Examined by
Mr. Gibbs.
I believe you arc secretary to the Society of
the Friends of the People ? — I have acted as
secretary to the committee of that society.
Meeting in Frith -street? — Yes.
Have you ever happened to see Mr. Hardy
the prisoner ? — Very frccjuently.
Upon wlial occasions have you seen him? —
I have seen him many years ago, but never
had occasion to speak to him till within some-
tliing less than two years ; about December,
1792.
Upon what occasion did you see him then ?
— ^I'he London Corresponding Society sent a
letter to the Society of the Friends of the
I*eople ; when the letter was answered I car-
ried the answer myself to Mr. Hardv's house
in Piccadilly, and, delivered it to him, and
from that time in passing Piccadilly frequently,
I have called in at his shop, merely to converse
with him, and to know what news there was.
Had you any conversations with him relative
to the London Corresponding Society ?— Very
frequently.
What did he tell you the object of that
society was ?— He always told me the sole
object of the society was, a reform in the re-
presentation in the House of Commons.
Did he ever converse with you upon the
way in which he wished that reform to be
bivu^ht about?
Mr. Attorney Generat.— That is not a proper
question.
Mr. GiMt.— I ask this in order to sift the
mind ef the prisoner ; the crime imputed to
the prisoner is an act of the mind ; thu case ia
an anomalous one — the compassing in his own
mind the king's death ; I am asking as to the
conversations he has had upon the subject^ ia
order to find what were his intentions, what
the state of his mind was upon that subject.
Lord Chief Justice £yr&-«>-What the tenor
of his conversation was, is, I suppose, your
object.
Mr. Attorney General, — I cannot aay i
think it worth disputing.
Mr. Gi6fct.— What were the means bj
which you understood from him thai the Loo-
don Corresponding Society wished to bring
about this* end?— 3 always understood from
him, that he thought the best means were to
inform the people of the bad state of the re-
presentation, and so to gain a number of
members to the society, that they- might get a
great number of signatures to a petition to
parliament, by which means a reform might
be obtained.
Did you see him at any time afWr this?—
Since that time, till the time that he was taken
up, I was in the habit of calling on him per-
haps once, twice, or more times in a week; it
was very uncertain ; principallv from curiont^f
I used to call at his house, ana have conversa-
tion with him generally about his aodetf,
and the other societies that his society woe
in correspondence with, alx>ut what they were
doing respecting a reform in parliament; that
always made the basis of our conversation.
Did it appear to you, that he reposed confi-
dence in you ? — I have not a doubt he dii; we
talked very freely about a reform and the belt
means of producing it, and in one point be
and I never could agree : he said the duke of
Richmond's plan would be the plan at la«t— I
said I did not think it was the best plan; that
was the only point we disagreed upon.
Had you any conversation with him con-
cerning this convention that was talked
about T
Mr. Attorney Gemral, — This convention
that was talked about — not having said one
word about a convention.
Mr. Gi66s.— There may be a little irregu-
larity in putting the question, 1 only want to
bring him to tiic time.
Lord Chief Justice Eyre. — You ought to
inquire to be sure, first of all, whether bi
knows any thine of a proposed convcnlion,
and whether he had any opportunity of know-
ing what the prisoner's sentiments were re-
specting that convention.
Mr. Gibbs. — Had you ever any conversation
with him ?
Mr. Stuart. — There is one thing in piiti-
cular I think it my duty to mention witn re-
gard to whether he was likely to ooofide in
me, or tell mc bis mind-
Lord Chief Justice Eyre.-^Ymt have miA
997]
fur High Treason.
you thought he did put confidence in you ? —
There was one particular occasion
Lord Chief Justice £yre. — I do not want
to know the private history between you and
him ; if you say you think he put confidence
in youy it is very well.
Mr. Gibbt. — Had you ever an^r conversa-
tion with him about any convention ? — I do
not exactly remember that I had ; but I have
no doubt that I had.
During the time you have known him,
what character has he borne ? — From others
and from my own observation, I iiave always
thought him a very simple man in his man-
ners ; of a very inoffensive, peaceable con-
duct, and the last man I should have thought
that would have been guilty of any violent
conduct.
Have you had any opportunity^ of collecting
from him whether it was his object to bring
this about bv peaceable means, or otherwise?
— I have always heard him sav he wished it
to be brouzbt about by peaceable means ; I
never heard bim mention violent means in my
life — quite the reverse.
Mr. Daniel Stuart cross-examined by Mr.
Attorney General
You are secretary to a societv calling them-
selves the Friends of the People ?— -Secretary
to the committee of the society ; I never was
apMiBted secretary to the society.
You know tlicre is a society in London
odled the Society for Constitutional Informa-
tion ? — ^Yes ; I know there is.
It may possibly have occurred to you, as
secretary to the Society of the Friends of the
People, to know that the latter society re-
jected all correspondence with the former? —
Yes; I know that.
Did vou happen to know that the prisoner
at the bar was an associated member of that
tociety ?— I never heard that he was ; I never
knew of my own knowledge who were mem-
bers of either the London Corresponding So-
ciety, or the Society lor Constitutional Infor-
mation.
Then you being secretary to the committee
of the Society of the Friends of the People,
and the Society of the Friends of the People
having rejected all correspondence with the
Society for Constitutional Information, you
did not know that the prisoner was an asso-
dated member of the Society fur Constitu-
tional Information ? — I never knew it in my
life.
Do you remember a letter beins written
\y your society to the Society for Constitu-
tional Information, from lord John Russel? —
Yes.
Do you remember any correspondence be-
Ureen your society, the Friends of the People,
and a society at Sheffield f— Yes, I do.
Do you recollect whether that was in the
month of May, 1798, or not?-— Yes ; I think
the first letter received firom Sheffidd was in
the month of May, 1798,
A. D, 1794.. [998
Do you happen to know, that the society
at Sheffield, in the month of May, 1799,
wrote a letter to the Constitutional Sodety,
whose correspondence vour society had re-
jected, saving, they would have nothing more
to do with the Friends of the People, because
they were not pursuing the principles of the
rights of man ? — I know nothing of that
at all.
Do you recollect what were the reasons
why the Society of the Friends of the Ppople
would have nothing more to do with the So-
ciety for Constitutional Information?^! be-
lieve the reasons are assigned in the letter
that was sent in answer.
With reference to their having recom-
mended Mr. Painc's great plans of reform ? —
Yes ; I believe that is in the answer.
Do you happen to know, that the London
Corresponding Society have been going upon
the same plans of reform ?— I cannot exactly
say that I did.
Did you ever see the London Correspond-
ing Society's address of the 6th of August,
1798 ?— I cannot say I ever saw it.
Did you ever see an address of the London
Corresponding Society of the 80th of January,
1794?— I have.
Have you seen the London Corresponding
Society's resolutions at Chalk-farm? — Yes, I
have.
They wrote to your society about a con-
vention, I believe ? — They did.
You rejected that ? — The society de-
clined it.
I believe your society had some corres-
pondence with the London Corresponding
Society ; during all these proceedings, do you
recollect any application tney made to you to
know the prindples of your society ? — I think
there was a letter, not exactly to know tho
principles of the society, but to know the
plan tney meant to adopt
Did your society inform them what length
they meant to go at that time ? — I believe
they declined to inform them.
Do I understand you right, that you never
heard of the prisoner's beins; an associated
member of the Constitutional Society whose
correspondence your society had rejected;
that you knew nothing of the address of the
London Corresponding Society of the 6th of
August, 1792 ; that you knew nothing except
what you have learned now of the nroceed-
ings of the 30th of January, 1794, and of the
proceedings at Chalk-farm ? — Nothing more.
Look at this printed paper [showing it to
the witness] : is tnis an account of the pro-
ceedings of your society ? — This seems an au-
thentic copy of the proceedings of the society
I belong to.
As you were secretary to the society, you
can inform me whether the eentlemen, whose
names appear here, are all members of the
Spdety of the Friends of the People?— \. Vx»-
lieve not all of \V^ia \ «om« Vvan^ Nrv>dci^v«^^
and some new memW« Wm« >a«j«Kk %ft&ft^ >»
this society, smce XWxXvsx vi^^ toa^^
99d]
35 GEORGE III.
TruU of Thomas Hardy
[1000
You are aware of the fact, supposing^ it to
be a fact, that afler the Society of the Fnends
of the People had rejected correspondence
with the Constitutional Society, by their
letter, that some individuals still remained
members of both societies ? — ^Ycs ; I do not
exactly know farther than from report, who
were members of the Constitutional Society,
but from the evidence I certainly believe that
there were gentlemen who were members of
both.
Mr. Daniel Stuart re-examined by Mr. Gibbs.
What objections did the Friends of the Peo-
ple take to that letter which was sent to
theni?->I really cannot say what objections;
at the time that letter was sent, it was in the
beginning of the society, and at that time I
was never present at the meetings of the so-
ciety, or the committee, and cannot form any
opinion of any other objections than what
are stated in the letter.
John Carr called.
[This witness was sworn, according to the
form used in the church of Scotland, holding
up the right hand, repeating these following
words :
" I, John Carr, dp swear by God, and as I
shall answer to God, at the great day of
Judgment, that I will speak the truth, the
whole truth, and nothmg but the truth ;
so help me God."]
Examined by Mr. Gibbs.
Are you a member of either of these socie-
ties ?— I am not.
How long have you known Mr. Hardy ? —
Upwards ot twenty years
Have you known him well during that
time ? — Yes.
What character has he borne during that
time ? — The character of a sober, peaceable,
honest, worthy man.
From what you know of his character,
is he a man at all likely to raise any dis-
turbance, or commit any acts of violence?
— Never.
Mr. Attorney General. — ^That is a question
never put.
Mr. Gibbs.^lt is a question I never heard
any objection to.
Lord Chief Justice Eyre. — I have often
heard it put, and often heard it objected to ;
it is certainly not a strictly regular question ;
you arc to ask his general character, and
from thence the jury are to conclude, whether
a man of such a character would commit sach
an offence ; at the same time, in justice to
the auestion, I must say I have known it
askea a hundred times; I have Tery often
myself objected to it.
Mr. GamWd — If it had not been for the
obsermtion that it never was objected to, it
vkHiMiwt have been objected to.
John Stevemon sworn. — Examined by Mr.
Gibbi.
What are you ?^A coal-merchant.
How long have you kncfwn Mr. HtrJvf—
About eight or nine years, as near as I can
recollect.
Are you a member of eitber of these so-
cieties ?—I never was.
What character has Mr. Hardv borne dur-
ing the eight or nine years you nave blown
him ?— I have always esteemed him as a man
of a mild, peaceable disposition.
Have you known him well during that
time ?— Yes ; durins seven years of tmd po-
j riod he was with Mr. Barchiy, who mans
shoes and boots for me, and 1 had ocCaskm
to see him frequently in his master's boa-
; ness ; he always behaved with great upriefat-
uess as far as I had occasion to observe nioiy
and I always esteemed him aman of apeace-
: able, mild, disposition, and, as to moral cfaa-
1 racter, I know no man that goes beyond bhn.
I Has that been his general character f— ti
has been as far as I ever knew, I neVer beaid
any thing to the contrary.
Alexander Gregg sworn.— Examined by Mr.
I Gibbi.
i What are you ? — A bookbinder.
How lone have you known Mr. Hardyi the
prisoner ?— -Seven vears last May.
i Have you livecf in the same bouse with
him at any time ? — No, never.
Have you known him intimately? — Yes.
What has been his character durme those
■ seven years that you have known nimF—
Always a very sober, industrious, rather a re-
ligious man than otherwise.
Has lie been a peaceable, orderly man ?—
As far as ever I saw.
Have you known him well durine this
time ? — Yes ; as a neighbour, constant^.
Is this his general character ? — It is, as ftf
j as I ever heard.
i Mr. Attorney General. — Were you a mem-
ber of the Corresponding Society ? — I never
entered the threshold ot the door of any of
the societies.
William Henderson sworn, by holding up the
! right hand.— Examined by Mr. Gibbs,
I What are you ? — A dealer in eegs.
How long have you known Bdr. Hardy?—
j Near about twenty years.
Have you known him weH during tbtt
time?-- Perfectly well ; I have been intimitelf
acquainted with him for twelve years.
What character has he borne during tbMe
twelve years? — An universally good ch«-
racter, for any thing I ever heanl of him; t
sober, honest, sedate, religions, good maa.
Is he of a peaoeable dispositoi P^I t/t^
knew to the contraiy.
Are y^ a member «f eMWr of Um addetiei^
— ^o.
\
V
1001] fir High Treason.
Tbe rev. Jama Sttutu tuXUA.
[This witness was sworn, holding up the
riglit hand, repeating these following woras t —
<< I swear, in the name of God, u 1 shall
answer to Ood in the day of Jndsment,
that, in this case, I shall tell the tmUi, the
whole truth, and nothing but the truth.'']
Examined by Mr. Qikln,
You are a minister, I understanAf— I am.
How long have you known Mr. Hardy, the
jprisoder at the btr?— Eter slooelcameto
London; seven years.
Have yon known hhn well, during that
time f— Pretty intimately.
Has he attended your congregation? —
Regularly ; he was a member of the congre-
gation before I came to it, And YtiS tohtiiliic^
so ^ver since.
During the time you have known him^
what character has oe borne ?— i-A very re-
spectable character.
In all resfyects? — So far as I was con-
nected with him as a member of a religious
Mciety.
As tar as you know him, ho has deserved
that character ? — Yes.
What is his genehil character f—His general
icharacter, in our congregation, is much to his
honour as to his moi^ conduct, and as being
m peaceable member of a christian society ;
and he is believed, by all in that sodefy,
to be a man of conscience, both towards Ckid
and man.
Mr. Attorney OeneraL—Yaa are not a
member of the Corresponding Society, I be-
lieve f — I never was a member of any polftical
society.
feter Machean sworn, by holding up the
right hand.— Examined by Mr. Gibbt.
Hew long have you known the prisoner at
the bar, Mr Hardy ?-^I have known him these
icireBleen years.
What arc you? — I am a shoemaker.
Daring these seventeen years have you
known hmi well? — Very well; I have bneen
verv intimate with him.
During that time what character has he
borne P — A very amiuble character indeed,
both civil and religious.
Do you speak frum your knowledge of him ?
— From my own knowledge.
What is his general character P-^A peace-
able, quiet, well disposed man.
Are you a member of either tbe Gonstitu-
tsonsl or the London Corresponding Sdoiaties P
— No.
Fiter ^achtan cross-examined by Mr.
Attorney/ General.
How long have you ceased to be a member ?
»— I have ceased to be a member these two
years. I believe ; through an indisposition I
was laid tip with tbt gout, whith cMifined
mm wn months.
A. D. 17M«
[1002
yfhki divbioti did you use to attend.^ —
When I did attend, 1 attelided the diviAou
No. a.
Where did that meet P— At the Blue
Posts in the Haymarket.
Did you ever attend any other division ? —
I attended, but not reeularly; I attended
in Mr. Hardy's division, No. tf .
Where was that ?— Proctor's, in CoVent
Garden; I was there only once.
Do you remember coming 16 aiky resolu-
tion about Paine*s Rights of Man ?— No, not
any.
. When did you cease to be a member of the
society? — About two years ago ) I candot re-
totiect the month.
Do you remember yoiu: society writing te
the society for Constitution^ Informtfnon,
to desirt you might have iomt membevs
associated with them P— ^Perhaps I mijht.
Do you remember your society sooseribHlrg
to Mr. Paine P -^No ; my division never did.
So theti you do not recollect any thine
about the society havkig any thing to da with
Mr. Paine*s RighU of Man?— Not in th«
least ; that was at the end of c^ meeting.
Did you ever nieet in Exeter- street P— ^f es.
Who was your delegate there P-*-We hod no
delmte thert.
Was ttot.that a meeting of delegates fct thd
Bell, in Exeter- street, at the begin nin4^ of
itit society P-^No : ¥e divided firom the Bell
Before you divided from the Bell, wlio fHtt
yonr delecate from that division P — W^
had no delegates at all ; vre were no ways
formed.
You belonged to it at the very first P— Yes.
Who was your chairman at the first
meeting?- -I am not sure ; I c&onot recoUeeC
whether it was Margarot, or whether it i^ms
somebody else ; I really cannot possibly sky.
You knew Margarot very well? — Ves.
He iras a man of a very peaceable,- eivil
dispositi4m P— He Was, jo far a« ertk I
knew : I had very little acquaintance With
Mr. Margarot.
Do you recollect who were the other mem-
berSf at the fir^ meeting at the Bell'-wift
Mr Hardy one of them ?— Yes.
Do yon recollect any other person who
was one of the first member!^ of the houMtt
Corresponding Society ?— -Yes ; there wason^
of the name of Black, and several others.
Give me another name P-«-And Mr. Oow ;
he is dead and eune.
Do you recollect any body else ? — I caitfioi
recollect any more.
How many were you altogether — what was
the number that met at first, at the Bell, in
Exeter-btreet:'— -Sometimes there were more,
sometimes less.
But what was the greatest nAmbar Ukat
ever met there ?— 1 here might ba thirt^^ 9t
forty, or more.
Do you mean to swear ihal^|fi<^tetiieK^^
memlm an^ tiMi^ liiMi^ tlicrt) ^ %«^S
1
lOOS] 35 GBORGE IIL
the first lime ?— The first time I was not there-
Mr, Atiornetf GaicraL—ThQ first time you
were tliere ; bow many were they, to tbe best
©f your recoUectiou ?— There might be, [jos&i'
bly, twenty.
Vou are sure Margjtrot was one of thetn ;
you are clear about thil ?— 1 think m; I couJd
Bot be poiiitive*
You are sworn to speak the whole try lb ; I
desire to kuow tlie oaines of ail of thetn that
you recollect f — There was a Mr. Meny, I
recoUecL
Wboelse?— A Mr, Dowling.
Had you no cler^iucu among you ? — Not
ai^, that I know oC
iliid you auy phy&lciaDi among you? — I
cannot say we liad.
Any gentleman of any other profession
among you ? — ^X do not know that we had.
Upon your oath, can you recollect nobody
^lae, but those you hitve named ? — I cannot.
How many divisions were there of tbe
society, at ine time you left them f — I couki
not, positively^ say any thing, as to how many
there were.
Were there two or three, according to your
knowledge? — 0, there must be more than ihaL
What was the number of the society » at the
time you le^ it, taking in all the divisions
that belonged to it t — ^1 cannot say any thing
to that.
As you belonged to the society originally,
who Srtw up your original code of laws ?>«£
believe Mr. Margarot was t[ie principal man.
Was any body else employed along with
Mr. Margiirotto do it ?— Possibly there might
be; I do not recollect who was.
Upon your oath, do not you recollect ^vho it
was that was to draw up your original laws F
— No ; I cannot recollect.
Did you over visit any body in the nelgbbonr-
Trial of JTumoi Hardy []00i
What cbamelcr has he borne during tlat
time?— * A sober, honest, industjiouS) aad
peaceable man.
Is that his general character!— I nevtr
knew him to be otherwise.
Arc you a member of either of the aocielm?
— I never was,
Alexander Gordon^ cross-examined by B£r.
Atiomfy GtntrtU.
Were do you liircF—Iii Union -stred^ ia
the ci^i
You do not live in Alders^te- street, >a,
91 ?^No.
Do you know any hodj of your oame llul
lives there I — I do not.
John Bogue, called,
[This witness was swora, holding
the
I inis wimess was swora, noLdmg up i
rignt hand, repeating the following words ;
** 1 do swear, in tbe presence of Almigblx
God, and as I shall answer to God at the
creatday of Judgment, that the eirideneel
shall give to !lie Court and jury, betweoi
our sovereign lord the king, and the prixiDer
at the bar, shall be the trutli, tbewbok
truth, and nothing but the truth."}
Examined by Mr. Gi^,
What are yon ?— A carpenter and cabicd^
maker.
Where do you liveN--In KiDg-iiFedt
Golden-square.
How long have you known Mr. Hardy*—
Ten years.
tlavc you known him well &ince that timc^
-^Yes ; I have known him to be an indu^
trious, an honestt and a christian man, I
believe.
What is his general character? — Whit I
hare said.
1005]
Jij/r High Treoiofu
way your way of taking the oath ? — I have
taken it that way before, it is the way I have
taken it ^nce I came into this country.
Do you feel the obligation of an oath taken
in that way ?— Yes I do ; I am perfectly satis «
fied with it this way.
Mr. Gibbs, — How lonz have you known the
prisoner ? — Upwards of five years.
Have you known him well during that time?
— ^Yes ; I have done business with him.
What character has he borne during that
time ? — A strictly honest character^ an upright
peaceable man, as any in the world ; I have
bad occasion to call upon him often.
Have you known him well ?— Perfectly well.
What is his general character?— A very
peaceable man, a strictly honest man^ particu-
larly so.
Has he ever talked with you upon what was
the object of the London Corresponding So-
ciety at all ? — He may have mentioned it, but
our conversation was entirely upon business.
You have not had any conversation with
him on the subject? — He might have men-
tioned it, but not mu-ticularly.
Mr. Attorney General. — You are not a
member of the London Corresponding Society ?
— ^No, I never was.
Jamti Hardy sworn. — Examined by Mr.
Gibhi.
"What business are you ?— A erocer.
I believe, you arc not a relation to Mr.
Hardy, the pnsoner? — No.
Where do vou live ? — In Smith6eld.
How long have you known the prisoner?—
Ever since the year 1779, or 1780.
Have you known him well F-r^I know him
by being a neighbour of his.
From the year 1780, to the present time,
what character has he borne?— I never heard
anv but the best of characters, a quiet, peace-
able disposition.
Has that been his general character? — From
what I know of him it has.
And from what you have heard of him ? —
And from what I have heard of him.
Mr. Attorney General, — Were you a mem-
ber of any of those societies ?— Never.
Sit being now twenty minutes past twelve
ock, on Sunday raomine, the Court ad-
journed to eighto'clock, on Monday morning.]
Settion Houte in the Old Bailey, Monday,
November the 3rd, 179*.
Present,
Lord Chief Justice Eyre, Lord Chief Baron
Macdonatd, Mr. Baron Hotham, Mr.
Justice Buller, Mr. Justice Grose, and
others his Majesty's Justices, &c.
Thomat Hardy set to the bar.
Mr. Enkine, — My lord, I would now state
a fact, which probably the attorney-general
will admit— Your loidship, and the jury, will
A. D. 1794. [1006
recollect, that in the course of the evidence, a
letter was proved to have been written by one
Davison, at Sheffield, to the prisoner at the
bar, Mr. Hardy, enclosing a letter (which
letter was also read to the jury), which waa
requested tc have been forwarded by the pri-
soner to Norwich, for purposes similar to that
for which Davison is supposed to have sent
it; I wish to prove, by a gentleman now in
my eye, if the fact is not aomitted, that that
letter was found in Mr. Hardy's possession
unopened.
Lord Chief Justice Eyre. — The material
observation arising upon it is that it was
unsent, because he haa no business to open it.
Mr. Enkine, — It is a strong circumstance
that it remuned unopened and unsent, for
such a length of time.
Lord Chief Justice Eyre.— Its beine unsent
is, I thmk, a strone circumstance indeed, but
its being unopened I do not think amounts to
much.
John King, esq. sworn. — Examined by Mr.
Enkine.
Did you find the letter in the possession of
the prisoner, when he was taken into custody,
which has been siven in evidence, in an
enclosure ? — ^No ; I did not find any of the
letters, they were aJl taken away by the people
who came.
Did you see them ? — I saw them.
Was the enclosure of the letter, that was
directed to Norwich, open or not? — I cannot
exactly speak as to that fact ; but I remember
the messenger, while he was marking thA •
paper, said, ** here is a letter unopened/' I
suppose that to be the letter.
Who was that person?— I think it was
Gumell.
You recollect the messengers takine notice
that there was a letter then unopened?— Yes;
which I understood to be a letter, enclosed in
another letter. I said, ** open that letter and
mark it the same as the rest.''
David Martin (sworn) — Examined by Mr.
Enkine,
What is your trade? — An engraver.
Where is your place of residence? — At
Sheffield.
How long have you been an inhabitant of
Sheffield ? — About twelve vears.
Have you carried on trade during that time ?
— I have.
Were you a member of the Sheffield So-
ciety ?— 1 was.
When did you become so ? — Within about
three months from the time of its commence-
ment.
Up to what time did you continue a mem-
ber r— Till the time that Mr. Camage, and
other persons, were taken up ; that is, I have
not attended at the Hocicty smce.
What was your object in being a member of
that society ? — For tlie ^Mtym^ ^\ ^vafxcASD^^
\)^ \e^a\ and CAtA>iVi>AQt»i \&kwd&«
1007] S5 GEORGE lU.
That was your own object f-rit was.
I ask vou, upon your solemn oaAh, and the
truth is better than all other things, from all
that you observed, and heard, andsaw, in the
course of yuur attendance upon that society,
had you ^oy reason to believe, or have you
now, before God, any reason to believe, that
their objects were diflterent from your own ?—
By no means.
Did you ever see anv thing pass, or did you
bear any thing that led you to believe, or that
leads ^ou now to believe, that there was an
iotentioiD to attack the soveroment by armed
force and violence ?--Not the most distant
idea of it
Were you a member of the Sheffield Society
at the tuna it sent its delegates to Scotlsmd?
•^Yes, I was.
From what passed in the society, upon that
cocaaioB, what was your object in sending
your delegate ; what was he to do ?-— For the
purpose of co-operating with the other dele-
gates from the different societies, in order to
produce the object I have already mentioned.
By what means did you intend, or contem ■
plate, tlMt this end was to be accomplished ?
-!— fiv a petition to parliament.
What was the reason, afler the petition
bcQught forward by Mr. Grey had been re-
jected, (or liaving delegates? what did ^'ou
expect would he tlic consequence of a pctitbn
from delegates? — ^I do not perfectly under-
stand you.
What good efkci did you expect to arise
from sending delegates in order to have a
Jtelition from large bodies of people ?~The
efl'ect of a general co-operation ut the great
botly of the people, the effect of the general
sientimcnt.
What effect did you expect that sentiment
to produce? did you expect it io make an im-
pression upon the parliament so as to induce
them to grant the redress applied for ?— Yes.
You expected that the general sentiment of
the people, as far as you could collect it, would
make an impression upon the parliament, and
produce that eflbct ?— I did.
1 ask you solemnly, upon your oath, whe-
ther it was in your comtemplalion, or from
what you heard and saw in the course of the
debates and proceedings, as tar as you are ac-
quainted with them, whether it was the inten-
tion of those delegates to contrive means by
which parliament should be compelled to
gmnt it ? — By no means.
Would you have remained a member of the
society if you had reason to believe or suspect
that that was the object .'—I certainly would
not.
Was any thing said, or did you collect from
the general objects of your society, that it was
their intention to affect the king's majesty,
either in Ids person, or his state and dignity?
— Certainly not.
Was there any intention that you could
coilcct (I am not asking ymir ideas or imagi*
nmtioa) ftatn nduit passed in your bearing in
Trial of Themoi Hardy
[1008
the course of the proceediogB of the todtty,
to touch the Lords House of Paiiiament^.-r-
Certainly not.
Wereyou at the Castle-hiU when Mr. Yoike
made a speech there ?-<rI attended the latter
end of the meeting ; but I heard very little of
it.
I take for gntnted that every now«iid tlicii
a hot spirit might show itself?
Lord Chief Justke Djrre.— Do not take any
thing for granted when you are examining a
witness.
Mr. B^Hkint. — I will not ask any moie
questions; I am quite satisfied with what he
bassakl.
David Martin cross-examined by Mr.
Aitorney-GeneraL
Have you lived at Sheffield for some time ?
— I have.
Who were the persons who principally ms'
naged the business of the society at Sheffield?
— A committee was chosen occasionally fkom
the society.
Do you know a person of the name of Gale?
^-I do.
He was a printer at Sheffield ? — ^Yea.
He was an active man in the Society ?— He
was.
What is become of Mr. Gale ?- -I canndt
tell.
Is he at Sheilield now ? — I believe he is not
Upon your oath do not you know he is not?
— I cannot possibly say; I have nut seen
him.
Have you called at his bouse within thesr
two months? — I have at the house which
lately was Mr. Gale*s; he has now, I belie\'f|
no house in Sheffield.
You were made an associated member uf
the Constitutional Society in London, so kmg
ago as March, 1792, were you ? — 1 believe so.
Was that done with your knowledge?"
Yes ; I believe it was.
Did the people at Sheffield write to Londoa
to desire that at the request of any body io
this part of the world, or not? — Not tliat I
know of.
Whose proposition was it tliat you should
write to town to become members of this
Constitutional Society } — It was a proposal ia
the committee.
Do you recollect who made it? — Xo.
Do you recollect a letter being read in the
committee that nio;ht, desiring you to propOK
it ? — I do not recollect it.
Do you recollect a letter from the London
Society being read in the committee, desirinc
that you mij^iit propose that you should be^-
come associated members .of the society?— I
do not particularly recollect.
Particubrly rocollect ! du younecolleci any
thing about it ?-r-I cannot take upon me to
say.
Will vou aay you do not recolka?--! do
not recollect.
You were not ayquaintcd^ I believe^ «ilh
1009]
for High Treason*
A. D. 1794.
[1010
ths ijbrticubn of tht conduct of the conyen-
tion in Scotland, were you ?— No farther than
what afipeared in the public newspapers.
What newspapers are you speaking of? —
The Edinburgh papers.
What, tht paper called the Gasetteer ? * -*
oCes.
Then am I to understand you, that you
know of the proceedings of the convention, as
they appeared in that GaEetteer ?— -I have
heard tncm read.
Then yon approved of the proceedings as
they appeared in tliat Gazetteer, did you ?-*-
Not altogether.
What part of them did you diaapprore of f— >-
Particularly that part relating to a secret com-
mittee.
llad you a secret committee at Sheffield ?-<•
No.
You had not eot so &r ai that } — ^No, no-
Ibing of the kindwas ever entertained.
tau w^ you were at the Castle-hill?— I was
at part ut the meeting ; at only the latter part
of the meeting.
Do you remember tliat when somebody
|Mt>po8ed to petition the House of Commons,
it;wa8 neffatived, and it was determined to
petition the House of Commons no more ? — I
Ma al the outside of the people^ and therefore
eould not hear the proceedings.
Yoa would probably have disapproved of
that resolution, if you had heard it f — Per-
hns I might.
So { should have supposed — ^yoii know Mr.
-Yorke?t-ldo.
Was be a Sheffield man ? — I believe not.
What brou«'ht him to Sheffield ? — I cannot
Idl.
■Had you much acquaintance with himP —
No acquaintance previous to his first comine
•o Sheffield.
You knew a great deal of him, I believe,
after he did come? — I frequently have heard
hhn speak in private, ancl in public.
You were very intimate with him, were not
yo(l?— I cannot say i was very intimate.
Were you very often with him in private ? —
I was.
Having been very often witii him in pri^titc,
50U and he had both the same opinion about
obtaining a rcfi»rni by peaceable means? — I
cannot say we had alrogelher.
What was the diH'erence between you ?— I
fcmnot recollect exactly ; with respect to a re-
form in parliament, we diftercd in many other
circumstances respecting political maUcrs, but
with respect to the specinc diflcrence 1 cannot
•tpjcsent recollect.
l>o you know who the editors of the Pa^
inotwere?— Idonot.
Upon yoiit oath do not you ?— I do not.
Dkl you never bear who were the editors
♦ See in Vol. «3, of this Collection, the
■80 of captain Johnston, p. 43, and that of
Ai*6cott,p.3U3.
VOL. «IV.
of that papBT ? — No, I never did, only what
public report has said; I never heard who
weh: but merely by public rumour.
Did you ever hear by public rumour, or
otherwise, who were tlie editors of the Pa-
triot ? — I have heard it said that certain per-
sons were editors of the Patriot.
Who did you hear it said wore editors oi^
the Patriot? — Mr. Brown was mentioned as
one pefsoti.
Do you know Mr. Bfown*s hand-writing
when ymi pee it ?— I. believe I do.
Mr. Brown was your delegate to the con-
veatbDi was net he?— He was.
fie was a pcaceabU well-dlspqsed man ?—
We believed so.
■ I>o yott reihember your society having any
communication with a society at StcckpcJt?—
Lettere have ocoasionally passed.
Havo you seen their letters in your society ?
—I have seen some letters, but do not parti-
cularly' recollect any of them .
They were also t)eaceab1y disposed, and as-
sociated fur the sume end as youreelf, no
doubt ?— Wc believed so.
TeU me whether that [shawing the ^tness
a letter] is Mr. CampbeU Brown's hand-writ-
ing or not, according to your belief P--I be-
lieve it is.
You know upon the Castle-hill, that ther«
^rss b knetion tnade to petition the House of
Commons ?—- Yes.
Upon your oath were you in the secret that
that motion was made, by centrivanoe, to b^
negatived ?-— I Was not.
Do you know it nowP— I know it by seeing,
it mentioned in the public papers.
You know it no otberwiae ? — I ha've heard
it spoken of generally among people that
they supposed so.
At tho time you attended the meeting, you
did not know that that was a contrivance?—'!
did not.
And many hundred others of you, I suppose,
did not?- -I believe bo.
David Jilartin rc-cxamined by Mr. Erskine.
When you say the motion was negatived
for petitioning parliament, do you mean to
say It was negatived to petition parliament
ultimately by the delegates, when they got
the sense of a larger body of the people*?-— I
understood the not petitioniijc; pjirliamcnl,
applied to the prcncnt puf4iaincnt, the present
House of Commons.
Whatever Mr. Brown Campbell, or Mr.
Campbell Brown might write, tir whatever he
might think, or whatever he might do— did
your society give him any authority to act for
you at Edintiurgh, except in a legal and con-
stitutional manner? — liy no means.
1 do not care whether he acted IcgnHy or
not, but (lid your society give him authoritr,
confining him within the limits of legal and
coqstitutional behaviour?— They certamly did.
Would you havo con«eivV5yi \<c^ >\sib vswKw^^
3T
10111 55 GEORGE lU.
he would have transgressed the niks of bw >
.—I wciuM not.
You mi^ht be misUken undoubtedly; but
I wish to Know whether you acted with the
intention that you have stated to us f — ^I cer-
tainly did.
Lwd Chief Justice Eyrt. — ^Were the pro-
ceedings at the Castle-hill published ?-~lliej
were.
Lord Chief Justice £y7Y.«.- Was Mr. Yorkers
speech published likewise? — Yes; the pro-
ceedings, including the principal part of Mr.
Yorkers speech.
Lord Chief Justice £jrrc.— Do you mean
that speech ?— The speech which was after-
wards published.
Mr. Enkine, — ^Wluch has been read in
court?
Lord Chief Justice £yre^— And you have
read that speech f — Yes, I have seen it
Edward Oakc$ sworn. — ^Examined by Mr.
Ertkine.
What are jpou ?— A plater.
An Inhabitant of Sheffield ?— Tes.
A housekeeper there? — I am not a house-
keeper; I live with my father.
What is your father ?*-A grocer.
Were you a member of the society?— I
was.
From what time to what time ?— I think
from the year 1791, to the present time.
Did you attend frequently the meetings of
the society ?-.Yes, I did.
Did you attend them what mijght be called
regularly? — I did in the general; I was not
at every meeting.
But in the general you were a good atten-
dant?—Yes.
What was your object ? — My object in join-
ing the society was this ; if by lawful and
constitutional means, in co-operation with the
rest of niy brethren, we might be able to
gain a reform in parliament.
How did you expect that that co-operation
with the rest of your brethren would produce
that conscaucnce ? — Wc expected that our pe-
titions would bo heard.
Did you expect more effect from petitions
which might afterwards be presented, under a
delegation from lar^e bodies, than might be
procured by the petitions of a small number ?
— Yes.
Did you consider that such petitions from
delegates of large bodies of pcofjle, were more
likely to impress parliament with the policy
and justice of tlic measure ? — I did.
Was it your intention, as far as you must be
acquainted with vour own objects, if you were
disappointed in the effect which you eapected,
to use force or violence
Mr. Attorney^General, — Please to ask him
what his intention was.
Mr. JBriAiMe.— Be so good as to hear the
question out I do not like to be intemipted
in the middle of a question.
Lord CbktJu$tm JSyre^— You bxn not
Trial nf Thomas Hardy [lOIS
asked the witness one question yet wincli has
not been irregular.
Mr. £nlEiiie.^How am I tonsk m wHmsi m
question, twiching a particular potnt, without
leading him, in some measure? I do aol
mean to put the answer in his moiith; I will
pursue the question in the veiy way I was
going todoy and will argue it with the gentle-
men.
Mr. illfonuy-GcRcra/.— Itisnotworthv-
guing.
Mr. ErsJb'ae.— Then it is not worth inter-
rupting me in this way. If the petitions, the
success of which you contemplated, should
not have been attended with effect, was it
your object to use force?— No, never.
Would you have remained in the sodely, if
you had bad any reason to believe that tial
was the object of others? — I would not.
From what passed in the sodety, when you
were present at their meetings, what dki vea
collect to be their object ? — I never unoer-
stood that the object of the society^ as a bodly,
or as individuals, was any thing more thsn a
reform in parliament; and the;r dki not, as
far as I knew of them, desire, m the least. Is
gain this object by any other means than bf
petitioningparliament.
Were you present, upon the Castle bill^
when a petition to parliament was rejeded^
and a petition to the king put in the room of
it?— I was.
When that petition to the House of Con*
mons, was negatived for the present, wm it
determined, at no future time, to petition psr-
liaroent, when you had got the sense of a
lai^er bo<ly of people ?
Lord Chief Justice Ej/re, — Do you know
what the terms of the resolution were ?— I do
not recollect at present.
Mr. Enkine. — His lordship, I suppose, doei
not ask as to the words, but if you know the
substance of it ? — I do not know that the i^
solution was, stating that parliament should
never be petitioned again.
Did it refer to that time, or to all times?—
I rather think it particularly referred to thst
time only.
Were you in the society at the time when
it was proposed to send a delegate to Soo^
land ? — Yes, 1 was.
Did the proposition to have a conventioa
in Scotland, and to have delegates sent to H,
come to your society from Scotland, or did
you send to it ? — I do not recollect.
When you sent your delegate, what wss
the object of the society, as fiir as you collect-
ed it from what you heard upon the occa*
sion ; I am not asking your ideas and notions
in sending Mr. Brown to Edinburgh?— Tbt
object of the society, as far as I knew o^ 'm
sending Matthew Campbell Brown to EdiD*
bureh, was, in order tnat proper messurai
might be considered of, for the purpose of
gaining a reform in parliament
Was Matthew Campbell Brown, as dels*
gate from your society, to express tha wam
1013]
fofr High Tuason,
A, a I'm.
[1014
Was it the object of your society that your
1 dare
called truiii
ject hid be
X:
jur idenf — It waii;
uld have been r^-
ulioiii if any other ob-
piirsiie ibc object whkb
' — He w;ia.
V» jiv.» iu. ,it.t .^.MtH, from the iliflTcrcnl so*
cteiiea bad got togclhcr, what were tliey to
do?— -Tlirv wrrp fn unini tuii iljt? propcr Way
ofa(Jd^ inknowu tu us.
Lord I —Dill Null sjv Miv-
knowil to US^-'< ni;i
constitutional w;r » Iut
bethought upou l«y u** ; Iii Uiem
persons more capable ofju^ ^ ;lte most
«fliecluai way oi addrciismg p<L(ii.aoent thao
ourselves.
Mr. Ertkine, — What eftV' ' ' i consider
might be produced by b ^tesav
aeixibJed^ peaceably, from \t\\ uix^^v bodies of
fwopi©— what effect did you coutetnpiate thai
iJd have with parliament i*— -We supposed
t petitions coming horn so respectable a
ly a» we ihiurrhf ti,f rn would have consi-
derable wej^: ^lent.
Did you n , uons, coming from
d'. ! Lurn a. great i\<H\y of people, would
ba ' ifecl tuaji a petition from a small
body .^— We did.
Did you contemplate that, by the pursuit of
dceable means, parliament might
I 1 eld, from a sense of justice, to
»r viii-iicir— That was our ultimate cxpec-
tatioti.
f'd hi your socio ty^
^empiatiou against
L vue kmg.
or oflicc ? — Nothing
' f>f life,
t the delegate was
g the liou£e of
From anyt^ r iv
waa there aV
the king?— .\-vi c^'^-.u,
Again.«it hi«i title,
igaiusi bis tale^or <!
Was any thin^
KOt lo Scotland
Lords?--! do not particuiarljr recoUwit whc
tbcr there was or no.
Di«l Uie<tl ?cic4y extend far-
ther than th» a of the people m
the Houise ol Coujuioui ,*— ^I btlicve not.
When did \<tii first h**ar, whut we have
keii '
or I
\\ dcalofiii r'
I do not \>''
I, uf any arms,
recollect the
^* waa taken
r the society, or
J ■: > . , .
1 e paxty
leir re-
. i hv the ill
^jfthc society
liu:m.
hv %hp.
oppoi^tta party, the
wiiicii wc laou^iit incy
I>9 V01I recollect whether tlmt vas com-
plaineaof in the society, and whether any
danger was thought off — ^It was complained
of in the society^ as a thing that was tnought
by the society not right.
1 ask you, upon your most solemn oath,
whether there was ever any thing passed in
the society, for arming it as a body, tor an at-
tack upon the government of the country? —
I am sensible in whose presence I now standi
and I desire to speak the truth, the whole
truth, and nothing but the truth; and, in
the presence of God, I can solemnly aftinn,
upon my oath, that that never was Jesigned^
never agitated, and, I believe, never thoughi'
of in the society, to arm as a body, to attacf
government.
If any such idea had ever occurred to an|
wicked man, or wicked men, in your soclct
have vou reason to believe that you shou'
have known itf— I should*
I do not ask yoti what any wicked man, ill]
his own private mind, might have intended^
but if it had been the object of your society^
or any numt>cr of them^ do you bctievc vo
should have known it^ — I behcve 1 shouJo.
Edwurd Oakei cross-examined by Mr.
Be so good as to remember, when you i
swer my questions, that you have spokeq
about the solemnity of your oalli. — You havi
been a member of the Sheffield Society^ yoiil
say, from the year 17 9 J ?— I have,
Uave you been intimately acquainted withil
the proceedings of that society ? — Yes.
You stated that, I think?— Yes.
Ilad you a committee of members of your^
society, who managed for the society I — Yes* ^
WeVe you a member of that committee?-
Yes,
Were you there at the time when twelve J
members w»^i c Hcnt, or intended lo be sent^l
from the C nal Society at Sheffield,!!
to the Con ^ 1 Society in London f — If
never was present when any such thing
ever proposed.
Do you not know, in fact, you that were^
Intimate with all the proceedmgs of the so^*^
ciety, that twelve members were deputed^
from Sheffield, to be elected members of tho.
Constitutional Society, in London }
Oakct. — ^To be elected members ?
Mr. Btwpcr.— Yea ?-^I do not know thai I •'
was present.
itvuLi mean to turn any thing upon lhe(
ly — to be sent, to liave a commu-^
lib them?
Uair«,-^To be deputed^ to be sent from Shef*.
tjeld to them f
Mr. BoBPcr.— Yes? — No, I never was at s^nf^
meeting where there was such a proposition <
nude. ^
Were they lo be afisociaied, any of voiir
- '■■ • ■ i , ' .,l.a»?— Ida
.'i^ Vi V^ ^
associatca Vo \U'liv\, ^t\^ \ax\j.v:\ vv:b4JC^\$^ tnil»
e
1015] S5 GBORGS Ill-
Were tbey thcQ to be a«sociated bjf corns-
pondeDce ?— In ovd^r to co-operale vritb escb
other, for the purposes I have mentioned.
Were you there then, when it was agreed,
or settled, that twelve members of your so-
ciety should be asbociated witli tlie London
society, for the purpose of correspondence ?•—
I do not recollect whether I was or not.
Did you never hear in the committee, that
s^ch a step had been agreed upon ? — I cannot
particularly answer to that.
I beg you would recollect yourself, whether
ou du not recollect that such a circumstance
^appencd ; do you mean to say it did not
happen ? — I do, by no means, wish to insinu-
ate that it did not happen ; but I do not re-
collect whether there was any such proposi-
tion made.
Do you not believe the fact, that such per-
sons were ashociated ? — I do not believe that
there w as.
Do you know, whether any proposal tl>at
vyas made about associating members of your
society, came from Loudon, or was at first
proposed from Sheffield ?—L[ideed I do not
Know.
Did vou constantly attend the committees ?
-^I did not.
And you never heard, either before or after
such a measure, that it had actually taken
place ?— I did not.
Lord Chief Justice £yre.— Did your com*
mittee take your proceedings down in writing?
-r- Sometimes.
lx)rd Chief Justice Eyre.— Did they keep a
regular account? — Not a regular account.
Air. liowtr. — What are oecome of those
proccciUiigs that were put into writing at
tho^e coiniuitltcs? — Indeed, I am perfectly
a stranger to them ; for at the time the per-
sons wiTe apprehended and laken from Snef-
field to Ix>ndon, I did not, at that moment, or
ui that time, attend the committee; so that I
cannut answer for any thing that the commit-
tee (lid in my absence.
In whose custody were the procee<lings that
\yerc put into writing usually kept ? — By Wil-
liam llroonilicad.
You said, you eispcrted your petitions would
l>e heaid ; were >ou present, when tliat reso-
lution parsed which wc have been talking of,
when it was resolved not to petition parlia-
ment any more?— I was.
Were ^uu present when any letter was
written Iroui the Constitutional Society at
.Shciheld, to ihe St»cicty for Constitutional In-
formation at lA^ndon, respecting a radical re-
f^;rm of ihe ccuinlrv, the 14th o» March 1792;
Vut is Ion:; bnl)i.equent to the time of your
le.'OMuni; a member? — I'nless I was to know
the conlenls of the letter I cannot speak.
I will show it you ; do you know a man of
the name of Sam*ucl Ashtun ?— Yes.
Was he an active member of your society ?
—lie was at the first period of it.
Up to wlMt period f— I do not know.
Wlwfe is he nuw ?— Indeed L do mA knom.
Trial of TkomM Uardi^ [101&
Is he at Sheffield P— I apprehend not; I
believe he is somewhere in the country.
Did he correspond with the Landon Cor-i
responding Society, in the name ef the Shef-
field Society ? — Yes.
Is tiiat letter [showmg it to the witness]
Ashton's hand-writmgr^I. cannot answer
to it.
You must have seen him write frequently
in the society?— When he was an aetive
member of the society, I was not an active
member.
Have you never seen Ashton write, upon
the solemn oath to which you have appeakBd^
—I never saw him write any letter to any
correspondent.
Have you seen him write upon any sub-
ject ?— I do not recollect whether I liave or
not ; I have seen him write, but not to exa-
mine his writing.
Mr. iiVv/ciiitf.— You may take it to be Ash-
ton's hand- writing ; I am going to call a wit-
ness to prove Ashton*s hand-writing.
Mr. Bower, — What is Samuel Ashton?— I
believe he was orginally a painter.
What is he now ? — I suppose now he hss
obtained a patent, for tlie purpose of tanning
leather.
You do not know where he is now f — I do
not.
Y'ou may look at the contents of that letter,
and tell me, whether vou know of that letter
being sent to London?
[The witness reads the letter.]
Now you have read that letter ; upon your
oath, do you know of that letter being sent
to London ? — I cannot answer to that.
Do you believe you did ; I will try you
first in that way, because I advise you, that
we know more of this than you are aware of,
and therefore be cautious ; upon yuur oath, in
the first place, do you believe, ur not, that it
was sent.'— At the time that tiiis letter was
wrote, I was not an active member, nor ad-
mitted into their meetings.
Did you at any time after you became a
member, know that that letter had been
written:' — The letters were nut altogether
known to the society at large : therefore I am
not able to answer.
There is one thing in which you arc inac*
curate ; but I do not want to surprise jtw ;
you staled in your examination, that you had
been a member of this society in 1791; this
letter is dated the 14th of March 1799, and of
course must be written at the time you were
a member ? — Yes.
Then though you had been a member from
1791 to March 1792, you did not know of that
letter being written i* — Wc as a txidy, ap-
pointed representatives for us ; and therelore
we entrusted U» them to transact our bu&inaiiai
as they knew our views.
Was any report ever made to the society, ot*
what tlic committees luui been doing f^—Veiy
at times there were.
Mk»i!L viNzkaX ^\\aA!bv onoe a fortnight,*
■V
1017]
fir. High THaiuiu
A.D. ITM.
[(018
monih, three laonths, er atabovtwhalinteM
vela?— SoBietinies tbey were often made, and
souetimes not
What was the time that was oftenest— was
it once a week P — No.
Once a fortnight?
Lord Chief Justice Eyre. — ^Had you any
fixed time ? — We had not.
Mr. Bower, — Upon your oath, do yon ever
remember a rrportheinemade of the proceed-
ings about the period of the 14th of March,
1792?— -Indeed, I amuotablefeo answer to
that ; I cannot recollect
You say, in that letter, that it is upon the
principle of the Kights of Man ; had those
Dooks bt-en received in your society as the
principlos upon u'hich you were to act,
VaineN Kights of Man ? — ^I'hey had been intro-
duced into tike society before they were proved
to be a liho).
Your principles, however, that you state,-
arc the ri^ht to a thorough reformation- -a
radical reiorm of thecoimtry, upon a system
consistent with the rights of man. Were the
ngiils of man describe in that book and this
letter ?— 1 do not know whether this letter
particiiKirly means the Rights of Man, as
particularly wrote by Mr. Painc.
Mr. Attorney General. — Read up that sen-
tence : " J! the Society for Constitutional In-
formation in London, should vouchsafe so far
to notice us, as to enter into a connexion and
oorrespondcnce with us, it cannot fail of pro-
moting honour, and arlding strength to our
feeble endeavotirs, and to the common cause,
vhich is the entire motive we have in view/'
Mr. Erskine. — Regin at the beginning, and
read the whole letter.— The gentlemen of tho
jury will be so t^^od as to take down the date
of this letter ; it is the 14th of March, 179'2.
Mr. Attorney Grueral — That is not the let-
ter we meant ; but Vfni nuiy read that.
Mr. tutu-er. — I his is not the paper that I am '
examining to ; but 1 huvc no objection in the '
world to his reading it. '
Mr. Er shine — I Imve no wish to consume
the time of the Court ; 1 onlv wish the jury
lo take down that date, the Uih of March,
1702, beruuise I Imve a witness to call in a few
Diinute«.
Mr. Houew. — As ymi de«jire to have it read,
let the witness read it aluud. [The witness
rc-ad the li'ltcr aloud.]
" Sir;— It is now anout four months since
this fintiety hrvt fbrmrd it^self into a regular
body, then but very lew in number; the
enclosed will infurni yciu of their increase,
and which, is umis.! probable, will soon be-
come very numerous ; and not only this large
and populous t(.»wn, but the wliolc neighbour-
boo<l, lor many miles round ahout, have un
attentive eye upon u*« ; most of the towns
and villages, iiideed, are forminjj themselves
into similar assoriations, and strictly adhere
to the mode of copying after us; you will
easily conceive the neces'-ity for the' leading
Biembers of Ibis body^ to pay strict attention
to' good drier and regularitf, and the nsedr.
we inve of coasulting and communication
with those who are sincere friends, and able
advocates for the same cause ; for these rear
sons, we took the liberty of writing to Mr.
liorne Tooke, that worthy friend and patiiot
for the rights of the people, informing him
of otir earnest desires of entering into acoA-i
nexion ^th the society of the same denomi-
natioa with ours in London ; His very ob^e^
ing and affectionate answer favours us witk
your address ; In consequence, we have taken
the liberty, herewith to transmit to you some
resolves, which were passed at our last meet-
ings by the whole body; and the committee
was cluirged with the dispatch of printing, and
forwarding them to you accordingly, for the
purpose ot submitting them to the considera-
tion of your society, to make such use o£
them as thev think most prudent
'< You will also notice the Bclpar address ;
they applied to us, about two mootlis ago, for
instructions, as to otir mode of conducting,
&c. hail not then formed themselves into
any regular association. Belpar is nearly
tiiirty miles from this place, in Derbyshire^
and eight or ten miles from Derby.
'' Ifthe Society for Constitutional Informa-
tion, in London, should vouchsafe so far to
notice us, as to enter into a connexion and
correspondence with us, it cannot fail of pro-
moting honour, and adding strength to our
feeble endeavours, and to the common cause,
which is the entire motive we have in view.
I am, sir, with the greatest respect and es-
teem, your sincere friend,
By order of the committee,
«* Sheffield, " SAMUFX ASUTON,
14th March 1792. Campo-lane.''
^' We have taken the Ubcrty of enclosing a
parcel for Mr, Hardy, in answer to a letter
from him to this society, requesting stime
information concerning our method of con-
ducting the bubincss wc are embarked in,&c.
also informing us, there are, in Ixndon, a
number of mechanics, shopkeepers, &c. form-
ing themselves into a .society, on the broad
baMS of the UighLs of Man. You will be so
. oblij'ing as to let the packet remain with you
. until he call for it, as by this post I have
: wrote him thereof. We have given him our
' manner of proceeding, from our setting out to
I this time, and hope it may be of some use ;
I the improvement wc are about to adopt is
> certainly the best for managing large bodies,
,- as in great and populous towns, viz. dividing
tliem into small bodicM or meetings of ten
j persons eiicli, and tll0^e ten to appoint a dele-
. gate : ten of thc.^c delegates form another
I meeting, and so on, deltr;aUne from one
I another, till at la.'^t arc reducccTtoa proper
. number for eunstitutiiig the committee, or
I grand council.
I " V\i:d.st: to forward live \ftK.VA\. \ft V^'^.
I llard^f -db ^oi\ VLS ^uus^tMeo\.r
\ My. Bower.— -YVvt UiWeXVw ^h^ ^Spa^>^ "^
\ \
1019] 35 GEORGE HI.
your hand by a mistake; I would wish you to
read this letter [giving the witness another
letter.] — ^It is the same date, the 14th of
March, 1793; Sheffield Socie^ for Constitu-
tional Information, to the Society for Consti-
tutional Information, in London.
Who is it directed to on the other side ? —
There is no direction on it.
Mr. Enkine. — ^It is necessaiy the jury
should know, as you go on, that this is not
new matter; that it is matter which has been
proved before.
Mr. fioB«r.— Certainly.— Is that the hand-
writing of Mr. Ashton ? — I cannot answer to
his hand- writing in any respect.
Do you believe it to be his hand- writing?
—I am not acquainted with his hand-writing.
You have seen him write?— But not to no-
tice his hand-writing.
Mr. Erskine. — I am going to prove bis
hand-writing, as I stated before.
[The witness reads it aloud.]
« Gentlemen ;— This Society, feeling as
tlicy do, the griqvous effects of the present cor-
rupt state defects, and abuse of our country ;
the great and heavy oppressions which the
common mass of the people labour under, as
the natural consequence of that corruption ;
and at the same time being sensible, to a de-
gree of certainty, that the public minds, and
general sentiments of the people, are deter-
mined to obtain, A RADICAL REFORM OF
THE COUNTRY, as soon as prudence and
discretion will permit, believes it their duty to
make use of every prudent means, as far as
their abilities can be extended, to obtain so
salutary and desirable an object as a thorougli
reformation of our country. For these rea-
sons, with great deference and submission to
the members of the Society for Constitutional
Information in London, we beg leave to re-
quest that thcv will be pleased to admit the
persons of the following names annexed hereto
as members of their society (they being our
friends, and members of our society), in order
that a close connexion may be formed, and a
regular communication maintained, between
the two bodies; that, being thus strengthened
this society may be better enabled to govern
itself with more propriety, and to render assis-
tance to their fellow-citizens in this neigh-
bourhood, and in parts more remote ; that
they, in their turn, may extend useful know-
ledge still farther, from town to village, and
from village to town, until the whole nation
be sufficiently enlightened, and united in the
same cause, which cannot fail of being the
case wherever the most excellent works of
Mr. Thomas Paine find residence. I am,
gentlemen, your most respectfid and sincere
triend. — By order of the committee,
" SAMUEL ASHTON,
Secretary for this society.''
Trial qf Thomas Ha(ig
[IQSO
cal reform of the coontiy,'' what word wti the
word originally, where the word comfrw 19
nowF— I do not know; it is not iotelligibM.
Do you know how those two letters of tbo'
same date came to be sent on the same d^ f
—No. I do not.
Did you ever hear of this letter, which I
have now desired you to read, before it was
written, or afterwards ?— I do not recoOect it
D<f you not recollect hearing of that letter'
at all r^I do not
That was a letter then compoaed by the se-
cret committee, which never was couimunw
cated to you, at least f
Oaket.'^By the secret eommittee ?
Mr. Bomer.'^By the committee f-— It never
was.
It never was communicatedy to your know*
ledge, to the society ?— I do not know^ be*
cause I did not attend all the society's
meetings.
I ask whether, to your knowledge, it ever
was communicated to the society ?-~I cannot
answer to that.
Lord Chief Justice £yr«.— Do you know
whether it was, or was not T — I do not know
whether it was, or not.
Mr. Bower. — You say you were present at
the meeting at the C'astle-hill f — I was.
Did you hear Yorke's speech there ?^— Yef.
Have you read it since it was printed f— I
have not.
Have you never read his speech ?— No ; I
have not.
Did you know Mr. Brown ? — Yes.
Was he the editor of the Patriot, I mean
the gentleman sent as delegate, Matthew
Campbell Brown ?— I do not know.
Did you ever read a paper at Sheffield under
the name of the Patriot ?
Oakes. — Do you mean anewspaper, or a
book which came out in numbers f
I believe it came out both ways ; did you
ever read either of them?— I have read fre-
quently the register, which might contain ex*
tnicts from the Patriot, Mr. Gale's register.
Did YOU read the book that was pubUshed
under the title of the Patriot.' — I read seve-
ral of them.
Lonl Chief Justice Eyre. — What was the
title of the register? — ^Thc .Sheffield Register.
liord Chief Justice Eyre. — A newspaper,
published weekly ? — Yes.
Mr. Bower. — Look at the resolutions in the
printed paper pasted into that book.
Oakes. — Will you give me leave to read
them over ?
Mr. Erskine. — Do you remember that
paper ; do you know any thing of it ? — I can-
not tell.
Mr. Botcer. — Read it over aloud ; it has
been read already.
Mr. Erskine. — ^I'hat is a very ^ood
why he need not read it aloud again.
Mr, Bonder. — In that part where it says —
^ ihe people are determined to obtain a radi- \
[The witness read it over to himself.]
1^. BQ»cr4-^Q'«)>aL\mi ^flur oatl^ irv»
n]
Jbr High Treas^Un
h. D, 179*.
[1022
i resolutions^ or prmtcd copies of them,
ilaiei «& Sheffield as Uie resolultons of
^nitfocicly? — Vcs; I believe Ihcy were.
^You have seen the m iii ciicuklion there;
«vc YOU not f— I ihiiik m ?
Diu you at that time, or your society^ cir-
culate the books which arc referred to in those
PBSOlutioas — 1 tneirn \lm part, ** we ctecbre
Ihifcl we have derived mortr tru4» koowledgc
trom the two wotkii of Mr. Thomas Paine, in-
tit-i-'P'-htJiofMan, part the first and second
ti iny other author on the subject^ —
iht, , i«w«cc» as well as the principle of go-
vernmeat, is laid down in those works in a
aanner so clear and irresistibly convincing,
Unt this society do hereby resolve to give
llrir thanks to Mr. Paine for his two said
publications, intituled Rights of l^lan^part the
first and second"? — Never since they were
Dved to be a libel.
1 1 am not talking about tlieir being proved
\ be a libel, but whether these books were
^ fcii Idled by your soacly, about Sheliield, as
the principles of go vcnunent which you liad,
ftdoptcd? — They were, before they were
liroved to be a libel.
Were ihey circulated bv the ntembers of
jrour society, in tiie neighbourhood of Shef-
field, in very great numbers? — Indeed I can-
tiot answer thut.
Do you know that they were circulated by
the members of that society at all? — Yea;
ihcy were, before they were proved to be a
libel.
I beg it to be understood that tlie c|uestion
jias nothing to do with proved to be u Ubel ;
• y not» in fact, circulated ? — They
various per&ons^ both in tlie town
pfUiUry.
vbom ; by Gale? — 1 do not know wbe-
ale sold any or not : I believe he did.
rhoro, do you know, wi re they cirru-
-were they circulated by the members
, society, to your knowledge ? — Yes,
no wiis thi'i n.ivn) Mill III \ft\\o «*igU9
those re^ltiiign^ comniit-
ee ? — ^lle wa^ nui i m,
k Was he, at the tune tiio- ons pas-
1? — I do not know tlial i , ^al when
ly were panskcd,
^ you not know the time till I asked you
^time nowf^i^Yes; I knew they were
\ M ftucll.
you not know bo was chairman ? — I
knew it by his name licing to the minutes.
How many members had you about this
tiiB* in the Consttiutbual Society ?— I do not
know*
Do you mean to say you do not know
friietlier there were twenty ^tive hundred, or
teo thouemnd ?— I cannot answer to the par*
ikidar number of the society.
As near mP— I do ool wiab to
ificftkany t; iiio truth.
A» r *CiWi ?
Lot (. litice /Tyre.— Give shoiti clear
fitalinctaiii»wcf & ; Uiat is the way to canvmcc
eti^bod^ that you f|i«ak Uie UuUi*
ied^
Mr. Er shine. — Thry arc asking the num^
of members, at a distinct period oj time, in
society tlie numbers of which were fli
tuating.
Mr. Bowtf, — About how many ? — Probal
there might be about two hundred.
How canie you to say, in your rcsolution87
that they were increased to nearly two thou-
sand, if tljey were only two hundred? — There
were many that were friends to the plans that
wc were proposing and adopting, that were
not regularly entered into the society as
members.
You begin by stating, ** This society, com-
Eosed chierty of the manufacturers of Sheffield,
egan about tour months ago, and is already
iticrea&ed to nearly two thousand members,
and is daily increasing ;'' was not that £fteen,
sixteen, or eighteen hundred more than you
had at the time f — Probably that might be
taken from the number of people that attended
the meeting at that time.
Did people attend the meetings who wi
not members? — Yes, at the first beginning,
Had you any meeting at which five hun-
dred persons were got together^ before
month of March, 17QS f — I believe tli'
were.
I observed, when you were examined, y(
said you had no intention to attack ^ove
ment j what did you mean that you nad
intention to attack government; if govei
ment had attacked you, and dispersed yi
what were you to do,^-*We had no designs
all to attack government by force of arms.
Supposmg government had attempted
disperse you? — We should have submiti
to It.
You do not know, vou said, whetlier there
wusany intention at all about attcrinp the Houie
of Lonls, or about t1 " of Lords in any
respect?— We ex I )< ir and equal re-
presentation in *'' ^i Commons; that
if there were i uons in the House of
Lords, that a i . .^. .l.„.. uu of Uiat would follow
of course.
Then, afler all you have stated to me
those resolutions, and those works you hai
before stated, you mean now to state tiii
your idea was a mere reform by petition I
parliament, and nothing more ? — It was.
Was Martin, the person who signed tfa
the last witness ? — Yes,
Edward Onket re-examined by Mr. Enkin
You said, when you had obtained an equti
representation in tne House of ComniooSf if
llicre was any corruption in the House of
JLord% a rcibrtnation there would follow of
course^do you mean tliat that would follow^
tn consequence of an net of parliament made
bv the King, the I^rdSp ajid the House of
Commons, restored to its purity, as you
wished it?— Yes.
Mr. BoTPer — ^I'hat is a leading question.
Mr. Ertkine, — Though tlvLXii ^^fcs ww ^asA
time foi ^wig c^yimskivv^'^ uti^fciiicsxw^ -^"^ -
1093] 35 G£ORGB III.
pMstd before them, whether reports were
not made from time to t'mie, and all the pro-
ceedings pubiiithed iu the papers ?'^I believe
tliere were.
Was there any concealment of what you
did ? — I believe there was not.
Were not the letters, which you have heard
read in court here, from time to time, printed
in the newspapers at the time?—- 1 cannot
answer for that. '
But did you not advertise frequently in the
newspapers, the proceedings and letters that
you had?— I believe the proceeding*) of the
society were, in general, publibhed in the
newspapers.
Mr. Botivr^Did that book» called the Pat-
triot, come out about the same time as the
newspaper f — ^The newspapers came out long
before the Patriot.
Mr. DSttiel Stuart called again.
Mr. Ershine. — ^I call this gentleman, who
has been examined before, in consequence of
the evidence which your lordship has now
been attending to ; this gentleman is setre-
tary to the Friends of the People, in I nth*-
street, London, whose proceedings arc before
the Court. Have you any letter from the
Sheflield Society, signed Samuel Ashton ? — I
have, [produces it.jl
Had the Society of the Friends of the Peo-
JUe,atthat time, published their Declaration;
call it our Declaration, being myself a mem*
bcT of that society ?— Yes, they bad.
Mr. Law.^W'htLi \h the date ?
Mr. ErsAi/if. — The UX\\ of May, 1792.
At what lime did the Society of the Friend*
of tiic People tirst irotitule themselveit, and
piiblibh their Declaration ; have you one
about you? — I have; here — [producing it]—
it is the procei'(lini;s of the society, primed
uiidrr my own inNptction.
Does this Irtler refer to this address ?— -It
does.
Air. JKriA-j-ic— We will read the letter fiist,
and ti)cu the uchlrebS.
Lord Chief .lubtice Evrr. — What is the
date of the Declaration you speak oS '
Mr. Ers^iiuc, — The title of il is— »• A De»
claration, agreed to on the 11th of April, \19'i,
by the Sucitiy, intituled. The Friends of the
People, associated for the purpose of obtain-
ing a ParliaincnUiry Ueforni."
» Lord Chief Justice Ejf/r. — When piib-
lishcd?
Mr. St uart. -^y cry soon after.
Mr. Erskine. — It was transmitted to Ash-
ton; and this letter is t!ie answer of Ashtoa
upon the receipt of it.
[It was read by Mr. Erskine.]
•* DECLAllATION, agreed to on the lllh
of April, 170», hy the Society, entitled.
Tnr. FKir.Nos or inr Propi e. associated
for the purpose of obtaining a Parlxamkn-
TARY llEFOnM.
"A number of persons, liavia^ acrlously
TmI of T/iomas Hardy [109ft
reviewed and considered the actual aitualion
of miblic a6Fairs, and slate of the kingdooi,
ana having communicated to each other thdr
opinions on these subjects, liave agreed and
determined to institute a society, fur the fur-
pose of proposing tii parliament and to the
country, and of promoting, to the utmost of
. their power, the following cunstitutiunal ob-
' Jccts making the preservation of the cousti-
' tution, on its true principles, the foundation
of aU their proceedmgs.
*^ First, To restore tl»e freedom of election,
and a more equal represenution of the peo-
ple in parliament.
** Secondly, To secure to the people a. more
frequent exercise of their right of electing
; their representatives.
" The persons who have signed their names
to this agreement, think, that these two fun-
damental measures, will furnish the power
tad the means of eorreclint; the abuses, which
appear to them to have arisen from a neglect
of the acknowledged principles of the con-
stitution, and of accomplishing those siUior-
dinate objects of rofurnu which they deem to
be essential to the liberties of the people^ and
to the good government of the kingdom^
" Signed by
** Charles Grey, esq, M. P.; Hon. Thomas
Maitland, M. P. ; George Uous, esq. ; Wil-
liam Cuninghame, esq. ; John Tweddell,
esq.; earl of Lauderdale, Nicolls Uuyns-
ford, esq. ; .Tames Mackintosh, esq. ; Tho-
mas Christie, esq.; Malcolm Laing, esq.:
right hon. Jonl KuuiHinl, .lames .Xrchdekiii,
ciq. ; William lIarwoo<l, esq.; David God-
frey, ejq. ; Uiggins Kden, *>sq. ; Philip
Francis, e.sq, M. P. ; ( h;alcs Gorinc, esq.;
Mr. Serjeant Bond, William Lnshiiigton,
osq. ; Samuel Kojicrs, esq. ; PcT»r'j.rine
Dealtry, esq.; 11.. \\, Sheridan, esq. M. P. ;
William Fullar ton, esq.; Norman Marlcod,
esq. M. P. ; James Ijush, esq. ; Mr. Aider-
man Sawhridgo, M. P.; Ilichanl Weit!,
esq. ; John Ciaridne, CKq. ; John V\ barton*
esq., M. P. ; James Martin, esq., M. P.;
William Smith, esq., .VI. P.; John Hur-
ford Stone, esq,; W. II. Lanihlun, e.-**].,
M. P.; John (Jodfrry, esq.; Gf.orjie Ticr-
r.ey, esq.; Arthur Piiigotu om] •" J. B.
Chiirch,csq.,M. P.; (riibrrt Ironside, oq.:
T. li. Iiol;is, esq.; S. Whilbread, jun.
esq., M. P.; sh J. Throdcmorlon, b:irl.:
M. A. 'i'ayior, esq., M. I'. ; W ilhani Bre-
ton, esq.
Mr. Attornni Ccnrtaf. — Is that t'.*o Mr.
Breton, whose; luuiir occurs in the accuunt if
the procccdiUj^:; at Chalk Tarm ?
Mr. Stuart. — Vcs, tlut is the same Mr.
Breton.
Thomas Hosiers, esq. ; hon. Thomas Ers-
kinc, M. P.
Mr. Enkinc, — Meaning me, gentlemen.
U. Knight, C8»i.; Thomas Thompeoa, esq.
10!^
fifr High Trea$(m>
M. P.; colonel Tarleton, M. P.; John
Scott, esq.) M. P.
Mr. Attorney General, — That is not me,
gentlemen.
Mr. Erskine. — ^This gentleman is not John
Scott, esn. but sir John Scott ; they are both
very gooa men, gentlemen.
sir Bcllingham Graham, bart., George
Byng, esq., M. P. ; John Cartwright, esq. ;
Jeremiah Batlev, esq. ;, Halph Carr, jun.
esq. ; Ralph Milbanke, esq., M. P. ; Henry
Howard, esq. ; B. £. Howard, esq. ; £. B.
Clive, esq. ; Henry Howard, esq., M. P. ;
John Leach, esq. ; John Nicholls, esq. ;
Joseph Richardson, esq.; JohnTdwgood,
esq. ; William Chisholm, esq. ; John Fa-
zakerley, esq. ; Richard S. Miles, esq., M.
P.; Samuel Shore, esa.; Samuel Shore,
jun. esq.; Charles Warren, es<^. Long
Kingsman, esq.; Edward Jeremiah Cur-
teis, esq.; Samuel Long, esq., M. P.; John
Bourdicu, esq.; T. B. Rous, esq.; D.
CHBrycn, esq.; J. Lod^ Batlcy, esq.;
James West, esq. ; Richard Carpenter
Smith, esq.; W. Powlctt, esa., M. P.;
George Livius, esq.; right hon. lord Daer,
hon. John Douglas, rev. Dr. Kippis, James
Jacquc, esq. ; Francis Love Beckford, esq. ;
Adam Walker, esq.; Richard Sharp, esq.;
rev. Dr. Joseph Towers, John Fumell Tuf-
fen, esq. ; Jolm Clerk, esq. ; Thomas Bell,
esq. ; John Wilson, esci. ; Andrew Stirling,
. esq. ; Richard Heavisiae, esq. ; Mr. Alder-
man Coomhc, Robert Merry, esq. ; George
. Shum, esq. ; J. G. Lemaistre, esq. ; James
Perry, esq.; Henry Clifford, esq.; John
Crookshanks, esq.; John Pratt, esq.; W.
Maxwell, esq.; T.Hill,esq.; J.C.Bentlcy,
esq.; Thomas Bell, jun. esq.; Richanl
Wilson, esq. ; Mr. J. Jarvis, C. F. Ward,
esq. ; rev. C. I'owlctt, William White, esq. ;
T. Holt While, esq.; W. Stone, esq.;
Joshua Origby, esq. ; Robert Aitkeu, esq.;
Joseph Spurrel, ei>q. ; Thomas Nevill,c!>q.;
T. Rult, esq. ; Robert Slade, esq.; Francis
Kemble, esq.; William Sharp, esq.; John
&rncs, esq.; Joseph Ruse, esq.; T. Gor-
don, e«*q.; Mr. J. Griffin, Mr. Edward
Hall, William Bosvillc, esq.; John Red-
man, esq. ; J. Philips, esa. ; J. Porter, esq.;
J. B. Gawlcr, esq. ; rev. J. C. Banks, Bertie
Greathccd, esq.; Thomas Crookenden,
esq.; Benjamin Bakcwell, esq.; colonel
Ifastingo, D. E. Macdonald, esq.
" Non-resident nicmlMTs who have signed
the Declaration.
•' Rieht lion, the carl of Ruchaii, Scotland ;
* sir J. K. Swinburne, bart., Northumber-
land; Prof (fiasor Millar, Glasgow; G.Lloyd,
esq., Suftolk ; W.Bclsham, esq., Bedford;
Capcl Ix)ft, <»s(j., Suffolk ; W. Davy, esq.,
Devonshire; James Milnes, esq., Vorkshire;
KobertMontcith, esq., Glas";ow; J. Richard-
ion, esq., Glasgow ; J. Losh, esq., Cumber-
land; J. Grigby, jun., esq., Suflblk.
VOL. \XIV.
A. D. 17&*.
" Treasurers.
[im
" Right honourable lord Kinnaird, George
Tierney, esq."
Mr. Erskine, to Mr. Srt£a^^— The objects
of our society being communicated in this
manner, did you receive this letter ?— I did.
Our declaration was published about the end
of April, in all the, newspapers ; and this let-
ter came from Sheffield, m consequence of
their having seen that in the newspaper ; it
is dated the 14th of May.
Mr. Attorney Genera/.— Do you know Ash-
ton's hand-writing? — I never saw him write 9
he called upon me in Frith-street, about that
letter.
Mr. Attorney General, — Your lordships
trill permit me just to mention that it is thcr
same hand-writing as a letter of the 26th of
May, which has been read from Ashton, at
Sheffield, to the. Constitutional Society in
London, relative to this very proceeding.
[It was read.]
*^ Committee of the Society for Constitutional
Information, at Sheffield, to the Commltteo
of the honourable Society, entitled, the
Friends of the People, in London.
'< Gentlemen ;— It is with infinite pleasure
we have read and considered your Address
and Declaration, firotti your general meeting,
26th of April last ; the principles therein set
forth, by so large' a body of the most respect-
able and worthy characters, is a sufficient teis-
timony and confirmation to us, that so ho-
nourable a society, by signalizing themselves
in support of the laudiAbfc and general cause
of the community, will render themselves
most truly worthy of that high and benevo-
lent appellation, bjr which they are already
known to us, the Friends of the People.
** Ynnr sentiments, your motives, and
your plan of obtaining a reform of the
abuses of government, are perfectly in unison
with our ideas. It is our business (to
which we have always confined our endea-
vours) to instruct the people, in a temperate
and peaceable manner, the necessity ot such
a reform as you point out ; but have never
yet attempted to adopt, or point out any par-
ticular mode of obtaining it, farther thun you
will observe by the enclosed ; believing that,
in due time, men of more respectable cnarac-
ters, and great abilities, would step forward ;
to .such we have always had an eye, and upon
such we have ever meant to rely for our go-
vernment, and the adoption of the most
elii^ible plan of a more free and equal repre-
sentation in the House of Commons, and the
removal of the f^rcat abuses and impositions,
by measures alloc;ctlicr inadequate to the in-
terest and welfare of the nati«)n in general,
and to the mechanical and laborious part of
the community in purliciilar.
" It is thcrcfofL*, with U\<i. Vvn^Xv^-^ ^ft^^^
of salisfacUQU \.Vv;iX nc^ V\\c\^ v^SrVv -a. \w^tv
1Q8T] S5 GEOKGE iU.
able body stepping forwaid in so laiidaiilej so
just, atit! &o j^oud a cm^ ; yoy have our
warmest wi^bef*, since re^t thanks, and assured
cnd^avourij ot supporting it, to the best of our
abilities, ia a rational and peaceable way. It
our duly, and il will ever claim mxr alten*
on, strictly to adhere to, maintain, a»d be
gtiverned by, the principles laid down in jour
deckrationl notv^jthstanding ihe gross and
fallacious insinualionsi of ihe enemies of
jtislice and equity. We aru assured that no
honest man^ being acquainted wilh our prin-
ciples, would have attempted to declare in the
House, ' That the design of these as^cia-
* tions is compklely to overturn the constitu-
' tion, &e.' And we are sorry that Mr. Baker
was under the disagreeable neces&ity of ex-
plaining in answer to such gross assertions,
withotiL having H in bis power to Krpeak with
precision to the principles and design of this
and the similar societies, and to have united
them with youfa in his explanation. For
ihis^ and similar reasons, we are induccil to
take the liberty of troubling you with the
above and following sketch t — Our associating,
©r ticket members, are now about 5,400 ; yt-t
we have the satisfaction, with truthj to affirm,
that not the least disorder, or confusion, hath
made its appearance amongst us ; all is unani -
rally J peace, and concord. As our members
increase* the nnrahcr of meeting places are
increased in proportion, so as not to exceed at
most thirty members at one place. All the
cifcular meetings are held once a fortnight,
on the same evening ; our general meeting is
held once a month, at three ditlerent houses,
on ihe same day, generally very crowded, yet
g^d order and' regularity' is 5Uictly allended
to :— and we doubt not* but what has been
suggested to he impossible, will be fully mant-
fcsled to be not only practicable, but easy to
accomplish, viz* to introduce useful kuow-
Trimi of ThomoE Hardy [I02S
favour us with.^I have Uie lionour lo b«.
with mui:h esteem J your verj- rc^pcclfuJ
ffiend, (by order of the comniiUee)
'* SAMUEL ASIITON, SeoTEW}-
" Canipo-Un^ Shcffieii*
" Sheffield^ May 14, 1?92.*'
(Addressed) "To the chairman of
the committee of tht^ Friends of
the Peofic, at the apartmcDts of
the commtltee. No. d^, Frilb-
gtreetj Sobo, London*"
Mr, E^r^kim. — I caonot 9|>eak from a*
own recolleetioo, bitt I take for ^aniaj, tki
on receiving siu:b a letter as that^ the w^
of the Friends of the People sent au antMiif
— I'hey did.
Did any reply come la that answer Mi
did.
Of course, in order to introduce the rrp^.
it will be necessary to reatl firs^t tlie atuwffuf
the society of the Friends of the Peopk-
Gen Uemen, this is in the y^ear 1793 ; aftffii^
motion in the House of Con:i]ziot]s, the Sodfiy
of the Friends of the People passed a Tfltc tif
thanks to all the societies in the king^.
that had a&sisted in procuring petitions lo Ur
House of Commons upon that measure, ty
is a letter acknowledging the receipt of ll*
vote of thinks, and Ihe sentiments of tli
people^ at Shelheld, upon it« — Have you fi^
one from Norwich, of tne IQth of Septemiw;
1792 ? — 1 have it here [producing iLj
Mr. JSri/Linc.-^Tbis is the answer sent %
that letter, is it ? — ^Ycs.
Was it signed by Mr- Grey ?--«^lt was; Mr.
Grey was in the chair of the committee tlitf
day ; I carried the answer to himj to tls*
House of Commons, after I had copied it Q^
fair^ be signed it, and [ put it into the po^L
One of ikt Jury. — Have you the reply M
have it not here, but it was :
Jhf High Treason,
Uf , ,\,^i,^ .,f^,\ terrible to all good citizens,
p^ J wilh principles uf anarchy,
hy _ it with the obloquy of pro-
!Jg rivii commotion, and of en^aujE^eriirg
destruction of a constitution Justly re*
BA for the freedom and happinrss which
P»o loug bestowed. You nre picastd to
that * you look up to the Friends of the
pie as your lenders and directors in this
it business r' iiulhorlzed a$ we feel our-
s by this proffered guidance, and by that
ony of sentiment, which from the tenor
lur letter, we must suppose to exist be-
a you and ourselves, permit us to lay be-
you some ideas which arc dictated by
for our common cause. The cause of
y can never be endangered by the assault
enen»irH, but may sometimes be exposed
le indiscretion of its friends ; its prin-
i are foun<led on impregnable reason,
ts enemies ^rc, therefore, too dexterous
i\y to attack them. It is not against the
nmgs of I he champions of corruption
ley have produced none), but it is a^insl
craft and their misrepresentation that
ave found it necessary to defend our-
I by the wariness of our language aiid
onduet. A similar wariness, a^ tiir as
ythority of our opinion can extend^ we
counsel all societies associated on simi-
mciples, fur the accomplishment of the
object, to preserve ; accused as ihcy are,
nmon with ourselves, of meditating one
i and holding forth another, of seducing
fnpl*» by a measure so specious and salii-
' uuentary reform, into other niea<
[tcrate tendency and undefmable
if yvr can only advise them to follow
lample in honestly, and solemnly de-
" \}y^r * they make the preservation of
lutiun, on its true principles, the
. (i( all their procecdiriL'-" intl the
irc of nil their refonns. — Li : us
k will clTcclually combat ti ' u-
I to which, perhaps, ardent iiiJihcreiioQ
live somcUmcs furnished pretexts. An
Htdaration of these opinion'^, wtiiih we
aly believe you tu entertain, will con-
fany to the cause of a reform who are
d in honest neutrality by Ihf ir fears,
tds of order, after such a declaration,
*d by con^i*lcnl conduct, will bp no
"riven to seek rehire from anarchy in
I of corruption. The interested
of lilt present abuses will thus be
, for it \h only by confounding reform
bmotion, and corniption witli the
OniKli III lion, that they are enabled tu
Hid to defend their uVuri^ations. All
^^, a« you will perceive from the
Ithich we transmit to you, has
, all our views are mo*
ided that voti have a
,- •- —'"■ ^^'y
ill.
ii ... — J ho
1 prtDcipka/
A. D. 1794.
[1030,
1 and adopt the sime wariness of language^ j
that this society can entertain any correspon-
dence, or pronnse nny co-operation ; we have
pubhcly disclaimed what we condemn, as
well as avowed our real object, and on an
occasion unsought for by us. In conformity
with this principle we have been comfielled ^
to decline all intercourse with the Society for ,
Constitutional Information in London; fori
though we never wish lo attack, nor pretend
to dictate, we are certainly cnlitled to decline
all intercourse with men whose views and
principles appear lo ns irrecancileablc with
ours.
** Oa the partictilar measure which you
suggest for collecting the opinion of the peo- ,
pie on the subject of reform, we do not feel
ourselves yet prepared lo decide ; in a more
advanced stage of the business it may become
very fit matter for deliberation.
** Permit us, sir, to conclude with congra-
tulating you, and congratulating our coun-
try, on the admirable prmciples which your
letter contains, and on the intrepid modera-
tion which it entitles us to expect from you :
you will deprive our enemies of every pretext
for counterfeiting alarms which they do not
feci, and of every opporlunity lo defeat our
measures by cafumnialiui^ our intentiuns.
(la name, and by order of the c:ommittee,)
(Signed) " C. Gntr, chairman.
*' To Samuel Ash ton, esq. secre-
tary lo the Society for Consti-
tuttonal luformation, in Shef-
field."
Mr, Erskine, — Have you any letter re-
ceived from the Hertfordshire Society ? — Yes,
Is that the letter? [showing it to the wit-
ness.]— ^I'hii* is the letter, dated October J si,
1792.
Was it read to the Society ?— It was.
Mr. iVifciflc— The clerk will now read this
letter.
Mr. Attomejf GentraL—We have not
named that Society.
Mr. Enkine.^i do not give un my right
to read it. I will argue it by-and-by.
Mr. Daniel Stuart^ cro!*s-eTtamined by Mr*
Attorney Gcncrat,
The letter thtil has last been read you say
you look to Mr. Grey to be signed ?— Yea.
It was signed? — Yes,
Ditl you send the letter by the nost, or U©-
livcr it yourself to Mr. Ashton?— I htaX it by
the post to Sheffield.
Did you know Mr, Ashton?— Not perao-
natly then.
Do you know what Mr. Ashton i% f^Yes ;
a currier, or tanner, 1 believe.
What wail he at tf >-T suppose in
the same busine!»«» I ^iht he was.
I sec vou direct to r Vshlon, esq.? —
Yes,
That I suppose was a \Uo\i^Vq^ "^wa ^^ti\
^t was not.
1031] 35 GEORGE UI.
By wliose direcUoD did you direct it to
Samuel A^hton, esq.?— By the direction of
the committee.
Did any of them know Mr. Ashton's situa-
tion in life ? — I believe none of them knew
Mr. Ashton at that time.
You told us the other day, when you were
here, that you did not know that Mr. Hardy
bad been an associated member of the Con-
stitutional Society? — ^I did not.
You see your letter is of the 24th of May ?
—Yes.
Do yuu know, that the same Mr. Ashton,
upon the 26th of the same month, wrote to
the Constitutional Society, in London, a
letter, which I hold now in my hand, stating,
that he had received your moderate letter,
the letter of the Friends of the People; and
stating, to that Society, that, as your princi-
ples were not according to the rights ot man,
the Sheilield Society would have nothing to
do with you, except so far as the Constitu-
tional Society would afterwards permit? — I
never heard of such a letter before
Have you had any communication with Mr.
Ashton since? — About a twelvemonth ago
Mr. Ashton was in town, and called upon me.
A short time pre\ious to this, I think about
the 27 th of March, your Society, the Friends
of the People, had expressed their reasons for
having nothing to do with the Constitutional
Society ; and had stated to them, that thev
would have no more correspondence with
themP—I think that was about the begin-
ning of May.
It was before this letter of youfs to Shef-
field ?— It was.
Did you know, that twelve members of
that very Sheffield Society, to wliich you were
writing, had been associated with the Consti-
tutional Society, whose correspondence you
had before rejected ? — I am not sure ; I had
read it in the newspapers ; but I cannot say
certainly whether 1 knew it or not.
Do you mean to say, that, at the time you
permitted this letter to go from the Friends
of the People, to Sheffield, that you knew
that that Sheffiekl Society had twelve mem-
bers associated with that Constitutional So-
ciety, with whom your Sucietv had refused
to correspond?— At the time of sending that
answer, I did not think of any such thing.
I do not mean to insinuate that you did,
for I do not believe that you did — then, you
did not know that fact? — No; but, I believe,
I heard of it afterwards.
You observed my learned friend read to
YOU a great many very respectable names;
now many of those gentlemen have quitted
your society ?— I suppose about a dozen.
Mr. Erskine.—And you can tell how many
hjive been added to it ?
Mr. Attorney General, — Your society re-
ceived this letter of the 14th, from Sheffield,
as aproof of their moderation? — Yes.
And you treated it so, of course, and knew
Wthing oftiie letter that, on the 26tii of May,
Trial qf Thoma$ Hardy
[wa»
thev wrote to the Constitutional Soeietj.
such as I have been stating to you ? — ^No; {
did not.
You were going to state, that Bome gentle*
men had left your society about this tioie?—
Yes; there were.
Do you recoilec;t the names of them?— ^
Five gentlemen left the society at once ; theis
letter is printed in those piticeed'uQKs; Mr.
Baker, lord John Russell, Mr. CJurtenay/
Mr. Dudley North, and Mr. Curwen.
Have you had the curiosity to read over the
names of those respectable gentlemen^ wboie
names are printed m this list? — Certamly.
Can you inform me ho« many of those
gentlemen were, and continue to be men*
ers of that Constitutional Society, all cones*
pondence with which you had rejected?— I
can only know from hearsay.
Mr. Erskitte. — You will state the names^-
I believe Mr. Goring b, but he has withdcawn
from the Friends of the People.
Dr. Towers is a member of the Friends of
tlie People, and the Constitutional Society ?—
Yes.
Major Carlwright?— Yes.
Mr. Batiey?— I do not know that Mr«
Qatley, senior.
Mr. Thompson ? — ^Yes.
Mr. Walker?— Yes.
Mr. Sharpe?— -I do not know that Mr.
Sharpe is a member of the Constitutional So-
ciety.
Mr. £r$kine. — ^You will tell us, Mr. At-
torney General, which you know to be mem-
bers of the Constitutional Society, it will save
the time of the Court; I know the fact my-
self, that they do continue to lie members.
Mr. Attorney General, — When did Mr.
Wharton becgme a member of your Society \
— I beUeve, before I had any thing to do
with it.
I presume you always inquired who the
persons were that you addressed your letters
to, before you wrote any thing to them ? — Tes.
Is lord Daer a member ot your society ?—
Yes, he is.
I understood you to say, there was an an-
swer to your letter of the 1^4th of May, from
Sheffield?— Yes; there was.
Was that from the same Mr. Ashton ?— •
Yes.
In as moderate terms as the letter you had
answered? — Yes, approving entirely of that
answer which has been re^.
Do you remember whether tliat letter, ia
those moderate terms, was dated before or
after the aoth of May ? — It must have been
dated afler, because the answer was on the
24th of May, and this is the reply to that
answer.
It might have been written by the return
of the post ? — ^That would not do.
Mr. Daniel Stuart re-examined by BIr.
Enkine,
Theraplyto your aatver wia in the
1033] Jbr High Treat6m
mcxkrate lenM, which must have beea laUr
than I' ' '' - — Yes.
V« ked, by the attorney^general,
wheiiR^ *i'iv. :elkirk*B eJdesl son, lord Dacr,
was Mnj i<i ;i iu ember o( Iki* ^ciety of die
Fii^iuU L>f the People ^ — Hp firt unly is.
i every buM uril Daer
in the Brit t n, »lEiii«-
burglif — \€A,
^very ^oiWmao in th« Socky of the
iTTcadA ol lh€ People, kn^vf tbit Uird Diwr
was a delegate there?— Yes; I believe ibey
lUi kiiew; It was m the puhhe papers.
Dpes lie remain i»tUl a tnember uf the
Irrieods of ibe Piw^ile ?— lie d<*e«>.
Wi8 there moy motion made to expci hva^
If <|ue8lion faU iM^nduct on that account ?—
at all.
AHLwnry GrneritL — Did yoar saeieiy
what ImJ been the fuoceediuss oi the
isii ConvLiuioii: I do aol apeak of the
olch Ci> but the British Conven-
ion? — Tl»« 3um the pubhc papers, |
believe ; nolbiug Urther.
I observe yon say« the answer muit be
dated Utcr than the ^Oth f—Vea.
Why? — It is a reply to an an&wer tigned
Mr Grey ; tlie JetLer was dated the t4th
May ; it will take two days to ^ to ^het*
fieidf and two days to bring tip a reply.
If your letter weat &oru Ix>ndon on the
24U1, and was answered by the return ofpo^t,
the date of the answer must be the 26th?
Mr. Er»km€, — Did you ever know a man
^lUiSkge hom a constiliOionai nian» to a repub-
lican, in one ^Htht }
Mr. Attorneif Gr/itfra/.^— Did you ever know
a man who wns both h repuhlicaa and a coo-
fltitutiunal mari^ in one ytusX f
Lord Chief Justice Kjfrc, — The observations
upon tliiH trki;b«iction are lu a milch larger and
highti hiiiki Ui4.n thib.
William Demtnapf nworn. — Examined by Mr.
Enkine,
What is youf tride?— A raxor maker, ai
HhMM.
How long were you a member of the m)-
^ u V '— Nr^iilv from first forming of tiie
k id regularly I in general ? — I di d .
U h;it w^ your object in becoming first,
and afterward?^ contmuing to be a member of
I hat Jiocirly ? — The object that I had in view^
wa« a nMormation m the Commons House of
r '; ;>t.
I means did you seek to obtain that
T« :> '' ■ a^iMxiations th:il were diking
f» ' » . » « 7^ By pe titiotn ng the Uousttt
^^ ' I I u expect that tietittoning, by
ii^ >j: Mtioniy and delcgatious from
itM . 1 : • ujQa^ arould be mort aucceaiful
1 I ' uifv wiiv uf itr'litiontng?<^We
' icTimond ;
iHiUi whtfty^M hcai«l pttM^ aft&d kom llm
A.D. 17M»
[I03t
I general proceedings of the society, had you
I any reason to believe, or have you now» wnila
I am examining you, any reason lo believe
that the object of the society, in general, was
difierent from your own ?— i have not ; from
the Kn.-ivU il r? 1 iuive ef the buciely, 1 believe
tbiii : only one end in view,
^^ ^ ihe same end you had?— *Yes.
You recollect, no tioubl, the uhligation
under which you &peak— that yon are sworn
to speak tlie truth ? — Yes,
Then recollecting the sanction and solrro*
nity under which you apeak, do you declare it
solemnly to be your l>eiit;* now, that that wa*
thi' ; ' liect ofyour soiiely ?^ — Yes.
1 1 I h^fi liijy reason to believe that
they imi'ijut'd to subvert the government —
for as to touching the life uf the kin^ it h in-
decent to state It— if you ha<l any reason to
believe that they had the least idea to subvert
tJje king's authority, would you have belonged
to the society ?— No.
If, having belonged to it, you had al\ei^ards
discovered that that wais the object of the
society, woukl you have continued in it ? —
No ; I should have immediately withdrawn
from it.
If you had discovered — I am not talking of
your own internal ideas, which indeed you
have already i ommunicated to us — but if you
had discovered, from the conduct of the
society, not what any one intemperate man
might say or do, but if you had discovered^
from the general conduct of that society, that
\tM intention waa mischievous, and that it
meant to accomplish its nurposes by force,
would you have continuea in it?— No; I
would unmediately have withdrawn as soon
ai I had furmed an idea that they were mean-
ing to obtain it by force.
Were you a member of the society when it
sent a delegate to the Convention tit Scotland?
— Yes.
What did you understand your delegate
was to do, riTprcsentin^ your society in lh«
Convention in ScotlantJ; I mean what you
unil#:>rvifw.fl from what was said in your
SIM time ? — ^That they weretoasso-
ci^> t ^ r, in order to inform the minds of
the people, and to draw up such papers to be
presenitd to government, as they tliougbl
wuuld be most conducive to brmging about a
reformation in the Commons liouse of Par*
liamont^
Whrn this Mr* Campbell Brown was senl
to i ' It, was he authoriaed to proceed
in < uw;ird« any object, but the same
coiiMitiji J otiicts which the society itself
had inviv \u; he lud no ottierautho-
nty, hui . I 11 J ii]i<Jti rhe hamc principle thai
tile JoCR't;, !i iO ,].!'„ .IS > done.
Do yuu fcmuLiilcr «it what time there was
any alana spread m your sociciy upon the
Mibjcct ?— I fccoUcct, but I Cijnnoi justly men-
tion when.
Do you remember a IvAcvd-^VkU— Wsb^^^^i^
1035] S5 GEORGE IIL
Do you remember any insults being offered
to the society, or to any of its members ? — I
have seen people repeatedly assembled toge-
ther, and nave heard them speak repeatedly
of assaulting the society ; and, from infktm-
matory letters that were published in the Shef-
field paper, by one George Russell, it very
much alarmed the people of the society at
Sheffield.
Upon that occasion did you hear any thing
said about the society having any pikes, or
any thing for its defence } — No ; I am almost
a stranger to the pike business ; I have heard
it mentioned, but know little of it.
If tlie design of the society had been, in
general, to provide arms to carry on its ob-
jects, must you not have heard of it ? — Cer-
tainly.
Were you ever in the committee ? — Yes.
Was it ever proposed by the committee to
the society, or from the society to the com-
mittee, or ever mentioned in the society, that
you were to have arms for your defence,
against the government, or for an attack upon
it? — No; it is a question that was never
agitated in the committee, nor in the society.
Then, until these people were taken up,
and this unfortunate business, which detains
us here, originated— I ask you, as an honest
man, whether you ever heard of such thing
in your life, as arming, either to resist go-
vernment, or to attack it? — No; I never
heard of it, either before, or since.
Had you any views, in the object of your
association, which extended beyond the Com-
mons House of Parliament? — No, we had
not; I had not for my own part, and I reason-
ably hope that the society had not.
Is that reasonable hope founded upon what
you observed of their proceedings? — Yes; I
never saw any thing to the contrary.
You say the duke of Richmond's plan was
the object? — The only object that 1 had in
view, and the only object I ever understood
that the society at large had in view.
Was the object which the society at large
had in view, the duke of Richmond's plan,
stated from time to time in the society ?— Yes,
frequently stated, and a number of the duke
of Richmond's letters to colonel Sharman
were published by the society.
The society, in order to show that that was
their object,* published that letter to colonel
Sharman ? What was the reason of your so-
ciety for circulating this letter ?— It was for
the sole purpose of informing the society at
large of the principles upon which they in-
tended to go.
From every thing then that you know of
the society, of your own knowledge, from
your regular attendance upon it, did they
?)pear to you to adhere to that object?—
es, strictly.
William Dewtnap cross-examined by Mr.
Law,
You have said that it was your object to ob-
Trial of Thonuu Hardy
[I0S6
tain a reform by petitioning purliament, was
it your object all alone to obtain a reform by
petitioning parliament r^It was.
Have you continued a member of the so-
ciety up to the present time? — ^Yes, from
between two and three years ago, down to the
t>resent period.
Were you at the meeting at the Castle-hill
in April last ? — I was.
Was not the purpose of petitioning the par-
liament expressly negatived at that meeting f
—It was.
Do not you know that by contrivance, that
proposition was brought forward for the pur-
pose of receiving a negative? — I was not much
acquainted with that, neither was I in a situa-
tion to hear what passed at the Castle-hill,
there was so large a concourse of people that
I could not eet near to the place.
You heard the question put? — ^No, I cannot
say that I did hear it put; I was at a great
distance, and there was a large concourse of
people.
Did you read the proceedings afterwards in
Gale's paper ?— Yes — I might see it, but I re-
collect very little of it.
Whatever question was then put, was it
negatived, or carried in the-trffirmative ? — i
beneve it was negatived.
Were there any voices that you heard in the
affirmative ? — I do not know that there was.
Did you know the question that was about
to be put ? — No, I did not.
Knowing that tliat question had been nega-
tived, and that it had been your object to
obtain a reform through the medium of par-
liament, did you afterwards withdraw yourself
from a society which had disavowed that ob-
ject?— No, I did not; I remained.
Do you know of a single member having
afterwards, in consequence of that vote, which
you said you read in Gale's paper, withdrawn
himself from that society? — No, I do not; I
do not recollect a single individual.
Do you know whether the proceedings of
the British Convention were not approved by
your society ? — That is a matter that I am a
stranger to, whether they approved or disap-
proved.
Was not there a vote of approbation in your
society of the proceedings ot that convention ?
— I have some recollection of it, but I was not
there present, neither can I give any distinct
account of that.
Did you, before the meeting, know either
from Broomhead or Carnage, or any body
else, that the question for another application
to parliament, which was put on the Castie-
hill in April, 1794, was meant to be put for
the purpose of being negatived ? — No, I did
not, and I have had correspondence with
Broomhead these fifteen years; I have lived
within a hundred yards of^ him for twelve or
fourteen years.
Then do you believe, or not, that it was or
not put for the purpose of being negatived N-
It is that of which I cannot sp^.
10S7]
^ High Treason.
A. D. 179*.
[1098
Do you know who is the author of the
paper called the Patriot ? — I do not.
fao you know one Brown? — Yes.
Your delegate to the convention? — I do
Do you know whether he was the author?
—I do not.
Have you ever conversed with Brown about
that publication ? — No.
After you had read in Gale's paper, that
such a question had been put and negatived,
did it still continue to be your opinion, that it
was the object of the society still to endea-
vour to obtain a reform bj petitioning parlia-
ment?— It was said they mtended to petition
bis majesty.
Was that question put } — I never heard it
put.
Did you ever know any petition to his ma-
jesty prepared? — No, I was ignorant of that.
Mr. Ertkine. — A petition to parliament was
negatived, and one drawn up immediately to
the king ; — it has been read m the cause.
Mr. Law. — But, however, after the petition-
ing parliament was distinctly negatived, no
one of you withdrew? — No.
You said you heard nothing of arming — do
you know Yorke ?— -I have seen him.
Do you know Davison ? — No.
Did you ever hear of such a thing as a pike
beine prepared, or ordered, under the direction
of Yorke?— The first I heard of it was that
Mr. Davison had wrote a letter to Thomas
Hardv in London.
When did you hear of that? — After Thomas
Hardy was taken up; I did not know any
thing of it before.
Have you never heard a proposition for de-
fending yourselves against what you call the
opposition party ?— Yes ; I do remember that.
When was that? — The time I cannot justly
recollect, but I never heard it in the society.
Did you ever hear of any proposition to
apply to the magistrates or government for
your defence, in case any of you were attacked
and ille^lly dispersed; do you recollect any
proposition of that kind ? — I do not
William Dcwsnap re-examined by Mr. Ertkine.
If there had been any proposition, much
more if there had been any preparation for
arming for such purposes, must you not have
heard it? — Yes, and had the idea of arming
been seneral, there undoubtedly would have
been large numbers of those pikes manufac-
tured in bhefheld.
At the time that this petition to parliament
was negatived, the delegates had not been
lent to Scotland ? — No.
Was the petition that was negatived, a pe*
tition from the people of Sheffield, or a peti-
tion from the delegates ? — A petition from the
people of Sheffield.
But was it ever voted that the delegates,
after they had assembled together to consider
the best means of attaining it, was it ever
voted that they should not petition ?— No, I do
ogc know that the question ever was moTed.
\
Mr. £fsA;site.-^Undoubtedly they did think
that a petition from the people at Sheffield, at
the Castle- hill, would have no possible e£fect
upon the House of Commons, because the
petitions had none before; but they expected
that when the societies in different parts of
England had sent dele^tes, that if those de-
legates, as representatives of large bodies of
people, had petitioned parliament, that it
might have its effect.
Mr. Law. — Look at that letter,, and say
whether that is Ashton's hand- writing; are
you acquainted with hb hand-vmtiiigr--Not
very well.
How many hundred times have you seen
him write; have not you seen him write very
frequently } — ^No ; not six times in my life.
Do you believe that to be his hand- writing ?
— Indeed I cannot say.
You niust have a belief one way or other
— do you believe that to be his hand-Mnrit-
ing or not ^ — I cannot say I believe that it
is, or that it is not.
Can you form any judgment upon it ?— ^I
cannot.
Do you know where Ashton is at present ?—
He is somewhere in the country; I do not
know where.
Where was he when you heard of him last ?
— In London.
Mr. Ertkine, — ^We will tell you where be
is ; he lives in London ; I understand he is
going to establish a factory.
Edward Smith sworn. — Examined by Mr.
Ertkine,
Where do you live } — In Sheffield.
What is your trade } — A cutler.
Were you a member of this society ? — Yes.
How long were you a member of it ? — Ever
since 1791.
Were you a member of it up to the time
when this business happened, these people
were taken up ? — Yes.
What was your object in being a member
of it ?— To obtain a parliamentary reform.
What did you mean by a parliamentary re-
form ? — Upon the same plan as the duke of
Richmond and Mr. Pitt.
Had you any of the duke of Richmond's
letters to colonel Sharman ? — Yes, we had.
Is that one of them ? [showinz a printeN^
pamphlet to the witness.]— Yes; I beneve it
is.
I suppose this was read in the society fre-
quently ? — It was at times.
Do you lemcmber this passage — " Another
subject of apprehension is, that the principle
of allowing to every man an equal right to
vote, tends to equality in other respects, and
to level property. To me it seems to have a
direct contrary tendency. The equal rights of
men to security from oppression, and to the
enjoyments of life and liberty, strikes me'
as perfectly compatible with their une4\uai
shares of industry, labour^ ^vvi 5g^\\>9iK&^ HiVNtOcv
are ilic on^\a oi m«x^ia2iAV^ Xil I^tMsjdaa. '^X^^
1099] 35 GEORGE IH.
quality and ioequality of men, are both
founded in nature, and whilst we do not con-
found the two, and only sopport her esta-
blishments, we cannot err." Now when you
talked of the Rights of man in your society, I
cannot ask what other people imderstood, but
what did you understand by it yourself? —
Equal representation in parliament.
Did you mean any tning connected with
France?— No.
Mr. Attorney Genera/.— What did he
mean?
Mr. EnURe.— Or did you mean what you
said now, equal representation in parliament?
-^Yes.
In what branch of parliament ? — The House
of Goromons.
If you had observed, from attending upon
the society, that other people^s oljects were
difierent from those you have expressed to be
your own, would you have continued in it ?*•-
Not a day.
And though you had not clearly discovered
it, if you had only reason to believe, or sus-
pect it f — I never heard any thing in the so-
€i»tyf as a body, like it.
Did you ever hear anv thing in the society
that lei you to believe that they wished to at-
tack the king*s title, or attaek the prerogative
ofthecrown? — Not in the least, much the other
W9J.
Did you ever hear, in the society, any
resolution concerning the House of Lords ?—
Never^-not to touch the dignity of the House
of Lords ; the plan we went upon was the
same as in 1688.
What do you mean by 1688 ? — The glori-
ous advantages that we obtained by the revo-
lution of 1688.
You sav you looked up to the duke of Rich-
mond's plan ; I ask, upon your oath, whether
you haa any reason to beliove that this plan
of the duke of Richmond's, or any other plan,
was to be endeavoured to be accomplished
by force?- --Never, not by us as a body.
Did you ever hear in the society, in the
course of your being there, any determination
of carrying this by force of arms, not merely
by your society, in a body, but your society and
others joining? — Never.
When was it that you heard of arming in
Shcfiield; if you ever did hear of arming?
— Never till there were papers flung about m
the streets, and likewise advertisements in the
Courant, at Shefiield.
What eflect had these papers, thrown about
in the streets, and tlie advertisements in the
Courant ? — It was calling fortli the people of
Sheffield to stand forth, and destroy all the
people of a different persuasion from them-
selves, and it was signed C. Ilussel, a clergy-
man.
Did that letter, and things of a similar sort,
produce any alarm in the minds of the socie-
ty ^— In some it did ; and I can relate ano^er
circuxnstance :— frequently when there was any
kind of rejiHciDg m Shcffiek), at good newt
trial ofThoHUU Hirdy
[lOiO
firom the continent, it was the practice of
what we call the opposite party, to come and
fire pistols even into the windows of the de-
mocratic as they called us; they even fired
into my chamber window when I was in bed.
When this good news from the continent
came, had you said any thine in the society
calculated to damp the joy which such good
news might nifuse ?— Not at all.
Had your society assembled to disturb tbam
in any thinr they should say or do about a
victory ?--Not at all.
Had you given any offence of any kind to
them, to your knowledge ?-^No, I had not
been from my work.
Notwithstandihg that, did your society ever
regularly arm themselves ? — ^Never.
Was there any proposition ever, that they
should have armed themselves to have resist*
ed the magistrates f — No ; if it had been de-
termined to resist, Sheffield, in one day, could
have furnished ten thousuid pikes, if it had
been determined, but itne\'er was a matter of
determination or consideration of the society.
Whether you had then reason, or have now
to believe that there was any determination
in the society to pursue such means f — ^Allby
peace and good order, according to the law of
thie land ; that was always held forth at all
the meetings that ever I attended.
You say they used to call you a democrat?
— Yes.
As a person that did not love the king?— I
do not know what they might think.
You can tell how you felt it in your mind?—
I understood by the word democrat that I want-
ed a more equal representation in the House
of Commons, but never by any violence.
Had you ever any wish in your own mind,
or was It your object in becoming a member
of that society, to touch or affect your soN'e-
reign in any respect ? — Never.
So help you God, is that so ? — It is.
Edicard Smith cross-examined by ^Mr. Garrov*
I shall not trouble you with the questions
the gentleman has repeated several times,
whether you are a traitor, and ought to be
hanged; I shall not ask you whether you
have been guilty of high treason, or not.
These papers that were thrown about the
streets at Sheffield, alarmed, very considerably.,
you, who were called democrats ? — Yes.
And made it, as you thought, necessary,
that you should procure arms for your own
defence ? — Yes.
To what extent now did this dreadful alarm,
which made it necessary to procure arms in
your own defence go ; how many people did
arm themselves m consequence of these
dreadful alarms ?— That I cannot tell ; it was
never a matter of the society, and therefore it
is impossible to say that.
You have been asked a good deal about
your own conduct, no doubt you procured a
musket and bayonet ?— -No, I never had one
in my life, nor dagger, nor any thing of the
l»iJ]
Jor^i^h Tr€a$m*
A. D. n9H»
[1042
Upon -^Tt' • r^Th, you had neither a rauskel
nor a ]
Noi I'*' rtU this dread md excita-
tion in II still tonltnucd to keep
your»ti I kepi my »e If as moeh
ai» po»ubic III nijr uwn hotise.
Which of the in:i!:i?itralcs wb9 it j'Ou ap-
plied to, for t lo mention his namf ,
to pteveiit , ^ (jirale people from do
straying ^ou :ilIr—>Ve applied ta ao magis-
trate.
T ' Ion, r made a mistake, it was the
K state you applied tof— No> as a
soti' L> vs t: never appliea.
I itiought we did not understand one ano-
ther; which of the magistrates was it that, a«
an individu;il, you apphttl to? — None.
You apphcd to the secretary q( state per-
haps? — No.
Did any liody apply ?— No.
Did you not communicate thefe alarming
throala to any body ?— ihey were daily in the
papers.
You made do application to any body f — In
J^K i 'e register it wa^ r ' ' ^ vve
#(] arm to aa$ist t h • i ».
,. 1 v»i **»iu JH iit-Curale man; 1 &< r n^i utke
the duke of Richmond's and Mr, Pitt's plan,
%i\i\ Lill ilif»e tilings, mo>t ^^rrfrfilv; there
*r thrown about , desir-
ing . , ^^ite party, opp'. < dcmo-
crats^ to destroy all people of a didcrelit per-
suasion ?— \cs, it was in the Courant.
That Wiis the? same paptr that desired peo-
ple to Hmi ajgitmst foreign invaj»ioti and do*
luetic enemies \ — 1 do not know what that
, r ' per distributed in
Si. V^^yy except that
piiff^i tii.iv i uL-^-iii'» , a-, -i.i mvitatiou to arm
•sam^t domestic enemies and foreign inva-
-"- ? — It wa* that I niiincd in thcCourant.
poit which your society immetliaicly
Ulcd llirjir vurtK, juod adviscfl the dcmo-
cr^ itcetioij of property ?
uit a proper ijucstion ?
Lord Liiit^i JubUijti E^r€, — It i&no que»<
tjoii ; it is an assertion.
Mr, ^ornw,— Did not your sodety adopt
Ibe V4^y wordtt of it, as an invitatum for the
people tOarrnjW t!ie i of pn&pcrty?
— A» far as they adv l to ann,it
wa- - I . - . .1 , . *tiution,
1 of that
^i T ^- .....^^.> ^4. .... ^ .^.^.icmcnt?
— ' itiartoit; we had dome appre*
hi- lij It.
ou not, in consequence of ihut
api* 1 1, adopt \{%t very words } — Smniar
<iii«a to it.
The duke of lUchmond'H plan, and Mr.
Pitl^a, wct«; the things you adopleil ?— Y'es*
Ha? e tlus gL^odncss to inform a very i|;no-
iml m^ii ' ' I prt»fesjinj' ' ' , uUnit
ill tike^ what wu i of tiic
ilijkeof ivii^uMivuii's iDd Ml. i mi n —I an-
VOL. XXIV.
t dertlood equal representotion in parUament,
I and that without iL the people wotild not, b$I
mulci'htood the matter, have their rights.
I What did you take Mr. Pitt's plan fdr a
I more equal represent-iition to be ? — For ctcry
man to havt; hia voice.
That you took to be Mr. Pitt's plaa?^
Yc*.
So much for the accuracy of your informa.
tloo. That gentleman read to you something
abmtt rights of man from the duke of Rich-
mond's plan ; those were the only doctritie,s,
of the righU of man, that ever you troubled
yourftolvca with at Sheftieid, were they ; the
duke has intruduccd an expression about the
rights of man; djd yuu read any other pub-
hcationM about the rights of man at bheBieldf
^Sometimes.
You were a cutler ? — Ycf.
Then of course^ yuu had a cheap cxipy of
Tom PaJne's Rights of Man, had not your —
I have read Paine.
That is not an answer ; you know every
cutter in Sheffield had one ; you had a cheap
copy, had you?— I have seen one of the
others.
I dare aay you have seen the best edition ;
have you one of the cheap copies ?— I have
seen both.
1 am sorry to be so tronblesome, but I
roust have an answer.^ — I appeal to the Court,
whether lam to answer tliat.
I do not ask you whether you read it to
any hmnan creature but yourself; do you
happto lo have one ? — Ye§; J have read one.
A cheap copy ; wa» it made a present of to
you» or how did you get it? — I obtained it by
a suh^^cnption.
A subscription of the society? — No; my
own, and a lew friends.
Upon your oath, td the amount of how
many thousand of your townsmen were
thenu tlirii had this cheap edition of the
Rightsof Man?— 1 cannot tell that.
Do yuu not believe that of the tutlerft
alone, n\ the town of Shelhcid, who had tho
cheap c<lition of the Hicht** of Man, there
were many thousand ? — llierc wtre many.
I take lor ^ranttd, that you having read that
book. ' I it very much as a sensible,
welUv k?— Yfs; I tliought well of
it
Were you« or not, one of those who at*
ipp.i ..I ...,f , - .f.j resolutions, very properly
A I it hook?— Sometimes I wu
»i. . , .... ^not,
Vou mean, at the society, where it vraa
rea<l for information and iniitniction? — It
'-i'ldum, or never, wan read puhfitly at the
!<>tict> ; i do not know that ever it was read
in the society.
Waa It in the division meeting f — 1| was,
\yh«n we met privately al our own houeea ; ;i
few friends.
When A few friends met for const itutional
informution, you then icid thnl bo<jk?*-Sxv>^
thing,
3 \
1043] 35 GEORGE IlL
There were ether cheap books furnished by
the same subscription, were there not? — Not
many ; tJierc were a few.
Could you help us to the tiUev of any of
llicm? — No.
Do )ou recollect tl»c proceeding!* at Ihc
Globe-taveru, in this town? — ^No.
At Chalk Farm?— No.
At the Crown and Anchor? — I recollect
seeing Ihcir names, nevrr more than what
was puhUiihed in the pub he papers.
1 hope you had all Paine's works? — No.
Were you present at the meeting, when a
puhhc resolution was passed, expresshig ap>
iirobalion of Paine's works? — I do not recol-
lect thai I was at that meeting.
You will not venture to swear you were
not ?— I was not, I believe.
If you had been there, you would not tiavc
been dissentient?— 'I cannoL tell that.
You told me, just now, you agreed in think-
ing it a valuable work ? — I did.
\V hat do you take to be bis notloDi as to
the use of monarchy m any state ? — I never
look th;il into considcniUon properly.
I'pon your oatli» do you not understand hit*
book, the Ri^^hts of Man, to be a specific for
getlitig rid ot kings evcr>* where, not only as
useless, bill as burthensome and destructive
to the rights of man ? — If he does, that h not
my min(j.
Lord L'hicf Justice Eyrc-^You are not ask-
ed what you thoueht yourself, but wheihtir
Mr. Paine*s book did not propose it in that
manner? — I believe it did, %r> far as I have
read ; hut I never took notice of that pas*
sage ; so far as I approve of it, 1 agreed ; btil
I did not take it that Mr. Paine meant to des-
troy the king of this countrj'.
JMr. Gurrmc. — Upon your oath, did you not
understand Paine's works to be expressly
written for the purpose of inculcating a notion,
that monarchy was destructive to all civdized
<»tates, lUid that they could not too soon gel
rid of all kings?— Though it was publif^hcd
that we had gained some knowledge by his
works, that was never the intention u( the
society, nor did they take that part of his
"works.
You did not understand it an approbation of
his works ?^thily su far as concerned the
Hou.He of Commons*
Then I take for granted, ymi entered a pro-
test against that part that touched the monar-
chy .^— No,
I will read you a hltle of Jt : *' All heredi-
tary government is in its nature tyrnnny/'
Do you happen to know that the monarchy
in Ihia country constituted a part of an here-
ditary government ?— Yes, I understand il
aot<>.
And that Paine asserto tyraimy to be m-
Urwoven iu its very nature and existeiicc ?-*
icbf 1 suppose he does,
•* An lienlablc crown**— you are pohticiati
enough^! am burc a much belter one thiin I
sm — lu know ih^it ihc crown of Great Lrilattt
/* .fij hcriUillc u^wu!' — 1 Ldicvc it is*
■■^...1^
Trial ofTfwmtu Hardy
[1044
tint
I take it for granted^ that the throne •f
Great Britain ts, in your jiMgmeot, an bcht*
able throne f — I suppose it is*
Did vou know tliat Paine says this i ** An
heritable crown, or an heritable throne, or by
what other fanciful name such thiinj-s iiwy Iw
called, have no other signitii LiAtio%
tlmu that mankind are hKi, njperty.
To inherit a government is to inlmrit the pfo»
pie, as if they were flocks and herds.*' Tbii
passage was not e^ipunged, I hope, in your
cheap edition f — Our society never took tint
into consideration.
Was that passage fairly printed
copy ?— I cannot say.
Now, after the account you have given of
yourself, and your manner of studying politics^
I ask you upon your oath, do you Deiieve,
that tliat passage was not in your cofiyf — t
carmot say.
Then you have no memory of what be ays
about heritable crowns and herilai^le tliranci^
--Not of tiiat passage; we oever t&Nok tbsl
into consideration.
l^rd Chief Justice Eyrtt. — You arf not
asked whetlier yuii ' " l" ; .4
that into your ecu ii
was iu the book ?- i say wncuicr U
was or was not ; ii
Mr. GffrroBJ.— \v^ ...re amy thing in
I|aiDe's book that Imd for its objeit, to recoih
cite the people to the nctes-^urv r xu/n-- ^ of
their establishments and thti! la
make tliem contented und* of
taxes tliat, to be sure, we must bear i — It ww
always advised for people to submit-
I am asking respecting this b4»ok, which
you have studied accurately and attentivdy;
did it strike you that there ^v
in it, tcndinj^ to reconcile tJ
necessary burthens of tiie state
know that there were.
Were there none lliat struck yt/n t- ^ -r- %
contrary tendency, to excite the :, Ut
dissatisfied and discontented, aju: ... i.k
their burthens were unnecessary? -- ^'^'
ihought it was our duty to apply to y^hA-
ment for redress,
Tli.it is nu answer; tell me whether fou
recollect this passage, and I am now remdtlig
out of the cheap cifltion : ** It is inhoniail ini
talk of a million > I i-ar^ poiil out ^
the public taxes oi 1 \\ hir the import
of any individtiai, wJmsi mousaih' re
fortWl to contribute thereto, are , ii
want, and struggling with miserv, i*^ r^M
recollect such a passage h& this?---! beliffve 1
do<
** Monarchy would not have
munv iii:^ s 111 the world, had it
tb protects, It is the » t^l
wl I sail others." Do v. lC
this?— Yes.
You ihuughi ibis i «tr^i>e pasaage Ifi Ik-
vour of mocarrby did you ?«--Tnat wiis orvK
agiUited.
Yuu read Uil»pas«agof»«V«k
1^1 in
is»gia
to Ibt
i do Dol
ims]
fuf High Treason.
A. a 179^1-.
[104G
And bAving rc^ it» be so good as to tell i
me wlielhcr you consider that as a nn'om- I
meodation of the continuance of monarch)", or
its immcdiat" * ' tion— how do you un-
derstand th( ^\\q understood that
we might ohu.ij -..in*, redress; wc did not
wishf m any way, to touch upon the law*!* of
tbi9 country, by any means.
I have aJrcady disclaimed ihc intention to
sak you any such question^ because it is not I
fit to aak yoti whether you were a tiailor—
attend to my question — how did you under-
stand the passage I have read to you, that
** monarchy would not have existed so many
ages in the world, had it not been for the
anuses it protects"? Did you understand
Bt to be a recommendation, to the people
fEn^land, to protect and cultivate the rno-
Irchical principle* or to destroy it as soon a^
tb«y could ? — I ran only an!»wer for myself.
How did you understaud the author to he
advising when yon read that ? — I understood
bim to be ejipressing disulloction to tlie king ;
but then they were always put away, lho!!«e
llniig^, dnd never adhered to, upon no consi-
deration whatever, by any of us.
Upon your oath, do no I you imderstand the
ftamg/Hy and did not you; when von read it,
ondfrstand it to be a rerommcuilation to get
fid ■ 7 irchy as ^oon as you could f—Wc
u< lid to do 50.
ou understand the author so to
slainly ; the words are so.
1 stood that the object of a parlia-
rt; Mfni wa* to l>c ctfecletl by pclr-
Iki ihat centlcman put it ; ifprlthon^
at pcapic in ditterent towns would not do,
then there were to be petitions from delt^ttes
In a convention. Did you expect your reilre&s
from p:irliament itself r' — Yes*
Attend, then, to this passage in Mr I'ltine's
book, and tel) ine what you tliought of that :
— ^**The hili, which the present Mr. I*ilt
Wought into parliament, some years aigo, to
rel'ofni parliament, was on the san»e erroneous
phncipte. The right of reform is in the na-
liani in nv i.n./iiv.i rhiractcj-, and the consli-
Inlion:^ i be by a general con>
Tcoiioi ic purpose," and so on.
Now, havnig read this, as his account of a hill
hfoughtinto parliamentto reform purimmcnt ;
ftDdltavmg stated that the nation itself, in its
^rtsinal character, was to do that, do you *itill
aiUiere to it, that you expected it to bo done
I
l*y the House of
ihcmgbt that th^-
Von ttated Xv
Tanlap
1IHI8; \^...
lion Mr. K^
"-1 hairc s^
tbnn all.
Yoti have, no dotiht, read such » thing as
ihi? Billof Iti^hlH?— Yc«,
'I here i** no culler in SheHield, Hut has read
tiiat, and attended to Painr ^ of it f—
Wc have aUcudcd to the D - - - l**
Commons? — Yes, and wc
I ' r,» |>etilion.
xo, that you
1 1 'Mi tM. gionous ad-
hy the Rcvohition in
have reud wuh »tf.^n-
lUtuflhCH r-if
I, l>ut 1 hiiN li-.xd
Does he, in giving his account of this, call
that Bill of Rights, a Bill of Wrongs and la-
suits? — I never heard any body call it so.
Do not you know Paine so treats it in liis
Rights of ^lan ? — ^Yes.
I observe you made use of this expression
more than once, in yuur answers to xhc kern-
ed gentleman^ s questions, that you never
heard the society, as n Mi/, propose lo touch
the dignity of the House of Lords, nor at a
hodtf^ propose to interfere at all with the m^
nurchy?— No.
Did you know Mr. Yorkc?*-\*cs, I know
him ; I have seen him*
And have heard him^ perhaps ?— -Yes.
In private, ami in public ?— I have heard
him.
Did he use to attend at the meeting at
Broomhead's where the tribune was ? — Some-
times.
Were you a member of the secret commit-
tee ? — No.
Did you attend upon the Castle-hill when
Y'orke waa there ? — I was there some of the
times.
Am I riglit in supposing there was a nio-
tbn made'there fur petitioning parliament ? —
Tliere was.
What was the fate of that motion? — Itf
was altered to petitioning the kin^.
The motion ff»r pclilionuvg imrhiiment was
rejected, I believe ? — Yes, it was, *
How many votes were there for petitioning
parliament?— I do nut know.
Upon your oath, was there a single hand
j hut the hand of the mover and the seconder;
1 suppose all motions were seconded ?
Ltin! Chief Ju^^nce Kyre, — It was not se-
conded h-l cannot answer, there was such a «
concourse of people.
How were the votes taken ^ — By holding,
tip of hands. *
Were you present upon the other hill, at
Sheffield, at the celebration of the fastf —
Yes.
You were one of the congregation ? — ^Ye»,*
I was there. •)
How many thousands of you might he ihcro'
that day ?— 1 cannot tell ; inuy be two thoU'f|
sand.
Y'ou were one who joined in all the ccr©»^
monies of that day ?-»l was there as a looker-
on ; that was all.
Wlicn was it that your orderly and peace-
able society, ut Shcmcld, lirst aiidr^ssed thel
' tition of r. 1 national
Ncrver, to f; ilge.
1 ijii iirvi I uoard ot sucii a \nii\'^t!'**l T\t»
ver did.
You did not t^!>*«'v t^. .1 *.K, ff,tii! hud sent
any mldrcss to i I did not.
bid you see 1 ^ _ at the Castle
hill, as printed aui^rwartih wiih Mr. Y'orkc*!
sj»eech?~i chd; but never reud thcni.
They were pretty generally chstnbuhjd xl
Sheffield ?-^They were to b^ ^v>vv^\\. ^sx v\\^
shops.
JOiT\ 35 GEORGE IIL
I sup)K>^c you were nc^t in the secret, tliat
llie mutitm to pelilion parliaraent was made
un purpose to be negalive<l ; were you «c-
t|u;iiiHed, bcfort il v^as made^ thai there was
to Ijc suth a nwliojj rnade, io order to nega-
tive it? — ^o ; I wasi not concerned m it at
Tbat pelilion to the king, you speak of,
was fur tlie liboliiiuu of tlie slave trade? —
Yes, accoinpunied with the other.
And Giiumcratiug a long list of grievances?
— Yes.
Mr. Ertkine. — Il was only a pelilion from
tlie people at Sheffield, that wus negatived,
was it ?— No.
Mr. Enhifif — I next nropose lo read this
Jetter from hh grace the duke of Hirhmoud to
colonel Slittrman ; it has been staUd hy one
or Uvo iii the witnesses ; but if it is ttiougbl
more regular^ I will call the duke him&clf; 1
believe liis gruce is in attendance.
His Grace the Duke of Richmond sworn.—
Examined by Mr, Erskine,
Mr. Erskirw. — We have Ironhled your
grace to aUend, in order to inform the Court,
whether this letter, which it has been proved
in the course of the evidence, the people of
Sheffield all looked up to, as containing a
plan- — —
Mr. Altt^mvy GencraL-^l must object to
thlij mode ; I shall he ohUged tu Mr. Erskine
to a^k tiis grace tlie duke of Richmond his
(^ueslion, without slating, hy & preamble, why
he aski> rt,
trford Chief Justice %rr.— You propose to
call bis crace, to ask him, whether this paper,
now pro3uccd,i5 his Jetter to colonel Sharman;
iffhat Ijas passed elsewhere with resj*ect to it
is nothing to the duke of Richmond.
Mr. ^r$kine, — Please to look at this pam-
phlet?—It is extremely difficult fur me to say,
whether llie printed papi-r, that is this mo-
ment given to me, is precisely the letter I did
write to colonel Sharman, or tjot, brrausc I
know that tliere was a printed cdrtion of thai
lcllcrwhii;h was nintilalcd ; therefore^ whe*
tber Ibis is an exact copy, or nul, I cannot
pretend to 5>ay.
Docs your grace tliink, that l>y ra^lini; your
eye ovtr il, with atteiilion, you should be able
to answer that question ? — I could*
Lord Chief Justice Eyre— Then his grace
may sit down, and cast his eye over il.
Duke of Richmond, — I think 1 can make
the mutter shorter, by putting into Mr.
Erskine's hand a copy of the original edition.
Mr. AHornet/ GeucraL — The beller, and
the more regular way will be, Ih-it the letter
sliown to the Sheffield witness, and which, he
say&^Cimtaincd the plan that Ihcv looked to
shouldbe read, and ttien it should beexamtned
by somebcHly with tliat now produced by the
duke of KJchniund.
Lord Chie! Jiistice Evr^^— B^^H whether it
he exactly a true c^py ii tlie dukc'^ kUot or
no, it h that which lUey bUW \]be^ %i&\£ii
upon.
Trial of Thomas Hurdtf
[vom
[The letter, produced by his grace Htm duke
of Richmotul, read .]
" A LcTTtB from hisgmce the dukedf Racb*
mond, to lieu tenant-col one! S^lmriMo,
chairman lo fl' ■ - * * of Cocre»»
pondencc, app^ delegates d
forty-five corpi c. . , ^^,s, a&xmbled
atLisburn, in Ireland.
" Sir ; — 1 have been hoiioure:d with a letlo
from Belfast, dated the 19th of Jul.v but,
written in the name of the cooimittee of Coi>
rcspondence, appointied by the dclegateifll
I torly-hve Volunteer corp&» asseniblcd at lii-
I burn, on the 1st of the san^e m«mth, ' ktik'
j 'king preparatory stcp^ to forwanl itieirtntifr
* tionson il " ' i jifewj-
Halionofi J si^&ad
by their Mtiwiu^v^ Htmv .Mt\^ jiut. t!?q.
** In this letter, after showing the cofTopt
slate of the boroughs in Ireland, the geoed
opinion of (tie people that the constitutioii oa
be restored to its ancient purity and v^|y
no other means than n parlimm<?iitary ftte»
and informiug me of the steps which km
been taken and are taking by the voltiaiiefv
in determining to procure this dc&imbkeo^
ject, the committee is pleaaed * lo rrqualny
* sentiments and advice as to the lif^t,aM
* eligible, and roost praciicabh J.snm.
* ing, restraining, or counler\ ^ t}^
* of corruption, borough inHu^ nee, m onlff
Moby my opinion before the provincials
' sembly of delegates, which is to be hclilit
*' Dungannon on the 8t^i of Seplemberneit*
" This great mark of con&derK'e, from b^
tlemen in whom so much trust is plAcail^ oKi
me great honour ; for us I have not thepleir
sure of being personally known lo aiil^ i^
them, I can owe il but to the fav<»urablrffi*
nion they are pleased to caiertMn of ny Di-
stant and 2ealous endeavours in the piA^E
service.
** I am sensible that the only proper retm
1 can make for this !. ' 'i^tiEictiao,»
to obey their comti i - 1 maiutfr I
am able; for althuo^u m> ni<!»uthcici>ey ilir
so arduous a task would aftord tite bat IG»
good an excuse for declining it, yet 1 fed it
wauld be inconsistent willi my ideas o^ tbt
obligation every man is under to serve iba
pubFic as well as he can, if 1 wa» to nhm
giving my opinions, such as they arc, wh»
thus called upon by a respectable bodj ol
gentlemen.
" Besides my inability, I have U> fegwl tht
want of time to collect ami f^rran^e nr
thouE*hts in such a manin
f rear before you, and tin
etter, which will not adnm < :iN>t
investigation which a subject t rm-
portiince deserves ; for aithoi i aiur*-
be long, I ara sensible I cam -uW*.
*^ The subject of a parlianit .. .. . . *irro t^
that which, of all others, in my opinioOtiD«i
deserves the attention of the public, a» I cod-
\"
1019] J&- High Treason.
which a nation c&ti wi^; and I have no he-
„ iitation m sayiag that from every coDsidcra-
*^ii \Nliich I havr Iccn able to give to this
grctft qae!»tioi:i, lh:it for ittAny years has occii>
jiicd my nu«U, and irom every tlay's eiperi-
t'vvi^ ii. iiu .If. Mi.j liMiir, I am more aiid
1 1 J ari n^ the r ig ht of
tv: ^ i n^noi incapacitated
/% na:urr/> raton^ or ktf law /or the
HMitMivn*') <i»eiker mith annual vUc-
^nsy is the uuiy ifetonu tliat rxn b-i effectual
1 pcrmaueiiL 1 an» iditherconvimcd that
It is thootdy reform that i^- lo.
^ AU olbc^r pbrj& that h\> lUve oa*
..tli" ' ^ ' ' :r.;sii.:.. .i liL lu Ullcrest
1 i u> the people,
fv rtform can
, om nny share
rrv \^u^ ren-
tbc hands ol a more or kss extended com-
iiy ; or ivheUier it in divided by them into
of f-omewlial more or le»s just propor-
The public feels it^lf uuconci'rned
in these cun tests, eiLcopt as to the oppressions
it endurtH, and the exactions it sifters, which
il 'r riist routinue so ion a; as the people
i> iveil tii all conirol over their re*
p ., Ibi* iriddfcrcnce of theirs,
^^ A attempt wus miide foraclduional
tu...,,, .,, r'"'^ "^ '- used Ijy oiir oppcjiienls
as an argil nst all reform; it was
takcd with uuit air, where are the
Mtitionstrti ^ijitanl'i uf Btrminghum,
lltliehe^tcr, ^nd other great nnrr-
S resented tu^vus ;' And their silence was
oemcd a proof of tJieir acquiescence and ha-
lialketiou in the pn nnt form of eleclions 1 1 he
tlHtbis, tliat the people imvc bpcm so often
(kceivc-d, tUut ihty wp' ' trust any
setui men ; and notl.i ^nt con-
wi^on,/' ' 1- i-iiiL* luutiy to the
'ttfliyvfi % gr indeed ouv*jt,
** Tbe lesser rt^furm has b«eu attempted
With evtrv i.u' ^li-lc iJv .tittL'e in its ttivoiir ;
IK rt of the ad'
\ - I . but from thf?
aawyloncc oi lueu ui j^ieui vieig^bt, both mand
««jt of |u>v rr Kilt ^viih all Un?«io tempera-
>u, fnilcd. Not one pro>
I fri>m corruption, nor
lidd out from
If
^T»as
any qiiarU;r,thallhe I
ioditud to adof>t any ou.rj
Th< wei;;bt ol corrufitMHi
•ollting to ho(i«, 1
Ihem hUKtit uoiC'id) ^i^^lu iny own cuu-
otnmons wah
tuijdi* (if »cform,
ims cniNbtd this
( treum-
l iiHve
im
y them
U»e hu-
I .If , rjiir/
L fit at ton.
vicUoD, but from the admission of the friends
to the more mederate plan, who, in the se-
cond address of the Yorkshire committee to
the people, confess thai our claims are founded
on the true principlrs of the const ilution,
and only object to them on account of imprac-
ticability. But their plan ha^ now had a fair
trial, and (if it is from the inclination of par-
liament that priicticabilily is to be expected)
has be«n found as impracticable as our^. The
more c.\teiisive plan, at the same time that
its operation is more complete, depends on sl
more effectual support, that of the people,
" I am also persuaded, that if the scheme
for additional county members had proceeded
any fartlier, infinite difbcultics would have
arisen in adjusting it. Neither the Yorkshire
comraittee nor IMr. Pitl have given the detail
of their plan. A just repartition would have
been a most intricate task, for where differcnl
interests are separately represented, the pro-
portion is not very easy lo ascertain. The
doubt you state concerning this mode of re-
form appears lo me well founded ; a few great
families might divide a county between them,
and choose the members by a house list^ like
East India directors. Another difficulty from
the increase of the number of members, which
jBi^hl render the house more tumuhuous than
deliberate, has its weight. But the greatest
objeciien, in my opinion, lo this and to every
otiier narrow and conlractcii plan of reforrn
is, thai it proceeds upon the same bad princi.
pleas the abuse it pretends to rectify; it is
still partial and unequal ; a vast majority of
the community is still left unrvnresenfed ;
and it5 mos^t essential concern*, hfe, liberty,
and properly, continue in the absolute dis-
posal ol lho»e whom th«y do not choose ^ and
over whom Ihey have no control. In the
arrangements of plans of this kind there is no
leading principle lo determine that ihe addip^
tiuu oyi^rit to be, one hundred, fifty, or two
hundred; that the allotment should be ac-
r...A,r,.. »,, »5m. population, property, or tajtes
MUly ; that any *uppoied pro*
i . ..„:. lu thi landed and trading mlcr-
evt IS the ju^t one, and that the division of
I ounly and niy members will correspond with
thi)» pioportion when found. All Is at sea
witliout any compass to enable us to distin-
guish the safe from the dangerous course.
" But in the more liberal and great plan of
uni-pcritil FepreinttattQUf a clear and uii»tinct
principle at once appears tbat cannot lead us
wrong. Not r ' ' r ' ' ' t -t
not 'ii niaxim fjt
IS the <
eternal
\
error; but il it
founded on the
and wisdom, and ourun
we should not he«ijtate itt
the»i but dctcfminc to :kI tm
ciplr, of ^tving to rvery man /.
shall immediately yX lA o\ -ftivv \\\t ^a\
I he
J
1051] 35 GEORGE III.
lies to which the narrow notions of partiality
and extkision imi^l ever he suhject.
** In the digesting a plan upon Ihb nohle
foimdalion we shall not And any difficidly that
LIhe most comEiion understandiDj^ and pains
I itWl not jBasily sunnoimt. 1 1 doe^ not require
I half Ike ingenuity of a common tax bill ; and
' as a proof of this assertion I myself drew the
^ form of a bill for this purpose* which I pre*
'•fienled to the House of Lords in 1780; not as
a perfect work, but merely to show how easily
the objections totlie practicabifity of the plan,
I and the inconveniences that arc buggested,
might be got over.
** I believe the sending you a copy of my
bill will be the best way of explaining its ope-
. rations* I have not one reatly at this mo-
l nientt but it shall soon follow this letter.
" 1 shall therefore only mention at present
I a few of its provisions, which I think entirely
[ remove the most plausible objections that
I hgve been UTge^l agamst it,
** The present number of members in the
; House of Commons is prcser\'cd, so that all
apprehension from too numerous an assembly
I ceases.
" An account of the whole number of males
[cf age in the kingdum i** lo be taken and di-
I vided by the number of members to be sent,
1 which will ftnd the quota of electors to choose
©ne member ; from the bebt accounts 1 can
now get, it wiil be about fuo thousand air hun-
I dredi Ihf'K' are lu be formed into districts or
^boroughs from the most ctmtiguous parishes;
1 bv having oil the elections throughout the
grfom in one and the same day, and taken
i each parishy all fear of riot and tumult
vanii^es.
"The great expense of elections, which
arises chicily from the cost of conveying
electors tn the place of poll, and entertaining
them there and on the road, will be no more,
■when every man will vote in his own parish.
Bribery must entirely cease; in a single bo-
rough it would be diflScull, on so many as to
have any effect, impossible, ThennmLersto
be bought would be infinitely too great for
any purse. Besides, annual iiarhaments, by
their frtc|uencyy and by their shortness, would
doubly operate m preventing corruption.
** The vast expense of petitions to parlia-
ment un account of the illegal returns, would
be reduced almost to nothing. The points on
which these contests generally turn, are the
qualifications of the ekctors under the num-
berless restrictions the present laws have im-
posed, which require the attendance of wit-
nesses, the production of records, and are
subject to infinite dispute. But when no
other qualification should be necessary but
that ot being a British subject, and ot age,
there can be but lilllc left to contend upon as
to the right of electors to vote. All other
iiuestion.v Ihat could aflbrd ground for a peti-
tion would be triding, and might be decided
ill one day. Many oltvtt ^jbjections are ob-
Triai qf Thomas Hardif
" But there is another sort of ol^cdiai
against which no provisiou cao be made, mz
IS merely I maginar). It is feared by mq^
that the intlueuce of power and nchovi
give to the aristocracy so great 4ft loiii iatin
elections, a& to place the wbolc
in their hands. Others again
when paupers and the lowest
people shall have aii equal vote with
commoner in the kirigcjoni, we shall UU
all the confusion of a democratic nm
The cuntr^iriety of these two afpntel
might of Itself be a sufBcicnt praof
neither extretne will take plsure. It b
that the poorest man in the kingiloai
have an equal vote with the first, ibf
choice of the person to w^hocn be
all ; and I tliink he ou^ht to hav«
degree of security against oppr* '
also true, that men of superior ibrtaoa
have a superior degree of weisjbt and i^
iluence ; and I think that as educatiooii
knowledge generally attend property, te
who possess them otight to t I'llit tfi
influrncc with the more igi Mlli
essential diflference will be," itj^i utntMUCfaii
people may l>e led, they cannot be oiiA
Property will have its weight, as it evYTOiii
have, in all governmeots ; and I coooai^
that in tliis plan it will precisely ftmi jli|al
proportion comhnied with talents and ^
racter, A man of great property thil •
beloved and esteemed, will^ as heoi|gbl,bil
the greatest sway; but tyranny and opprijaaa,
though attended with riches^ maybertsitti
and will no longer be attended with a burpff
tenure at command,
'' Another subject of apprehension is» M
the principle ot allowing to evert mtfl «
equal right to vote tends to equality in ote
respect?, and to level proper*' To i»t i
seems to have a direct c iwtey.
The equal rights of men to ruta of
pression, and to the enjov i hkm
liberty, strikes me as per oiMt^
with their unequal shares of iiidiifttrv, ubwr,
and genius, which are the urii^in of Incquilitf
of fortunes. The equality arid ineqmli^ i
men are both founded in nature ; and wiiA*
we do not confound the two, and only fuff^l
her establishments, we cannot err. rbcp«>'
tection of properly appears to me one of Ihi
most essential ends ot society ; and sa Hms M
injuring it by this plan, I cunceivc itlote#
only means of preserving it ; (or the fwatf^
system is hastening with great Ondfsto*
perfect equaiUif in univertai ptnfewiy.
" It has been said, thai this phiii0f«ftiei^
ing the right uf voting to every lodinM
creates much uneasiness in the minds of f^
and well-disposed persons ; and that it pa-
pers, vagabonds, and (lersons of oo |M«9«>9V
were left out, there would be no oljjlecl*^^
extend it to all householders and pmooif^
ing taxes, and that the - r^KW ^
districts might take place. r is^lW
viatcd by the biU, Wl \l \sute<i\t^aVtiv:.\.^\W\i^i>« ^'i \^^\i\^s\^ Let hiui ov cvtt ^f^<
ntcatiOE them.
1053] /w High Treason.
who, in his consumption of food, and use of
mimcnt, dot'5 uol pay taxes, and that I would
wish to encourage an cut!iusiasm for his
countn' in the brc:ist ol every subject, by giv-
itjg hirti his jusl Hhjirc in its government. I
readily admit, tbiit such an :3ierHlion would
be a vast improvf merit ; bui I mvist prefer the
adhering rigidly to a self-evident principle,
Cipecijtlly %vhen attended with no inconveni-
ence in the execution, that I can foresee,
fiesidtvs, VIC should again fall into the diflicul-
licfi of drawin;' the line of sej^uration and into
tiie disputes about c^u ah A cation,
" The apprehensions that our government
will beconic too democratic, have been urged
tm another ground. It has been said, tliat the
House of Commons has usurped the whole
power of government ; that the crown in
reality no longer p05se$S€» ilJ* negative, and
mu^t in all things be ruled by the House of
Commons : that the House of Lords, in con-
sequence of its exclusion (by the will of the
House of Commons, and not by law) from in-
terfering in money bills, no longer, in fact,
eierciBCb the functions of a branch of the
legislature: that the only means by which the
balance uf the constitution is now in any
degree preserved, b by the irregulnr influence
of the Crown and of "tlie Peers in the House
of Commons : and that if they arc totally ex*
eluded from inlcffercnce there, as it is sup-
posed will he the case if this bill passes, and
are not restored to their oriffmul share of
power, the equilibrium will be deslroycdt and
tbc government become purely democnitic,
'^To remedy this objection, it has been
answered by others, that it is but junt and
teasonable, and that tbey mean at tnc same
lime Uiat the Commons are restored to tlaeir
ri^tSy that the Crown and the Peers should
iteeower theirs. This answer has been ridi-
culed in my oplniun with more wit, than soli*
^ty of argument. It has been represented as
admitting that whibt the House of Commons
OOOttJlue corrupt, the Kinz and Lords should
' to its decisions; nut that when it
._ reaJIv speak the voice of the people,
it would be right to revive the dormant
!fs of resisting it
** For my part I agree in opinion with those
wiiu aje fur restoring to all parts of the state
at the same time, to do it
tiaily, is wliat I must contend
v\t lime, I admit ttmt I am
1 the net^ative of the crown.
okdrua
c nalitm
I would
— :'-?wn, or
or people, tliai » jioi^
A, a 179*,
LI054
Ttorai drpiiideciee
rstiH syvtefn
UUtil, VIS ^tUiUia O^^XOftOI Is 1 pU9te
democracy more titan our constitution war-^
rants, or than I wish to see. I am not for a
democratic, any more than for an aristocratic,
or monarchic govcrnmeol, solely ; I urn lor
that admirable misturc of the three, that our
inimitable and comprehensive constitution
has established : 1 wish to see \\w cxeculiv**
part of government revert to where the con-
stitution nas originally placed it, in the hands
of the crown, to be carried on by its ministers;
those ministers under the control of parlia*
ment, and psirhament under the control of
the people. 1 would not have parliament
made, as it daily is, a party concerned in every
act of state, whereby it becomes the executive,
tor which it is not calculated, and loses its sti*
periotcnding and controlling power, which is
the main end of its institution. For when
Uic two Houses are previously pledgcil by ad-
dresses, votes, and resolutions, it be<^:omes
extremely ditticult for them afterwards to
censure measures in which they have been
so deeply engaged by acts of tlicir own,
Another great inconvenience arises from par*
liament's taking so much of the executive of
government on itself, whicii is, the exccssiv*
length of the sessions* an evil which of late
has greatlv cncreased* Now that parhamem
is engaged in every detail in order to sctMll
the mimslcr, it never can finish its bnnincss
till the middle of the sununer, when the inde-
pendent country gentleman, tired of a lone
attendance, and hot weather mtown, i% retired
to his private business In the country, and
that of the public left to be settled in thin
houses by a few dependents of the minister.
A short session of two or tliree months would
be sufficient to examine tlie expenditure of
former granii, to make new aoety to ledreaa
g;rievances, and pass such general laws aa
circumstamces might require. The inoonve-
nlency and expense to a private rnemlier of
parLiament in att^'iidins his duty would tltcii
be IriAing; and instead of forty commoners
and three peers to form a quorum to decide
the greatest matters of slate^ tbc attendance.* of
two- thirds of each body, which would give
respect to their proceedings, might and ought
lo be required. I am also free to own inv
opinion, tbalwbea tbc House of Lords shall
be eliectuallj prevented from having any in*
fluence in tlie House of Commons, as i think
it must by thi« tiill, it should at the same
time rccoT u every respect
with the 1 ^ a co-ordinate
branch ot nu i ueee aenlinients
are I think co: the id«i la well ea-
prtssed ill yoti the volunieer amiy
of Uve provincr * to restore to Ilia
<rn.wn it* origii- . , _ jr, to Dobiiit V its ao*
deeety and to tiie aolion at Ux^t ila
rights.'
^ 1 believe I have now IrotibM jou with
aD that tf nrcea«ary eonoemkif mj plan*
My bcil wdJ sbow Ibe deUi] at £u^ as oMDcems
tbe Huuse ^ Cocnioous and ilii<^ «k3L\ia;A ^
i
1056] 35 GEORGE UL
tbe crawn its exocutive, and to the House of
Lords its deliberative fiinctions should be
Added ta, and form a pari of this bill ; but I
have not as yet had lime mid kisure to
prepare them.
" la what I have saidi I have shown my
opinion concerning tlie Isl, 3rd, 4th, 6th antl
ath questions you have prop<>&e<l to mc. There
remam the 2nd 5th and 7tfi to be considered,
** In respect to the second, which I presuinc
relates lo the admission of Roman Catholics
to vote at elections^ I can only say, that the
same principles which go lo civil hbcrt>%
equally lead^to liberty of conscience: I admire
with you the glorious spirit of toleration which
you s'^y has united the once distracted inha-
bitants of Ireland into one indissoluble mass:
and I am sure that nothing short of evident
danger to the stale can warrant its interfcjencc
in religious opmions. But unacquainted as I
am with the stale of Ireland^ it is impossible
for me to know the present temper and dispo-
sition of the Roman Catholics there, and
those only who are on the spot can judge
how far exclusions of tliis sort arc necessary,
Of ought to extend.
«< With regard to the 5th quesftion, if voting
by ballot is advisable? I am clearly of opinion
that it is not The idea of a ballot can have
arisen but to avoid the eBcct of some impro-^
per intlucDre; and I conceive it much more
DobJc, directly to check that influence, than
indirectly to evade it by concealment and
deceit. I am convinced that trivial circum-
stances In things like this lend greatly to
form the national character ; and that it is
most consistent with that of a British or Irish
freeman, that all his actions should be open
tnd avowed^ and that he should not be
ashamed of declaring in the face of bis country
vrhom he wishes to intrust with its interests.
Upon the same idea that ballots may be a
cover for independence, they must also be a
eloak for bribery, and a school for lying and
deceit.
*' A9t0the 7 th question, whether it would
> not be equitable or expedient that boroughs
now in the poi^ession of individuals should be
purchased by the nation? I think, that
altlKiugh no man can have a strict claim in
equity to be refunded the loss of what neither
huver f»ur seller had a right to barter, yet it
will be wise to purcha'ic the good will, or at
least to soften the resistance, of the present
i^w«rful possessors a( borotigli^, by a most
^ ample con n. The h^terties of a
^ DajtMU ciii ' >ugbt too dear: hut thu
whole CO^l ui uiCM; b' ' " '':- .. ...I.I . ..f
ainounl to the protits ui •
lyiTO I
i*/mJ
Trial of Thomas Hardtf
rKM
can no lon^r be any apprehension of their
endeavour in toss tbcmst ' ' nob*
kind iniiMitt risuchroL^* <;LI-
con<fucted mut hu^? as v • '^ ^nf
ceedleiis, I mrntmn tin- ii|j
the more ialisfartion, a* ii ^a-
duct with lh(^ riiust unequl^ iif.
interfiled ptitTioUsm. l*o\v> ^ .. _ ^c*
quir d, is generally endoivpured to be prc^
served by its possessors: but nuj, afi^
having t^tken up yours trorn n ij4
employed it ust? fully, are now 1 1 i,*'^
with une^tampled virtue, to fimuIlt *u coi^
tmuitncc un necessary » Kor qrrat jis v»H»f ser-
vices have been, in soy Hf
army, \\\ the advant^^;. ^d
for your country, in tm jiimki ornrr vo»j navt
preserved, and in the ellic:icy you hive Itvoa
to iaw^ you will <!'-• *» -»•'* --^f t"^- rtewt, in
my opinion, frocM seeing
that a great m. imcoo*
nected with not bet
permanent « couotry,
whose first pmicipie i», utr\*er to tru&l aJ>aofasli
power in any handfi whatever. Your present
endeavours to restore tbe r. ti
purity and vigour, evidently i*
and every extraortlmary ijjsuiut v-
sary; for, when tlic pco^ile m- wi
equally represented in pariiri^ y
have annual opportunities ' ir
deputies, and through thciii .imju^ui^
every abuse of government in a safe, «M^
and legal way, there can be no loQgper my
reason for recurring to those ever dangcroia,
though sometimes necessary c xtu'dipola i;^m
armed force, which nothing t ^'ovtrik
ment can justify. Such a in i hiscii^
to your procccdingJi, when, nWtr iiavin^ m*
stored liberty, commerce, and fre«^ »ovfftK
men t lo your countr>% you shalf f
retire to the noble cLiracter of li-
«ens, peaceably t "' ' '. s^in^* you
have procured, v. vboun wilh
everlasting ^lory, uuu i^ ^>ijikM> the i^uinf
patriotic spint which animates the Iriah Y^km
tcers.
'' Before I conclude. I beg kave to eiprctt
a wish that the mutually essenli;il « iaiaectioil
between Greal^Britam and I v MX>tJi
be settled on some lihcn^! > atjnjj,
That which *^ v
and absurd }i c
kingdom CHir i _, i
fitratnt and (1> ii'-nd^ n< i- i'
Ihr
dl :
Citui:
a totoi
,:fiom, mm
rn* tjmrf b
\iiUlf »amu wit wl $*xiif^ui wiiis^^^
1057]
Jbr High Treason.
A. D. 1794.
[1058
Icnst, between the two kiugdonis, bceiiia iic-
ccssarj- to ascertain tlic many circiimstancus
that concern their joint interests ; and an
union of this sort may now be formed with
much greater propriety than licfore, as it will
be sanctified by the free consent of indepen-
dent nations.
** I do conceive that some step of this sort
is absolutely necessary, becau'>e the present
footinir of separation, ratlier tlian union, is
too unfair to be able Ions; to subsist. England,
besides ihi* iw ul of the whole debt contracted
for the u^e of both kingdoms, bears all the
burden^ of naval defenre and foreign negoci-
ations, and bv far mor(: than its proportion of
the land scrvfce in lime of war. But what is
worse, is, that there is no certainty now left,
that we shall have the same enemies, and the
same friends; different interests as they may
appear, in.iy lead one kingdom to think a war
necessary, and I he other to remain in peace :
the same king, in his diflferenl kingdoms, may
think it wi^e to follow the advice of his re-
spectiv*! parliaments: I need scarcely add,
that the unavoidable consequences of such a
diftereiif e, are a wur between the two king-
doms, rnle*^** some settlement takes place
upon these and many other important sub-
jects, I am far from* being clear that it will
le fur the advantage of liberty in either king-
dom, th:it its monarch should continue the
sovereign of a neighl}Ouring state, with which
it bas no (onntxion. I am sensible that
there are i;reat difTicullies attending the ad-
Justnunt of >uch an union, and that it re-
quirf > ^rcal wisdom and temper to form it,
especi thy on the part of Ire bind, which muht
feci th a" she ought to give the preponderance
to Great Hritain : but I am sure the business
ou'^ht not to be neglected, and that every
true friend t«j botli kmi;doms ought to give it
his mo>t 7.ealo(ia a-si«.tance.
" I bfi: p-.irdon for having gone into a sub-
ject nol immediately belonging to Uiat, upon
which you have desired my opinion, but I
thought a >o connected with it, and at the
same time su important, that I trust you will
eicu«e iu\ iKtvini: introduced it. I fear I have
been verC lon^, but it wa.s impossible for me
to coniprc'^^ >u much matter into a less com-
pass, and wlien you wished to have my opi-
nion, I tliougia' it best to give it fully, or at
least as tully a-* I cuidd in a letter. If it con-
tains one tiiougia tiiat can be useful, I shall
be happy. I h ive only to assure the com-
xnittce of the xcai I fee! for the cause the vol-
ynteer:) have liiidertaken, to the support of
which I slidli ever be ready to give every as-
sUtance in m\ power ; and that it is with
the hi^he-i r(%ptct and admiration for their
conduct th.a lhj\c the honour to be, their
most obedient, and most humble servant,
" lUCHMUND, ace.
^August loth, 1703.
«To Lieut. Col. Smarm as."
Hr. Lffn.— I have looked over the copy
VOL. XXIV.
the Sheffield witness spoke to, while the
clerk has been reading the letter, and I tiu'l
the only variations in tliis copy to be the word
nor, instead of not, and a transposition of the
word andf it is are and taking, instead o( and
are takinfi.
Mr. AVi^iHc— Gentlemen, tliis letter,
which from the importance of the subject, as
well as the dignity and good sense of the au-
thor, I chose to read first, was written in an*
.swer to the resolutions that had been passed
in Ireland, when lieutenant colonel Shannan
was in the cl.air.
This letter was written by your grace, in
consequence of the resolutions that had passed
at the meeting of delegates of forty-five
corps .^ — It was written in answer to the let-
ter that is iirinted with it.
Mr. Enkine. — ^Then I liavc a right to read
it.
Mr. Attorney General. — ^Thcrc can be no
pretence for readiifg any thing more than has
Leen read upon the {ground of any evidence
that has yet been given ; whatever respect
may be due to the opinions of his grace the
duke of Uichmoud, I have a higher dutv be-
longing to me, and certainly X should not
have pcrmitte(I the letter to have been read
if it had not been produced, according to mj
judgment, agreeably to the rules of evidcnco^
111 consequence of a witness at the bar statins
that the pamphlet, in his band, contained
the scheme or reform, that be, the witness,
proceeded upon : — ^after he had stated that,
as a tact, he had made the paper part of liis
evidence, and I conceive that paper would
then have been evidence, whether bis grace
the duke of Richmond had been called to
state that fact wiiich his grace, ai:cording to
his character, I presume, would state every
where, indeed which the world knows, that
he was the author of it ; but I siibiiiit to your
lordships that it is going a great deal farther,
to endeavour to connect a letter, written by
colonel Sharman to the duke of Richmond,
with the duke of Richmond's letter, in order
to make that evidence between the king and
the pri:4nner ; no witness having stated^ an
yet, that they had ever seen any letter Irom
colonel Shamian to the duke ot Richmond;
or that they had [»r4Keeded upon such paper,
or had directed their mind*, or conduct^ in
anv respect wluitcvcr by it.
Mr. Ariitinc— Was not this letter, that bas
been read, published at the time; and was it
published separately, or as an answer to that
preceduig it in this book ?— Publishe^l at the
time as it is there.
With that to which it is an answer ?— Yes.
Mr. Attorney Cirw^ra/.— Still I object \j
colonel Sliarman's letter being received m
evidence.
Mr. Er,kine,^l shaM "J* «»^ U -
though I am nol unpj^*;*" *?jf^^^^^^ " ^
mylLned fnend^S^^^^^^^^ ; ^^
arrive; in the rocanwt »
« .-. •« Tea,*A ^^^ cxVr-:*. '- •
give mc \cavc to i^:**
3 Y
r039] 35 G£ORG£ III.
Joarnals of the proceecliDg9 of the Ilouse of
Lords.
(A clerk of the House of Lords produced a
ume of the Journals of the Lords.]
Mr. Ertkine, — ^Tb this the Journal of the
Lonls House of Parliament of the year 1780 ?
-It is.
Mr. Ertkine to the Duke of Richmond. —
Will your grace have the soodness to cast
your eye upon this Journal, of the 8th of Fe-
bruary, 1780 ? There is an entry that the
Lords should be summoned to attend the
House, for considering a motion for appoint-
ing a committee, and aflerwiurds there follows
a protest, signed by your grace, and a great
number of very illustrious peers of this coun-
try, among the rest I see the name of earl
Camden. — Will your grace have the goodbess
to tell me if that is your signature to the pro-
test F—It is.
Mr. Attorney GeneraL-^VfluX is the evi-
dence you propose to adduce ?
Mr. Ertkine,— I will state the nature of
this evidence which I ofier ; I will also state
upon what principle I conceive it to be evi-
dence, unless the attorney-general shall think
it a more regular way for me to content my-
self with stating the nature of it, leaving to
him, in the first instance, to frame his ob-
jection, and for me to answer it. — ^This was a
motion, which came on in the House of Lords,
recorded in the Journals of parliament; there
were petitions from a great number of asso-
ciated bodies of men in this country, which
associations were calling emphatically and
loudly upon the Ilouse of Commons to attend
to its trust, for the House of Commons is, it-
self, a delegated body, representing the peo-
ple ; calling upon the House of Commons to
attend to its trust in consequence of that
wasteful horrible expenditure which took
place in the American war.-
Mr. Bower. — You are stating certain facts
which do not appear upon the evidence you
offer.
Mr. Rrskinc. ^They do expressly.
Mr. Boner. --You state that, in fact, to be
a proccedini» in parliament upon certain pe-
titions, which I say is not opening the evi-
dence, unless you find it there.
Mr. Erskine. — 1 do state that, and I mean
to read it.
Lord Chief Justice Et/re. — I take it you
are now going to open a motion in the House
of Lords, which is upon the Journals.
Mr. Erskhie. — Just so.
Lord Chief Justice Fj/rc. — You may open
the substance ot" that motion ; and if you go
beyond that, then their objection lies, that
you have stated something which is not in
Vhe evidence.
Mr. Erskine. — I am ranch interested in
avoiding objections, because I am hardly able
to go through the common examination with-
out that. The noble lords in the protest,
state their reasons for that protest; and
Trial of Thomas Hardy
[WEO
without reading tlui , which I have do fight
to do, till ;y'our lordships shall be pleased to
receive it m evidence, i shall be in order, if I
only state what I take to be the general sub-
stance of it; and if I, in stating that, should
step bevond what the ps^r itself should af-
tierwards show when admitted, then I am per-
suaded I shall have eiven very just ofieoce to
the Court. The nonle lords, among whom
are his grace the duke of Richmond the wit-
ness, lord Camden, and others, whose names
arc not material, upon the r^oction of thb
motion, protest, because they conceive it to
be the duty of the House to listen to the will
of the people; — this is evidenoe to prov^
that when these very numerous associatea
bodies presented their petitions, in conse-
quence of having had committees to co-ope-
rate with one another, that the House consi-
dered that, although it might be naturd
enough to reject the petitions of private meiu
vet when the people were in lar^ associated
bodies, co-operatmg with one another, in
order to speak what was the will of a voy
considerable portion of the people (more es-
pecially if it should at last come to be the
majority of the public) that it is a principle
never to be invaded, nor argued away, tbst
the will of the people
Mr. Attorney General, — I do not know
what it is Mr. Erskine is now alluding to;
but if he will state to me that it is a proceed^
ing of the House of Lords of this kmgdom,
which he conceives can be of use to a subject
of this kingdom, standing at that ^, let it
be what it will, if it be a proceeding of the
Ilouse of Lords, I will not object to it.
Mr. Erskine. — I am much obliged to you,
I was sure that would come from you ; I as-
sure Your lordship, that Mr. Gibbs and I have
read it, and we do think it is material evi-
dence.
[It was read.]
" Die Marlis, 8* Februarii, 1780.
" The order of the day being read. That
all the Lords be summoned to attend the
Ilouse this day, to consider of a motion for
appointing a committee consisting of mem-
bers of both Houses, possessing neither enh
ploymcnt nor pension, to examine withool
delay into the public expenditure, and the
mode of accountmg for the same, more parti-
cularly into the manner of making all coo-
tracts; and at the same time to take into
consideration what savings can lie made con-
sistent with public dignity, justice, and grati-
tude, by an abolilion of old or new created
ofiices, or reversion of offices, the duties
of which have either ceased, or shall on
inquiry pmve inadequate to the fees or
other " emoluments arising therefrom, or
bv the reduction of such salaries, or other
allowances and profits, as may appear to be
unreasonable ; that the same may be appfied
to lessen the present ruinous espenaitinc^
1061]
for High Treafon.
A. D. 1794.
[IOCS
and to enable us to carry on Uie present war
li^ainsl the liouse of Bourbon, with that decU
sion and vigour which can alone result from
national zeal, coniidcnce, and unanimity.
'^ It was moved, That a coinuiittee be ap-
pointed, consisting of members of both Houses
possessing neither employment nor pension, to
examine without delay into the public expendi-
ture, and the mode ut accounting for the same,
more particularly into the manner of making
'oll contracts ; and, at the same time, to take
into consideration what saving can be made,
consistent with public dignity, justice, and gra-
titude, by an abolition of old and new created
offices, the duties of which have either ceased
or sliall on inquiry prove inadequate to the
fees or other emoluments arising therefrom,
or by the reduction of such salaries or other
allowances and profits as may appear to be
unreasonable : that the same may oe applied
to lessen the present ruinous expenaiture,
and to enable us to provide in the manner
the least burthensome for the indispensable
exigencies of the state.
<* Which beiujg objected to, after long de-
bate,* the followmg amendment was proposed
to be made to the said motion, viz. leave out
the words members of both HoiiM«,and instead
thereof insert Lords.
<< The same was agreed to and ordered ac-
cordingly.
" Then the question was put, whether to
agree to the said motion thus amended ?
" It was resolved in the negative.
"Contents 50
" Proxies 5
Total 55
** Non-contents 81
"Proxies 20
Total 101
" Dissentient,— First, because however the
waste of public money, and the profusion of
useless salaries, may have been heretofore
overlooked in the days of wealth and pros-
perity, the necessities of the present time can
no longer endure the same system of corrup-
tion awl prodigality.
** The scarcity of money, the diminished
value of land, tlic sinkino; of rents, with the
decline of trade, are mclancholv proofs that
we are almu«t arrived at the end of taxation ;
aod yet the demands are annually increased,
while the ho|«b of peace are ever^-year put to
a greater dirtance.
** For let any man consider the immense
debt, increasing U vend the possibility of pay-
ment, with the prcftnt accumulation of taxes
upon every articie, not only of luxury, but of
ceoveniexice, and even of necessary use ; and
lei htm carr}- hi^ thoughts forward to those
* See the Debates in the New Parliamen-
UTT History, Vol. 80, pp. 1318, et kc.
additional duties which must immcdisitely be
imposed, to make good the intcrc>>t of the ap-
proaching loan, and of that debt which will
still remain unfunded, ho will find that, at
least one million and an half of inlrrcst nuibt
be provided for, besides what may be farther
necessary, to make good the deficiencies of the
late taxes.
" Under these circumstances, the savings
of a strict and vigilant economy in every
branch, and the application of overgrown
salaries, unmerited pensions, and useless
places to the public service, are almost the
only resources left in the exhausted state of
our finances. But besides this stroncargument
of necessity that presses upon the present
moment, such and so great are the abuses in
the management and expenditure of the pub-
lic monev, as would call for the strictest in-
c^uiry and animadversion even in the best of
times. The practice of expending immense
sums without consent of parliament imder the
fallacious head of contingencies and extraor-
dinaries, the greater part of which might
easily be comprised in an estimate, but because
some unforeseen articles are not capable of
such precision the m'mister has, under tliat
colour, found out a method of expending tlie
public money first, ad libUum, and wlicn it
has been so expended, has found means to
induce parliament to think itself bound in
honour to ratify and make it good, deserves
the highest censure; and no minister wlio
shall dare to stake the public credit for mo-
ney that has not been voted, ought to be jus-
tified bya less authoritv than an act ofindcm«
nity. The millions which remain in conie-
auence unexplained and uiiaccotuitcd for —
:ie shameful facility of admitting almo<;t
every claim —the improvident bargains made
for the public service— the criminal neglect,
and even contempt of the few checks estab-
lished in the Board of Treasury, besides great
part of the money being shared in its passaze
among a tribe of collectors, clerks, ageiits^b-
l>ers, or contractors, or paid away by orocial
extortion, or stopt in its course to breed in-
terest fur some engrossing individuals are
grievances which the present motion has in
view to remedy.
" Secondly, but great and important as the
motion is in this view of it, it is still more
important in another, as it tends to narrow the
wide-spreading influence of the ( 'rown, tlott
has found its way into every corner of the
kingdom.
•* It is sufficient to allude to this grievance
without any farther enUr^ement; but this
argument, thouzh, perhaps, the stron^'.sT in
favour of the motion, has been turucd tnto
an objection to it, as if it meant toabridze tlie
rights of monarch \ , and make the Crown 'de-
pendent upon tneYarliament,
*' If the objection means to insinuate, that
corruptiun is necessary lo g'jv«\\\wA^?-% '«*■-
shall leave thaV ^niicivVt \o ui^VviNft WjX^ V$
its own tp^aitiAuttic^x^ •
1063] 56 GEORGE 10-
** Thai this motion is intpnd^ to diminish
theconsliUitional power of the Crown,wcdeny;
the conslituliond power of the Cffiwn wc arc
no less solicitous to preserve than wc are to
annihilate 1 ts uti cons ti I u lion u I mBuenr e. Th e
prerogative, righlly uudcrslood, nal touched^
or intended to he touthed by thb motion,
wt!i support Uie Cruwti in all the splendour
which the King's personal drgtiily require?*,
and with all theiulhorityand vigonr necessary
to give due effect to the executive powers of
governments
*• It li!45 been argued^ that Ihi;^ is not a pro-
per time for reformatiun, when all the aiteO'
tion of the kingdum should be employed upon
the war, as the great and only object in the
present lime of tDsireM; to which we beg
leave to insist, that the present h, for that
veij reason, tlie properest time, because no-
thin|^is su essential lo the conduct and pro-
secution of the war as the frugal mana^-
m^t of thiit supply, by which only it can l>e
carried on with any prospect of success ; nor
oug)it the phiti of economy to be any longer
delayed at the ri^k of a general bankruptcy ;
andj from the liistory of this as well as other
conn tries, limes of necessily have been always
titnea of rt^form.
** Thirdly, because we conceive that the mode
ofacommiUce, which might be to act whh a
committee of the other House, and might, if
necessary, he rendered durahle, nnd vested
with due powers by an act of the whole legis-
lature might bring back the puldie expendi-
ture to its c*>nstilutiunal principle; might de-
vise proper refjnlatious fur openln| contracts
to the proposals of ei^ery fair bidder, for re-
i^rniing the alnjves of otBce and the enormity
oTfc^s, with a variety of other abuses, parti-
cularly tlut of larije sums of money lyinc in
the hands of rndividualsj to the loss of the
Trial cf Thomas Hard^
[1064
respeclhiHyof the othej-. To them il wiUieeDS
a matter of Tfidififercnce whether the wxAkm
is defeated by the exertion of that tnflaeDcc
to excite a g roll nd less c latin in the one bcwoe,
or by a groundless anprehf^iision of siith i
ciaiitt in the other. Btit we, who would be
undersloo<l to think with more respect ofbutL
cannot entertain an apprehension so injunot^
to the Hou^e of Cotamons, as that they wodd,
at this time ei^pecialjy, and on this occaskc.
have advanced such a ciaim.
** The motion has likewise been obiectdla
on account of its disqualifying perMitif pw-
^e^<ing employmenls or peosioa,% to l« oi
the proposed committee. Wc are hi frmi
ijup[rasinj^, that the poi^sessioii of ulsc« c?
pension, necessarily corrupts the mtegnu
of the po!isc5sor. We have seen, axtd Ik
public have seen, many iliystrious mstaDC£i
lo the conlfitry ; yet we caonoi but a^
pose that the jiuhlic expectation of id-
vantage from this measure would bstve bees
less sanguine J if they had seen penee^
possessing offices selected to distinguish bo^
far their offices were useful, or their salarb
adet|uale. They, perhapfi, would not tW
the possessor of a pension, or office, the fit'isJ
jud^ how far that pension or office bari *^
merited, or was necessary. We cannoi i.
fure think the motion justly eicccptin.T/
on this ground ; it rather appears to ■
have been drawn ^vith a proper aitcotj;.;:
noble lords in that prCilicament, esen.^ ::
them from a situation which they musi &t«^
sarilj wisli lo decline.
■* We conceive ourselves warranted, in thf
mode poposed, by precedent as well as rf >
and it was .staled to the House to have Ut i
recommended bj the most approved con*tmi*
lional autliors, who have written sine* tin
revnhjiioii; but having offered lo meet ^j
1065]
Jirr High Trtason.
A. D. 1794.
[1066
what farther is to be done, if these petitions
are rejected, the best answer is, that the case
cannot be supposed ; for although, upon a few
separate petitions, it may be faiHv said, that
the other House ought not to be decided by a
part only of their constituents, yet it cannot be
presumed they will act in defiance of the
united wishes of the whole people, or indeed
of any CTeat and notorious majority. It is
admitted that they have a power to vote as
they think fit; but it is not possible to con-
ceive that so wise an assembler will ever be
rash enough to reject such petitions, and by
that means cause this dangerous question to
be broached and agitated, wliether they have
not broke their trust ?
"The voice of the people will certainly be
complied with. Ministers may, as they seem
to have done in a recent instance, deprive any
man of what he holds at their pleasure, for
presuming; to exercise his undouoted right of
thinking for himself, on these or other public
subjects ; but it will not be wise in them to
treat these associations with contempt, or call
them by the invidious name of faction ; a
name by which the minority, in both Houses
of Parliament, have been so frequently and so
falsely calumniated, because the name, so ap-
plied, will recoil buck upon themselves, when
acting against the general sense of the nar
tion. Nor will they be able to represent
these numbers, so respectable in rank and
Sropcrty, as they did but too successfully the
iscon tented Americans, as a mob of indigent
and seditious incendiaries, because the people
to whom this is addressed, are the very people
that are abused, and every man bears witnin
himself the testimony of its falsehood.
The ministers, on tliis particular occasion,
cannot deceive the people.
'* Fortescue, Harcourt, De Fcrrars, Beaulieu,
Camden, Coventry, Richmond, Manches-
ter, Derby, Effingham, Grafton, Port-
land, Ferrers, ChoTniondely, King, Aber-
gavenny, J. Peterborough,* Abingdon,
Pembroke and Montgomery, Fitzwilliam,
Rutland, Nug. Temple, Bolton, Courte-
nay, Staniford,Tankerville, J. St. Asaph,f
Wycombe, Craven, llockingliam, Scar-
borough, Jersey, Dcvonsliire. — Dissen-
tient witliout reasons, Radnor. — For all
the above reasons except the fourth^
, Osborne."
Mr. Daniel Stuart, called in again.
Mr Erskinc — I call back this gentleman
only for the purpose* of asking him one ques-
tion, which I could nut witii propriety ask
him before ; — you stated, in your former ex-
mmination, your personal acquaintance with
the prisoner at the bar, and your transactions
with him before ; did you ever hear him stato
vhat his plan of reform was ? — Yes, I have;
he always stated it to be the duke of Rich-
*UiDchchffe. f Shipley.
mond's plan, universal sufirage and annual
parliaments.
Was that said to you publicly, or in the pri-
vacy of confidence? — It was ssud publicly;
and he sold me some copies of the duke of
Richmond's letter.
Mr. Attorn^ General, — I really must object
to this sort of^xamination.
Mr. Ertkine, — ^Then I will now defend this
question ; I am persuaded your lordships will
not refuse to the unfortunate man at the bar,
that evidence which has been received for
every prisoner under similar circumstances,
from the earliest times of our history to the
present moment. I am sorry to consume the
time of the court, but if I am called upon I
will repeat to your lordships, verbatim^ from
the State Trials, various questions upon similar
occasions, put by different prisoners by con-
sent of all the judges, all tne attorney-gene-
rals, andsolicitor-generals,and counsel for the
Crown. I only wish to know wbetlier the
question is objected to or not.
Mr, Attorney General, — It is.
Mr. Ertkine. —I will proceed, and I have
much more pleasure in doing it from the
manner in which the attorney-general con-
ducted himself recently, because the moment
that it was stated as a proceeding which, we
thought, might be serviceable to the prisoner,
and consistent with the rules of evidence, he
instantly acceded to its production — therefore,
independent of satisfying your lordships, if I
can satisfy my learned friend that we are in
the regular course, 1 am persuaded he would
be sorry, himself, that this prisoner should be
deprivea of the advantage which all others
have ei\joyed.
I believe the reason why a matter of this
sort falls into debate, is the very singular ano-
maly of the case before your lordships, and I
am the more inclined to think that I shall
succeed in the little that I have to offer to you
from what fell from the learned judges of the
court of KingVbench (two of whom arc now
present) when it was discussed how &ra
paper that had been published in the year
17 BO, which was supposed to have been writ-
ten by some persons of rank, should have been
received in evidence by Mr. Justice Wilson,
who tried an individual in the year I7().*i, for a
libel. — ^The Court suDpurted the rejection of
it. — ^1 he learned juuge rejected it upon this
princiiile : — That the (iefendant in that case
was cnargcd with an act, wiiich act was the
fKiblication of a libel; and that, although the
ate act of parliament * directs, in fact, that
the trial upon a libel, like the trial upun any
other case, proceeds by the judgf!*s giving his
opinion to the jury in matter of law, stul it
does not rcqiiLrc that there should be any evi«
dence upon tlie subject showing the intention
of the prisoner.
Mr. J ustice Buller, — What proieculioB do
you allude to you?
1067] So GEORGE III.
Mr. iV^Ame.— ThecaseofDamd IIoll*;
aud \i\y\ju chU ^rvund, they «ay, you mav re-
but evidence which fastens abv thing that is
wct^n^ upon yuu« undoubtedly, but because a
person lia> pubUshed a libef, supposing it to
be one. iu the year 1780, that will be no an-
s^wcr to yuur publishing a libel in the year
179;5. U"iudy be matter extremely material
in mitizatiuu* of fninishment, but. said the
Court, it is not strictly evidence, because it
^loes uot ^o to ne^tive the gist of the indict-
ment : for supposing it to have been received
by the judge, he could not have told the jury,
it' he thought, in point of law, the publica-
tion wds a libel, that the publicaUon of the
same libel by any other person, however re-
spectable, at any other time, was a shield
against the criminal laws attaching upon the
defendant in that case; and upon tliat ground
I do know that that most intelligent judge,
whose loss we all in common deplore, decided
it ; and, as the court of King's-bench deter-
mined, rightly decided it.
Unless I deceive myself greatly, and unless
I have lost the faculty of seeing whether I am
assented to, when laying down any proposi-
tion (which when man speaks to nian is in
fjneral not verj* difficult to see) I rather think
am in possession of the opinion of the court
in the striking difference between the case
now in agitation, and a case where a man is
charged with a fact, which fact, if it be done,
the criminal intention, which arises from the
commission of the criminal act, carries with it
a certain legal inference, which legal infer-
ence, being^oncc established, it does not be-
come a matter of fact fur the prisoner to en-
deavour to rebut.
But leaving out of the question all conside-
ration of that act of parliament, I stand upon
the authority of lord Mansfield, in the case
of the king against Woodfiill f the printer, re-
ported in sir James Burrow's fifth volume:
That wherever the fact does constitute the
crime, but that the fact is cither in itself
wholly indifferent, or if it is notindifterentbut
criminal ; if it be criminal, short of the charge
that is made upon the party, that there the
intention is not matter of law, but that it is
matter of fact, and that the party has a ri^ht
to prove his intention in every way, by which
the intention of a man can be safely, or rea-
sonably collected. — ^To apply that doctrine in
the case I have mentioneo, which I am per-
suaded is tamiliar to all your lordships, in
which a very elaborate judgment was deli-
vered by lord Mansfield, where his lordship
said, the defendant, Woodfall, was found by
the jury guilty of having published the libel ;
and though the defendant called no witnesses
to rebut the criminal inference; vet, says
lord Mansfield, if it be upon the Hbel, he may
arrest the judgment upon the record, for the
tact of publication is the crime that is imputed
• See it, antc^ Vol. ««, p. 1189.
t See it in Ibu Collection Vol. iO, p. 895.
Trial of Thomas Hardy
[I0G8
to him; and if, when it comes before the
Court, that publication tumsout to be no libcly
the defendant can have no judgment pro*
nounced upon him.
Now, what is the present case ? — 'The pri-
soner is charged with the overt acts, whicn I
need not repeat, because we are so well ac-
quainted with the nature of them; but he is
not charged with the commisaon of those
acts, as substantive acts, but he is charged
with having in his mind the wicked and de-
testable purpose of aiming at the destruction
of the king, to put down and bring the king
to death, and tnat in the fulfilment of that
most detestable imagination, he did the speci-
fic acts chained upon the record ; — that is to
say, that he agreed to assemble a convention
to be held which ^'as not held — that he con-
spired to hold it, for the purpose of subver-
ting the rule und authority of the country-,
ana not that alone^ but that he consented to
hold such convention, which convention, in
his mind, was to accomplish the purpose of
the subversion of the government, and that he
did agree to assemble that convention for the
purpose of that subversion in fulfilment, not
that the other is the consequence of it, but in
fulfilment of the detestable purpose of com-
passing the king's death.
Here then the intention of the mind is the
question which the jury have to try ; and I
tnink I may appeal to what passed in the
Court on Saturday, that I did not seek to lay
down other ndcs of evidence than those tliat
have been mostrecenllv stated, and those that
have been determined in ancient times. —
Then, that bcin^; the case, let us see whether
the declarations of a prisoner, cluirged with
an evil and wicked intention — clt.-cl;! rat ions at
the time, or about the time — nay, I will gj
farther, since I am put to it generally, 1 yd\ I
will prove (which is not this case by- the- by,
for my case does not reijuire it) that if I, who
am now speaking to your lord>hips, was
charged with the detestable purpose of com-
passing the king's death, 1 should he intitlrJ
to call any man in Court — not to my tlia-
racter— but I should be intitlcd to calf every
man in Court who knows niv sentiments
(which are well known upon Ihe^e subject-)
what I have repeatedly declared with regard
to the monarchy of this country, and its utility
to the svstem of our government; but though
I should establish it clearlv in twenty in>taii-
ces, or till vour lordships desire me to iio no
farther, still it w ould not be so evident a'> il is
in this case, that the intention of these per-
sons, and the object which they h.id iu view
was, to follow the plan of the duke of Rich-
mond.
The first case I will cite is the most modern,
but not the least important, the ca>c of lord
George Gordon,* and 1 sa^' it is the most iin*
portanl, because there he is not charged with
compassing the death of the king, but he is
• Sec it, aii/a, Vol, 2J, p. 485,
1069]
for High Tretuen*
A. D. 1794.
[1070
cliargcd witli an acf , with levying war ; but I
still it was necessary in the investigation of
that question, since it is not that open rebelli-
ous war which every man must give the same
name to, which nobody could explain away
by evidence, but it being an ambiguous thing,
a sort of constructive levying of war, the in-
tention of his mind becomes the subject of
consideration. I will read to your lordships
the very words and syllables stated by lord
Mansfield upon that occasion. — ^The question
he puts to the jury is this : —
^ First, whether this multitude did assem-
ble and commit acts of violence, with intent
to terrify and compel the legislature to repeal
the act called sir George Savile's? if upon
this point your opinion should be in the ne-
^tivc, that makes an end of the whole, and
ttie prisoner ought to be acquitted: but if
your opinion should be, that the intent of this
multitude, and the violence they committed,
was to force a repeal, there arises a second
point, whether the prisoner at the bar incited,
encouraged, promoted, or assisted ,in rais-
ing this insurrection, and the terror they
carried with them, with the intent of forcing
a repeal of this law ; — If upon this point your
opinion (s[>eaking to the jury), should lie in
the negative, that makes an end of the whole,
and the prisoner must be acquitted: but if
you think it was the intention of the multi-
tude, and the violence they committed was to
force a repeal, the second question arises whe-
ther the prisoner incited, promoted, or as-
sisted in raising this insurrection, with the
intent,— not with the incitement to make a
riot, and break my windows, or pull down any
man's house, which might have been felony
under the riot act, if not dispersed, or might
have been a misdemeanor according to the
nature of the violence committed. — but whe-
ther, to give it the substance of the ca§|p, it
was done with the intent of forcing a repeal
of this law ? upon these points, to which you,
gentlemen, will call your attention, depends
the fate of this trial."
Then the first is a preliminaiy one, without
which, says my lord Mansfield, my lord
George Gordon must be acauitted ; but if you
are of opinion that the multitude did commit
the violence, which no man is disposed much
to forget, — whether lord George Gordon in-
cited them to it ? No — but whether he incited
them with that mind which constituted the
crime ?
Now I will read all the questions that he
permitted to be asked upon that trial.— The
trial was conducted by men of the most ac-
knowledged learning, ono, indeed, whose
learning, acutencss, und knowledge of the
common law of England is almost proverbial,
the late Mr. Wallace : the other gentleman,
Mr. Mansfield, had long practised in the
courts of common law, and tliey were by no
means disposed to give up any thinjg; they
would have been disgraced if they haoT There
18 an opposite duty in every trbl; there is a
duty in those concerned for the crown^ to sup-
I port the proper evidence for the crown ; and :»
I similar duty also upon the counsel for the
prisoner, and he is as much criminal who re-
laxes the one as he who relaxes the other,
though when it is in favour of a criminal it
would not strike the mind so much ; — but I
think that a crown lawyer has a right to in-
sist upon every fair evidence coming before a
jury, and to exclude every thing which may
improperly operate.
The counsel for lord Georsc Gordon were
the present lord Kenvon, loru chief justice of
the KingVbench, and myself, who have now
the honour to speak to the Court ; and I was
Permitted to ask the reverend Erasmus Mid-
leton* (the first witness, and therefore his
examination fell tome as junior in the cause),
these questions ; — I should tell vour loro-
ships, to make it more intelligible, that the
creat object was, to see what intention lord
George Gordon had, which could be collected
only from what passed before ;— " Did you,
at any of these numerous meetings of this
Protestant Association, which you attended
from the time brd George Gordon became
president of that society,'' (which was twir
years before) « till the S9Ui of Blay; did you
ever hear lord George Gordon, in his public
speeches in that association, oudEe use of any
expressions^ which showed any disloyal, or
onconstitutional intentions in him f^— *< Not
in the least ; the very reverse in my opinion,'^
— ^Now compare this with the question I am
going to ask; a cunning artful man might
stana up in a Protestant Association, and
hold forth great professions when he meant
the contrary ; but no man who reposes confi-
dence in the bosom of a friend, building him-
self upon the honour and honesty of bislriend,
when he tells him what his object is, will de-
ceive him. Good God ! if I were to ask
people, did not Mr. Hardy, in the Correspon-
ding Society, sa^ that the duke of Richmond's
plan was his object ? he might say it there
for the purpose of its aflerwaras being given in
evidence tnat he had publicly avowed that ; if
that may be asked, now is it possible to op-
pose the other?— The examination goes on,
" Did all his speeches, delivered as president,
meet with your approbation; and aid it ap-
pear to vou that his views were the same as
those of the whole associated body r— " Quite
so."— *< Did you ever hear lord George Gordon
make use of any exoressions as if he meant to
repeal this bill by force of arms?"--*' Not in
the least."—" Were the meetings open?** and
so on.f
Lord Kenyon then examined the present
earl of Mansfield, at that time viscount Stor-
mont, of every thing said by lord George
Gordon, at St. Jameses, when he came to ask
an audience of the king, and tendered hisser-
* See Mr. Middlcton's examination, anU^
Vol.21, p. 562.
I
1071] 35 GEORGE III.
Trial (f Thomoi Hardif
[1072
vices to suppress the riots.— If e called after-
wards sir Philip Jennings ('Icrkc, lord Lons-
dale, and many other witnesses, to conversa-
tions with lord George Gordon both before
and aAer, and to every part of his conduct and
deportment upon that occasion.-— It certainly
was not debated, I think it the stronger for
that, because when a cause of that immense
magnitude is tried, where the whole capital
was threatened with ruin, and when, as it has
been said by the eloquent person we have
heard of so much in the course of this trial
—that this town, and the whole country
were in the utmost peril,! cannot suppose that
those who represented government, were dis-
posed to treat lord George Gordon with more
lenity than the rules of law entitled him to ;
yet neither Mr. Mansfield, nor Mr. Wallace,
the attorney and solicitor-general, objected to
that evidence ; — I say nothing of myself, I
was then a very young man in the profession,
but the present chief justice of England, who
conducted that cause on the part of lord
George Gordon was, and is, as we all know, a
man of great learning, he put those questions
without the smallest objection falling from
lord Mansfield, or Mr. Justice Bullcr who now
hears me, or any other person.
The next case I shall state is that of my
lord Russell,* who was indicted }br compass-
ing the king's death, and the overt act was
consulting to raise rebellion, and to seize the
khig's guards. In his defence he called many
persons of quality to speak to his affection to-
wards the government, and his detestation of
risings against it ; I will pause here a minute,
— why a man might have a great deal of af-
fection to the government in the year 1780,
and might change upon the subject, but yet
the criminal law of England looks out indus-
triously to see how it can interpose in favour
of liberty and life, not trying how it can shut
out the light, but how it can let it shine
in ; even that question, which I do not
think one of the strictest, was suffered to be
let in, because Dr. Burnet had had a long ac-
quaintance with lord Russell, and lord Russell
might not have conceived the purposes of re-
bellion till a short time before ; but I shall
ask, as to the lime when they say this man's
mind was full of this conspiracy, so horrible
in its nature^ what were the sentiments which
he was pouring into the bosom of his friend,
as the ooject of all these societies.
" Doctor Burnet," (says lord Russell) " if
you please to give some account of my con-
versation ?" Doctor Burnet says, " I have had
the honor to be known to my "lord Russell se-
veral years, and he hath declared himself with
much confidence to me, and he always, upon
all occasions, expressed himself against all
risings." Now this ia not character, to say
that lord Russell was a quiet, peaceable man ;
no, this is evidence of conversation, my lord
Russell declared so ; therefore it is not that
vou are to raise a probability upon the subject
by the general nature of a man's character, or
what you think of him ; but it shall be allow-
ed to witnesses to say what the person ti^ng
has es^pressed, because it raises an intrinsic
improbability of his being guilty of the crime
imputejl to him ; doctor Burnet says, ** be
always expressed himself against all risings;
and when he spoke of some people that would
provoke to it, he expressed himself so deter-
mined against that matter, I think no man
could do more."* — Does his saying this, ac-
quit lord Russell of this rising; you heard him
say he was against all such risings" as are now
the subject of in(]uiry before you?*' — " I heard
him speak with indignation upon the subject^
— From'' thence the jury might infer vaUat
quantum valere potest — I do not say it b to
conclude any thing ; I do not say that that
sort of evidence is at once to put an end to
any cause, no man can be so foolish as to
fancy that, but as far as it goes what is to be-
come of it after that evidence is heard, it is
not for me but for your lordship and the jury
to decide ; the jury ultimately, but we shall all
be happy to hear your lordship's observation
upon It ; but the question is when it shall be
heard, what impression it will make upon
both.
Doctor Cox was then asked the same Ques-
tions by lord Russell, and he says, " I nave
heard him nrofess, solemnly, he thought it
would ruin tne best cause in the world to take
any of these irregular ways for the preserving
of It." f — Your lordships will give me leave to
pause again here. — ^I'his is not even a declara-
tion of lord Russell, indicative of his gcncrdl
ideas, but upon the very point of trial; that
he, doctor Cox, had heard the prisoner ex-
press his indignation and contempt for pro-
ceedings like those imputed to him.— As I^o
along, let me bring back to your lordships
consideration what it is I want to ask, and I
have a much more recent authority, the au-
thority of one of your lordships, since the
cause began ; — What, shall a nun not be al-
lowed to explain his own meaning? If a wit-
ness had said, the defendant held a conversa-
tion for the purpose of overturning the go-
vernment, still I should have thought I had a
right to examine the evidence, where a man's
expression goes directly in the teeth of what
he has written ; but where, as your lordship
has expressed upon another occasion, where
upon the surface a thing appears to be legal,
that the crime consists in the veil and covering
of a wicked and detestable purpose, that it is a
matter of fact merely — a matter of the most
serious investigation, that your lordship will
take it as a matter that no man, in common
life, between man and man, would throw upon
his neighbour, but upon the most clear and
satisfactory proof; it is upon this ground tbai
* Seethe case of lord Russell, ant^, VoV 9,
p. 577.
V
1075]
fir High Treanon.
A. a 1794-
[1074
we bave a right to mse up in the minds of
ihc Court an intrinsic evidcncef to opemte sls
character docs, tor how is it that character is
admitted against a t'act^^I have heard a
judge sa^ here, if a fact is proved h^ ten wit-
nesses distinctly, it b not possible to suppo<*c
that ten witnesses are perjured, who swear
that I have stole a horse ; my character might
enate compassion with a jury, but could not
do more^ because there is much more proba-
bility that a man who has hitherto mainttined
a good character should steal a huri«, than
that ten men should combine to de^truy
an innocent man when there is no reason to
impute the crime to them; but when it re-
mains matter of doubt^ whenever the question
la. What you have done ? and ttie consequent
question b the quality of the act, and when
your Jordahips are to ffx the qviality upon it,
aud to consider, not whether it be the act, but
whether it be the intention— suppose the jury
ebould find that he had summoned a conven-
tion to do thut which I know he did not, yet
they must farther find that he did it in the
language of the recAird, in t):ie farther fut&l-
meut of his detestable pitrnose,
Mr. Luton Gore, and doctor FitxwiUiams
were ei^amined lo the ►^ame point;* this trial
was before lord chief jiisticc Peinbcrton ; air
Bobert Sawyer, wl;o6e name I have had occa-
aion to menti^^m (who was nut a gentleman
fond of making very great conces^iunss^ I do
liot mean to say he ought, he was a most
rigid roan), was attorney-geneml, the cele-
Matad Mr. Finch was solicitor- general, and
utKni that trial your lordship sees all tluBse
4)itestions are put without any objection.
The n«Kl case is that of Thomas HofcweUf
who was a dissenting minit-tcr; he was in-
dicted for preaching a treasonable sermon ;
i»esid«s giving evidence directly denying
the charge, he called several of hts con-
agation to prove that he generally kept
I 30th of .lanuary as a fust, and frequently
died in favour of kingly govern iiienl*
' only consiider tlie difference of tbetie two
I ; there the preaching the sermon was
proved-— 1 have looked at the trial, because I
law this nuestion brewing some days since,
and therefore prepared myself for it"*Ilosc-
well was charged with the publication of a
libel in preaching this sermon ;— ef a libel^
for we all know that words cannot amount to
III' I. but thry may be so indecent as
%^ IS and lUJtty he of a treasonable
Aurr, .r . .mJiul:, rii Uu- -uI'Iitt Then what
Uhf . vi.J. ii: •: ALSiiii ,'. iih ilrirfidant? It
tliul A. Ij. C. U. iieiird Isim say the
^wofdai wliat is his answer to that ? not ut alt
what mine is» he wanted to raivc up before
tlM court and^ury, a probability ihut the wtt-
"liw^f© either perjured or mistaken^ be-
r of the improttabiUty that a man, who
ke|»t regularly the fust ol the dOth ot January,
^ See it awl^, Vol. m, p, ur,
f S€cVoL9,p,§U.
and who preached regularly in favour of the
Icitigly government, should upon any one \
given occasion, such as imputed, bave con*
tradictcd the general habits of ins life, anctj
libelled that government which he was accui
tomed to support ; — but that is not my viei
in calliog Mr. Stuart, fur my learned frienda]
have fixed no such object upon my client ;]
he has railed a convention they say, and the
say farther that he did it for a purpose, whic
I deny, and in fulfilment of another puruos
which I deny. — Am I not from these author)
ties to be allowed to produce the same sort of
evidence in support of this poor shoe -makers
which the greate^st men of iIjc country havaJ
ever had an opportunity of doing without th^J
smallest doubt ? Mr. llosewell &ay$, ** Did^
you ever hear that I should say any thing dl
of the king or jroverument?" Mr. Stron*,
'* No never.*'* iMr. Rosewell asks Atkinson,
another witness, " That which I call you now
for, sir, h to testify what you heard upon thai
3Qth of January ffoin me, about praying forj
the king and all that are in authority V Al-
j kinson, ** my lord, he kept that day, the 301h|
I of January, as a day of fasting and prayer, an '
he preached from that text on the 1st TimotliYj
I a, 1. " Pray for kings and all in auihorily/*|
j That was not the sermon for which he wai|
indicted ; but in order to show that it wa
not probable he should have preached such i
' sermon as he was charged with, he showal
that at a recent lime he nad preached diffe-1
rently ;— and certainly it is fair evidence ; aJ
man is not a republican on Monday, a m<M
\ narchy man on Tuesday, and a republican]
aeain on Wednesday, his sentiments do aoij
change in a moment.
I Mr. Atkinson proceeds in his evidence and
' says, " and then he did assert that kingly go^X
! vernment was most agreeable to the word ofl
I God, and the constitution of the government 1
i>f England."t My lords it is material thati
you should know who tried this cause, lorAJ
chief justice J cileries tried this cause, and it 1
is slated that he received the evidence; anJ f
j Hume, the historian, remarked, such was the '
^ effect that had, that the jury of course con;. ]
vjcted him, as they would every body else;!
that the chief justice did not even sum up tlie J
evidence, but contented himself with railingl
against conventicles. [
The next is Henry Cornish's case; m 11
James 3nd, 1686, and when were thesecasesf 1
at tho very worst times in this cnuntry, when
fudges were, what none of your lord ' i,
in the nature of things, be, men t
upon the crown. Henry Cornish v.*, ....
ed for compassing the king's death;— Ilia j
overt act was conspiring with lord Hussellj
and the duke of Monmouth to levy war ; — ha j
called several witnesses to testify his loyalty,]
ttud though the witnes^s were discourageit^l
c^^, afi^.N^V^^^^^^-
\ Sae \
«t4,tn.
3 /.
I07S] S3 GEORGE ill.
they were permillcd to swear lliat they
tiiuughi him Ic^yal, aJid that he often drank
the fting*N heahii." Lord chid jii^licc Jones
[wiis the judge \*ho tried ihe cause, sir Robert
lawyer was sldl atlorney-gcneraJ, and Mr.
.I'lnch solicilor-gcner^ii.
John Ahhton was indirted, in 2 VVilliam
and Mary^ for a conipiracy to dclhroiic kir>g
William, and compass his deiitli ; tlie coun^^el
fur the crown, in the opcninj;, charg«;d the
prisoner with an intention to introduce
popery ; in answer lo which he givesi evidence,
vhich is to be found in the i?tale TriaUf of
, his zeal fur the Protestant religion^and aver-
ftion to Popery.
The crown say, thai Mr. Hardy conspired
to call this couveotion» which wai> to be aij-
'8cmhletl of delegates troni some societies, of
, one of whiih he wa^j secretary; which con*
\enlion wab to le assembled for the dclce. table
.purpose of subverting the government, de-
posmg the king, and procuring his death;
therefore I want to prove what was at that
time the state of this man*s mind; what it
was that he was constantly considering, erro-
neously, or otlierwjse ; and upon this case it
J* not necessary for me to juj-tify what the
illustrious person, who is here present, has
fmlilibhtd; whether it W4.S wise, discreet, and
egal in the* duke of Hiclmiond to publish
^th4t, 1 have tiothuiii to do with; and if my
|, client were charged wilfi publishing that
which is put into the hiiuds of ilic witness^
^aftcr what has been ruled in the RingVbench
r.l should nut have oOered it, because your
[Jord'^hips would have said thalthc publication
jo\ this as a libel, which conslitulis that crime,
would not be protected by the duke of Uich-
inond having pubhshed the same libel at
.another time; or wilh your mlention being
only to pul>lish that which the duke had set
you the example to publish.-* But when the
-question is what the mtention of the mind of
^ jthe i>iau was? and wht:n you have seen the
duke's plan, — I do not choose lo affront a
Dobic and lionuuruble person, the pleasure of
■whose acqtiaintance I have long had, ^ the
' duke would have thought, and I shordd have
' thoughtt I had affronted him, if I had asked,
did you, when you wrote this letter, mean
thrrcby to dejKjse the king, ajid lo put him to
death? He had nu such nUention, he could
have none, U\h own interest is deeply involved
in the saf<-1y of the slute, be is hiniHclf of the
tianu; nuble blood with the family now npur»
the itifont\ Then 1 wij»h to know if [ may
I not be allowed, upon ttic authorities I have:
CJled, to a>k the witness this f^ucstion f
My lord, in the cuse 1 la^t slated, doctor
Fitxwilhant*', one of the witoes**cs examined
, lipou this point> says, *' he, (that is the dc-
jfcndrtul) \v\^ alwiiyi taken occasion, that I
i kiiu^ 4nie», botii atSt. Jumes's and at
Trial of Tftomas tlarcii/
llOTS
I Edinburgh, to testify his sa a ^perys"
— The very charge tipon the ... buing to
testore king James and bring m Toper^.
The man's roiud is pruposcd ta be. u^ud is
consented by judges to be decyf ' -if
quantum raic-ft pot^itfhy Uh uaH' .lo-
tions of his detestation of those prmci*
which the charge supposes hira to have ^
tcrtaineth This trial w?is before that raoiF
excellent jmlge lord chief justice Holt, and
was conducted on the part of the crowo by
Serjeants Thompson and Trcmain^
The liol is the case of sir John Frcindgf
whose trial you have beard of in the course of
the cause, who was indicted for contpssiog
the death of kmg Wilham, and promotiDgiii
invasion and rebellion within the realm ; and
in his defence he calletl many witn esses, doI
to his character, for I take it that the meaning
of witnesses to character is this,— for iuAtance,
put the case of a man who is charged w;ih a
crime of any particular description, »upp«^iiet
man charged with an unnatural crime, would
Jt be any evidence at all to tlmt man^s dia>
racter that he paid his bills recularlr, and
that he was not a dishonest n
thing of that sort ? No, your ex
character mmt always be aniil- t
nature of the charge, and you wi
quire, whether he was a man of .,.„_., , yi
would inmurc intu his regard for women^itilo
his morals, and into his convers;auin, s*j as it
might rebuff any such horrible in Mc
idea having passed in his mind, li i« &
man capable, in the ordinary course of hu
life, of entertaining such opimoita^ aad mak-
ing use of such expressions ;— so if a man is
indicted for any otner oiTence, if ;4 man is ia*
dieted for a robbery, I say I will sliow ^>xiu Uiit
he was not a ncce*Jsitous maw, thai he pof*
sessed a large fortune at tliat time, that be
was a man whose ideas were moral ami to-
tally contrary to an> such prat ticc, ilmt is the
nature of character; but lam not even ask*
ing tliat, I liave been allowed to ask alncadj,
and was not obstnictcd in it» a^ to Mr. Hardy's
character for peace and qnictnr>^, bur f am
not asking that ; but in the -d,
that general character was | nir
* tu be evidenced by that whitiiU At
* produce,** out of the fulness of t i lie
mouth ' *' it does not ?•. ik
{ out ol ^ of thft heart •> ia
private u f vm nues, but whethn u ti(>* > of
not 1 am not mquirmg mto,— The jury mij
thiuk after I have pvvi\ Uie cviib— i^.^^ ||
proves nothing, oj little belter \\ ::
I hoor ll'u'V will n* I tliiiik \u. \n i . _. _ L'jW
CO heard, m«
wJi- •
111 sir Jui.i !'!
witn<*ss — '• '■ ..i*
p;i. ' iny iii'U'L; Ik-<'ii
• s. r i urrii,^h'i case in this CoUcctioo, Vol ,
f See Ashioo*d case, ant^ Vol, 1
irt ^ tH't
I
^0T7]
for High Treason.
A. D, 17£)4.
[um
\)in moment I shouUl turn almiit lo Mr
tusirt ;inil f*ay» when you have l>c<?ii speaking
onrameai with JMr. Uarily, wlmt has ht
Jo^i^onc^ If my Incnd choo!»es lo dose
|f4@bHlP here, I witl rhiine'e mv c}Uf^tiun to
with Mr.
11 merit of
II ririF ni(^ \'^ii;u ri;r- i u: ^im, nl" done?
^iiays he, whenever I umtJc use of any
fini: words nyon llie suhject, he wits used
U* s^y forbear, Tiie prisoner aaks " VViiat
have you hckir<j mc speuk of Ihe French, anrl
about any Ittin^ ot'aii invasion f how 1 would
ven litre iny hfe for the Prt>tcstanl religion or
any thing of that?"* — A pretty liandsome
leading quc^^tion too, hut I he minds of men
bat any thing liJve cbaraclcr? Suppose At ' familiar ease, vvhieh we hear of Hlmnst every
' ' '* . . . *- day^ ill ilJir^truUorj of the principle of con-
structivc levyniiL; war ; — he was a budge
wsilermari to f]ueen Anne; he was tried for
puHmg down a mecling house, and whicli
Mr, Juilice Fo&ler says, " wu.^ hcJd to be a
constructive levying of wjir/* und which wa^
not put as an overt ucl of compassing llic
king's death. This ih a very particular case,
here is a man l^iken in the fict of pulling
down a meetiui^ hou.sc, CJood God I I care
not fur Uh uiieclion— if a man is taken in
pulling down a meeting houbc, the law says
ne is guilty of high trea-son, fur he ahsolulidy
does an acl which^ in cons true I iun ol law, is a
levying war against the king. A man may
say I did not intend to levy war: a man
arc soothed and s4^iflcncd as they ought to he, | comes with a humhed men, and in caught
when a man, after the whole weight andarli)
lery of llie crown's evidence has come ao;ainst
him, is standhiE up in the leeblenes?* ot inno-
c • - * ' ' 'rfbnce,
il will not^ he cannot,
tli;.,„, .»,,,. ,^.,,,; i .i.ive said in Ihe course of
the cause, that I mean to iii«.innatc any ihing
disrespect Tul to him, but only that this priso-
ner may have full measure, and no I more
tlian the full measure ; I think he has just as
iiltle riffhl to have anv moif*, sis you have to
refuse him that whicli he has. Mr, Lupton
«iys^ ** I have often heard you say, as to the
preMni ^vernment, thai though you could
Dot comply with it, you would live peaceably I
tiodcr It ; when we have been talking of
thr •' — -^ yyu said you never would be" in a
f- •-' try that, — when I have been (
c^i..v.-.ij^ with Mr. Hardy, he said he went I
upon Uic duke of Richmond's plan, hut he
nev*'r wnultl be concerned in any plot against
111 ;ient» ne%'er do any thing that was |
ft I y, but meant to hmit hi» intention
to any exertions lo any given thing ttie wit* |
oess will AMy, atwl which I certainly shall not
put into Ins mouth.
The nt'xt case is in 8 Wtlliiitn :3i^, Peter
Cook*» case, who was indicted for the same
treason of which sir John Fretnd was con-
Bted, and the prisoner in hia defence goes
ictly to the same kind of evidence adduced
on the former trial. Mr. Serjciinl U^rncll,
tio was counsel for the prisoner, says,
•* What have you heard the prisoner say
about our fleet or army f'* What Um that to
do with his character ? it was to ncf2;ative the
proliabtlity of his wtshing lo bring to destruc-
tion our army and navy, and to bring JU a
fbrrign princr who had been exf celled lVon>
tblH country *br not recollecting what rights
Hdongetl to the people of thi^ country ; he
it»y»» ** t have heard him very much wbh
pc lid success to our fleet, "f
! i>lhe case of DammareCit ^^^
Vol. 13. p 41.
\ :.,vc Peter Cook's case in ihts Collection,
t StiL. it in lhi« ColkcliuOt Voh 15, p. 551.
pulling down my hou^, and says I did nut
loiend to hurt you; — here is an ambiguous
I thing, a thin^ which if it be said not to be
legat, is totally difterent from the cliarge in
the iydictmeni; and the office of my ]earne<l
I friend, who objects lo n»y (question, is to turn
I il round and to put a dillercnt construction ;
j to put the worst construction, instead of the
best constniclion, upon this man*s conduct,
and 1 am seeking to prove that probability,
by the same rules of evidence ever adoptcaj
not in a case like this, where the inleution
constitutes the crime ; where it is votuntai pr
JttctOt but in cases, even where it hfuetun
pro VidunlaU ; I say when men assemble in
great numbers lo pull down ail mcclina
houses;— for though it would be difficult j_
the lime 'of Edward 3rd, Co say that tliat was4
what our ancestors meant by levying war^l
putting that aside, not to get inlo interlocutory J
debatesi in the middle ol an argutiicnt, I sayl
this is a peculiar and anoni'dous case, thai itM
parallel is not to be found ihruughout ihej
whole circle of the law, and for tliis wis
reason, that his mi^csty*s life is so dear, his j
majesty's life is so interwoven with the wholel
principle of the state; hiii life, as chief magis*^
trale, being that which if destroyed might J
bring on a convulsion in the country, whicK'J
cunvufsion mieht deprive us of all that is^
dear to us ihcTaw wisely makes the intention
lo destroy Uic kiug a* guilty as Ihe accom-
plishment, but then the intention is not arjy
I thin^ that you can argue mto inlenhun, but
must be deduced from aco, which the jury
must believe lo have llowcd from i»is mind.
a4)d to have been the eflect of that wicked tj
and detesl;ible purpose; — why then, surely'
when that is the case, I have a riglU to aslc
whether ihe prinoncr meant to pursue tho*
duke of Richmond's ]dan? and leaving to your
lordship and the jury lo infer what I thought
it won' ' ' '
lit to ask, whether.
m m-
illu!)tr
Ian of a person of
' 1 with a grr:il number
of n
1 1
ilL^ ,. J.,
lis ^ome 3 cap! ago, ho
'' ' f'M«'- »■■ ^ud by thif
thiscniwe.
1079] 35 GEORGE III.
Trial of Thoma$ Hardy
[f080
Upon the examination of John Michaelmas,
IjSIr. Whitaker, the counsel for Dammaree
&ked/* was he disaffected to the queen ami go-
lf eminent?" he says, " I beheve no man belter
|ltfiecLetJ«'^ ** At ttoy times when there have
cen public rejoicings for any victories, bow
Has he behaved himself?"* Now the first
P question is as to character, as aifecled or dis-
liflfccteil, collecting it generally; but the second
lis to what has he said, how has he behaved at
riiraes of public rejoicings; when you have
iconversed with hun^ how has he declared
J himself ; I hat is not a question to character.
[The dift'ereoce between evidence to charticler,
I luid this sitecies of evidence, is this— as to
1 character what character has this person, and
rve have been vcr^' properly restrained ; I con-
I fcs8 I have been irregular once or twice, and
[ 90 has my friend, Mr. Gibbs, and your lord-
£Bbip has told us of it in a very iodutgent man-
f»^, for putt in jT quesliuns to character in a
ent way from what the practice is. You
Dt, when d!»kmg lo character, ask what
J A- B.C. told you abuul this man's charac-
l t€r, nil, but what is the geueral opinitai con-
fcerning him. Character is the ^low-spreading
L inHuence of opinion, aris'mg from tlje deport-
k iJient of a man in ^ciety ; as a man's deport-
[ ment, ^uod or bad, necessarily produces one
I circle wuhout another, and so extends itself
(till it unites in one general opinion; that
I general opmion is allowed lo be given in evi-
I oencc. Bui this case is totally foreign to that,
[as it is a declaration of the prisoner to an hi-
k dividual witness upon a narticular occasion,
I and connected with the subject^undcr exami-
nation.
i shall not trouble vour lordship with many
; more caaes^ for if these are not sufBcient,
, none can be.
The next is the case of Francis Francia,
who was indicted for high treason, in rorres*
ponding wUh the pretender. In his defence,
Mr, liungerford says to a witness^ " what do
you know of the prisoner's behaviour ?'*^ — '* It
' iwas a great surprise lo me when I lieard that
^ he was taken up, for he used olien to drink a
health lo king George -'f
In Fit2harris's ca.si?, he asks a witness
whether h^ thinks the act with which be is
charged, w;is done with a treasonable inl<?n-
tion^ — that is not objected to^ though Jetfo-
rics conducted that cause.
Then supposing these authorities to b^ out
of the question, and aupposins; that tliese
which I have troubled your hardship with had
not existed^ but that I was obliged to do that
which it is my privilege to do, to stand upon
♦ See Dammarec*s case, unU^ Vol, 13, p,
f See FrdtKia's case iD this Collection, Vol.
J S#?e FitiharriV* rai^ in this Collection,
^'' ' " ^ >'..;,■ I , ' "uon lo the
t of John
I
the principles of the criminal law of Engjhmd,
which are full well known to your lor£bips,
without being obliged to look up to other
sources. Your lordsVips all of you havt long
presided in courts of justice, and i am iurt
those of your lordships particularly, who
preside in criminal courts of justicep (laviag
great experience, must think that when the
nature of this case is considered, when hi
anomaly is attended lo, when it is recolleeled
that altliough the statute of *i5 Edward 3rd,
certainty dues not make the overt act charged
upon the record treason, yet when the overt-
act is admitted to be charged upon the record,
every thing which creates a nr-l> ii.ritv t.. *i,^
contrary, to negative the ii be
received, provided it be a rau
evidence, provided it be of a s<
one looks round it, one sees noth j
justice may be surprised and endabgefed ;
I should be extremely sorry to preas in _
most criroinal case, however agitated or nra^
est I might be upon the subject, for tnj
thing which had not been indulged to uthen
in a similar course of proceedings. I wihh as
much as any subject of the country can wiib,
that the Law of the land should be admitus*
tered fairly and impartially ; that one mao
should have what auother has tmd, but 01
more, and no less ; s*nd 1 couieivc that wl
my friend, the attorney-genera), Ukes
into his consideraiioD, that he will thmk
cases I have cited, and ihe principle do wi
they are grounded, entitle me to have
eviacnte admitled. I would not have truul
your lordships with the cases, but l con^'irtered
It as a mailer of importance, i .i*rt
concerned the administration ot i ^>
neral, but as it coucerns the case ui vt^
Bontt before you.
Mt. Gthbx.-^l submit lo your lordsl
this evidence is admissible. My
friend has exhau'^ted all the law Oial
out of the case, and therefore it will
necessary for me to trouble your lordL...,.
upon that part of the case ; — but it leeiiM 60
me upon a plain principle in a case of tbit
sort, the declaration of th^ cxplato-
ing the overt-act, the tendc ' - •: b ovt rV
act is the point ftir the juiy Li dcterouoi^
must be admissible evidence,
Y'our lordships will find »l is laid dtwni ill
brd Hale— I believe it is laid down 'm
cascs^ that an overt ^^ ^rfmnt
nature, may yet be e be an
act cfunmitted, tendu _ ^'"Tnii
ceivcd by the pri>< n' '> *'
for ins,r.i nri- 1 \\f At \ > '.
II Lf^la-
dii^ 'Ti-mdL^
compasstDs the kmg s death, bocauta lb*
intent of his couuug mio EoglaQil «m tf* i
plained by words spoken el^ where; s
many other cases 1 take it Uiat w<ffd> i
• 1, Kel. 13; Cro. Car. $3t; Foat W)
1 Hale « P.C no ; 1 East'l P.C. Ji».
lOSl]
Jbf High TreasofL
hy a m&n, not only at the time of the orert*
act, biit briore that Ume, atf adnii^siblef for
therft i« no linntitioD of time withiD which
vr ' t n by a prisoner may not be given
ij to e'cphiin the nature of an overt-
act, I ;i;iri;t:L! to be an oA'crt-act in the prosecu-
tion of his desiga of compassing the king's
death.
Now ifthe crown may give evidence of the
whole yf a nmu's life, for the purpose of ex-
fiiaiuing a. nt act» and giving it a
eriminjil <xni , surely it follows, upon
the principle %*( jaliuinbtering equal justiGe,
that whatever he hn^ said upon the same
bject, terKhng to prove a different intention,
I innocent intention, it should be competent
to him to give in evidence. I take the di^
tinction to be tliis — if that which is charged
upon a man be an act, if it lie a thing done,
yoy cannot in any case give in evirlencc that
the prisoner has denied that he did the thing.
The crown in that case may give evidence,
that tlic prisoner did at any" time admit that
he committed the act, that he did the thing,
the prisoner cannot answer that, by showing
that at anoUier time he said he hadnot done
it, tho\igh you may ask whether he hud not
held soitie other conversation which explained
the tendency of that. We have it not in
f|itestioii now, whether he did commit Uie
ert-act stated in the indictment, but whether
cummitlitig Itic act« he had, or not, the
igmal de^i g n
Lord Chief Justice E^r^, — Here the design
h part of the overt-act ; it is described as part
of the overt act.
Mr. Oitha. — ^The design is a part of the
t-«ct in this wav — the overt-act of com-
rmz the king's death, is his consenting to
calling together a convention for the pur-
of deposmg the king ; it states first the
on ; the treason laid is that he compassed
the king's death, and then the overt-act is
laid thus— -tliat he, with others, for the pur-
pose of accompUihtng the treason, did conspire
Krrth others to call this convention, in order
that this convention might depose the king.
TIte distinction tliat 1 was takinn; is this—
I know that we have belnr** iK*- i..ry both the
"liut and the design a^ t< ' the king ;
,niely, tlie tiict of const i _ i lold a con-
* in, and the design wita which it was
Died to be held ; but we are now al)OUt
to abow what the design was, to cxru!j»;itc the
ffisouer from any criminal intention. I admit
we could not ^t> miu evidence of what the
priMoncr ha/1 buuI ^t any time of his life, for
the p ^ing be had not con^cntM
lo I '* un, because that is a fat t *
but *ft»ai deference li^t you?
lofd^ <\eT m nhow thai ihut con*
.t*4 • '» * »' 1'^ I ' ' t with
6mp I wiih
ftil Iha^ which tit« priaoncr at any part ot hia
A. D. 179*. tI0S2
life ii&s declared touching this fact ; and not
only that, but into evidence of what any mem-
ber in the London Corresponding Society, any
memberof the Constitutional Society, or any
member of any societies corresponding with
those societies have said. As the crown is
permitted to go into evidence of what any
one of those people have said, in order to
prove that the ultimate design was lo depose
th^ king, we only ask in answer to that, that
we may he permllled to go into decbralions
of the prisoner of that which can be only
found in his own mind ; not that he did not
do the act imputed to him, but that the design
with which he did that act, was different front
that which the crown imputes.
I was §oing to put a ca^ which I had
forgot in the course of the argument, which
appears to me not unlike this, and whicK
was su^ested by your lordship's saying that
the desigfv of depoang the king is n part of
th.e overt act— the case of murder; suppose
it plrtinly proved that the prisoner did kill the
deceased, and the question is whether it
is murder or manslaughter, that will turn
upon the intent. I take it in that case it ts
the constant, uniform practice to receive evi-
dence of the declarations o£ the prisoner of
his £Ood-will and friendship to the deceaseds
— Now, why are these declarations received ;
I am sure I have heard, in innumeruble in-
stances, evidence gif en of declarations of pri*
soners of good-wul to the deceased, wheu
thev hafve admitted they gave the fatal blow,
and when the question is, what is the ouahty
of the act committed, whether murcier or
manslaughter ; and the rule, 1 take it, is not
confined to declarations immediately upon
committing the act, but lo declarations at
former times. Why are these dcclaraliotw
received ; the act of giving the blow is ad»
milted. So here the calling a convention is
adouttedj the declarations are received for this
purpose, to show what the mind of the man
was, what his intent must have been, whether
he gave tlie blow with a view to prothice death
or not. Then with what view do we offer
IhiH evidence? to show his design, whether it
was the design the attorney general imputes,
or an innocent one. We oner this evidence
ill order to show that the object of thi's con-
vention WHS different from that which the at-
torney general states in ihe same way as the
evidence of good -will to the deceased is ad*
nutted, iu a caf^e where the (}iie*<tion is, whe-
ther the crime is murder or manhbughter.
Mr. Attornty General — I rise in the firit
pl«' r lo stale to your lordnhips the objection
whirh I Imve to the question that was ad-
dressed bv my learned friend to the witneaft*
1 haped that this objection had followed ao
imr— ''•-''• upon a conduct that I am per-
aii ved, on my part, no wish to shut
!t'nce that appeared to me to be
I iiat my learned friend wouW sin-
,, i _ - iven me ctfsdv^ *&\afe tucjp^ %\»3^«^
Uft
i
35 GEORGE IlL
Trial of Thamat Hardy
lOBS]
Imblic [irinciplc. I heg to say a^n, what I
lave had occasion to say before m the course
of this trial, that it belong to every man in
a court of justice, as it aocs to every man
elsewhere, to be liable to error; it is not,
Ihcreforc, with any confidence that 1 must be
right, in the objection which I l;ike, that I
presume to trouble your lordships with this
objection, but it is in consequence of an opi-
nion that I am right ; ami if that he my se-
rious opinion, recol lee ting that I !*tand here
&s probecutor tor the public, I am not at li-
berty, whatever my incJination mi^hi be, to
sacrifice what appears to my own mind to be
a great firinciplc in judicature, adopted and
acted upon for Uie benefit of the public, and,
'therefore, for the benefit of every individual
who torms a part of it.
When m^ learned friend stated that he
had seen this objection brewing for some
days, he will allow me to state to him
what I do state upon my personal ho-
oour, if it be necessary' for me to pledge
that to him, that so tar from brew^ini; this od*
jeclion, I do slate, that I do nul look forward
enough into cases to anlicipate such objec-
tions, for I protest I had not foreseen that
Buch evidence as this would be offered, and
had not LH>n5idcred it» But the learned and
able manner in which uty friend has rea-
soned upon it, I think ot itself is some de-
gree of testmiony in support of what I am
now saving, that it is an objection which, at
Jeast, had colour enough in it to invite the
tniuds of two able counsel to apply their abi-
lities to repel the objection, ii it should be
taken.
Having stated thus much — what your lord-
ship has heard with respect to tlie case of
Bolt, and an expression which has fallen
from my learned friend in discussing this ob-
jection I hope will prevent its appearing to
those to whom 1 am now addressing myself,
improper to make this observation upon it.
When a motion was made for a new trial>
because Mn Jufstic* VViison was supposed to
have rejected evidence which he oucht to
have adnulte<l, rwy learned friend, in the dis-
charge of the duty which he owed to his
client, contended as strongly that that evi-
dence was admissible, as he ha^ done this
day that this evidence is admissible ; and I !
ani perfectly persuo'3ed that if any man had j has been evidence given of tht
[I0S4,
own life, and affecting every iotcreft Ihtt (
be dear to him, \ wish my learned friea
would at once either decline talking of
diftercnce between a poor shoe-n ' 1
men of higher rank, or that he
the facts opon which he thinks it lu iv ij«-.^1
that sort of langu&se. My lord, we liv» tn
a countr)' in which the providence of the law, ,
like the providence oi God, is over us al^
high and low, rich and poor; and speakin^
for myself, I desire to be disgraced from Ihi
moment, if in the course of this trials I cithc
have conducted myself, or can conduct rny* '
in such a manner as not to do that justice
this prisoner which the law means should I
done to him. I think I should be worthy «
thai death, and ten such deaths as the pri
ftoner must suffer, provided be is found guiltjf
ujKtn this trial.
.. _ Havin? said thus much, I proceed to stiti
him I to your lordships that undoubtedly 1
I that the questions witli respect to the
I of evidence, and the admissibility of cfid
are perfectly distinct i-*for instance^ jf in I
case of any person you find hiro at a tare.
s peaking respectfully of the hereditary no^
bility of the country, and of his majesty, ^df
the situation and cbaracter which he holds m
this country ; and you find, on the olhe
hand, papers in which he holds :•
different language upon other occa^
fact whether he held that convr- '
tavern or not, may or not bec\
ing to the circumstances uudi.. v,..,^.. ,„^;
conversation is held.
In the case now before the Court, your lord*
ships will recollect that it has been* given in
evidence that Mr. Tookc (one of the person*
whose name occurs in this indictment) at Ibis
Crown and Anchor, upon the *ind *jf Mtf,
J 792, spoke with great respect oi
nobility of the country, and spoK
pect of the m aj c s ty o f the king, v
clence? clearly fur this reason {\\
ing whether it would be evirtrri . li i r
reason) namely, tlial it was I i, jn i n ti ir ;'m^
two societies met in the cou:^c ui tiit^ busia^iM
which they had been doing ; and it came oat
also upon the cross-eitaminauoa^ wbkb Ji
axiother circumstance that will require to be
matenally attended to. So with n>r«t lo
the prisoner at the bar— if, for ' lidie
left the court after he had heard my friejid,
he would have gone out of court with an opi-
nion, which I hope my friend will not be too
incautiously industrious in pr^tpagating, that
there was a differcure in the law of evidence,
as it affected a newspaper printer at Newark,
and as it affected other person** whose paper
he proposed should be received m evidence.
My lord, I say inrinti'^n^K il.> ii — hh) I thmk
it my duly to ^ in the
une of atrial »he per-
1 who now stands at tiu^ bar, and not only
Bcting his life, but affecting the interest
bicij vvcry inau in thia cauiitry has in his
that the Ian
to be such
permit ; — that
)lU he was to
I' as pntdttiee
Kapers_
olj was
would permit; — that ii
ii^hich were not commuun
and one private leller, in wim u .\ j
is stfited, that monarchy is to bv .
bytheroot= ♦>■♦•" *>"inswer to i
stated to I ^ that con"^ - •; n
with him :ih ; —do nut i.il 0 X
monarchy — do nut laJk abctTU L i niry
— let your lans'ii;^'-^ br* cor*!i i Xu u:.*-
versal suffrage i : tits, and
alt ll*e tea of allow; 1
say lbef« on^ U a ^ikmX uuuibeiHQf tliae
4083]
Jbr High Tnaton.
A. D. 1794-
[I08G
tioi
^ -ncr
uiU8tanrc9 given in evidence, but then
n ^vi^I follow, whether the decla-
ji;iii held is given under auch cir-
u... -iK-v.. iU such time, and in the course
of u conversation vfhich m^kes that declara-
tion evidence.
Now with resjiecl to lord George Gordon*s
ca*e, if I recollect rijghlly, the principle
upon whirh the tlcclarutionn were received in
evidence was; this— that in that case the de*
elaiationb were really a fact, for whatever
declaration accompanies the transaction,
whatever declaratjou is a part of the transac*
lion that is done, is pari of the fact that is
r^ing^ and upon that ground the declarations
l^re admitted ; it does not weaken the ob.
nervation at all, that evidence was given in
that case, that lord George Gordon went to
acme magistrate, or some other person^
whilst the mob was over-ruling the civil
power of the country, for any conversation
that wus held b^ lord George Gordon during
the existence ot these riots, and with refer-
ence to them, he being a purt^v in them, was
a deelaraiion made at the time, and upon all
tlxe principles of evidence, was, therefore,
connected with the transaction^
With respect f ^' staled last by my
learned friend — < ^ case, I take that
to be as dislinc.uL^.i.n-jt; \,oii\ the preseiilevt*
dtncc upon the same principle, the object
vras to prove the view with which the man
came into Kn gland ; he declared that he would
conic into England to kill the kiu!^; ho did
ccnic JTito England. Your lordship knows that
bismakinflr the declaration, though it would be
punishable in another wav^ yet ^lill would not
DC high treason, if he had not conic into Eug-
Lind ; and, upon the whole ol tlie evidence,
the coming into England made a pari of the
traiKaction with llie declaration he had miidc,
it was an overt act oi high treason, hccatise
4t was then understood to he a fact done with
llie intention which the indictment imputed,
learned friend has said respecting
irs sermon, that no sermon can be
a^»on, I will not argu<:t that, hut I sub-
tt \% \ery dangerous to slate that no ser*
can be high treason.
r. Enkine, — I ^aid no sermon could be
h treuMin, without being in pursuance of
inic plan.
Mr, Jttorne^ General. — It is matter of
good fortune tlten that I have stated it No
man in the world will suppose that I mean
«ny tfrr ' T!i,,in what 1 am now saying ;
«^U *t II m the course of what coun-
fclar<: ov ..i,,^, U»it ihey nmy conceive thtni-
icjvcs to SUV what did not hill from them.
Mr. Ertkttte- — I appriil lo every body round
ttie, and the \\hnli' public th;it 1 did, — I ap-
peal particiibrlv lo the whole bar.
Mr. Attormy GfMfra/.^-'lhen I can only
my for my%el* what I am about to say for
learocd friend, tliat it hupprns to tnoae
^ attention i» called to the dlscusAion of
itibjoct% that worde now tnd then whkh
i
really tall from gentlemen do not strike th^
ear of those to whom they are addressed, wli
ought to hear them ; meaning at the
inuc to say distinctly that I did not he
them, but it is satisfaction sufficient to m^l
that my friend i>enuits they should
put in.
What h the evidence in thei:a$e of Hose
well, and many others to which my frien
has alluded > In the 6rst place he has no
elated with respect to these trials who wer^^
the witnesses that were allowed to speak t<^^
these facts ; he has not slated whether thes4Hl
circumstances were askeil upon cross-examU )
nation ; he has not staled whether wit* |
nesses were called to general character, and '
then save in evidence these circumstances^ i
iii explanation of the general character whicb
they nad given ; he has not stated whctherj
the witnesses who spoke to these particula
declarations were speaking to deciardtioc
which did or did not pass in the course of th^l
very transaction which these witnesses weroy
calfed (0 prove.
I am not meaning to contend in this <
that it may not be competent for my friend
to state every word that Mr. Hardy eve
said in the Corresponding Society — ever^
word that Mr. Hardy said in his correspond!
dence with every other society ; every word!
that he ever said in the Constitutional Sot]
ciety ; every word which it can be shown |
upon the evidence proposeil liad a direct]
connexion, or which can ue properly or fairly
connected with the transaction now before
j the Court ; but what I object to is this — t
you should call a witness who was not
member of any of these societies, a witne
who has drcady told the Court that he did
know but little of Mr. Hardy, that he did no
even know he was an associated member
that society, any connexion with which tlw
Friends of the I'cople hud dibavowed, anil
that you shbukl be peruutted to ask tha^l
witness, not this question, whetJier in thQl
course of any transaction connected with tli«|
subject now before the Court, Mr, HardjI
made a declaration that could he considcre
as a part of that tmnsaction, hut tliat yoitj
should ask that witness what were the decli
rations of Mr. Hanly at any lime, when hn
may have seen him without connexion witf
the subject which is the matter of tiie presco
mdictment; this will lead a great way; it i
not worth while to argue upon the effect of i ^
for tfi ' " . another way ; hut I wish mj
Iciii i to consider a hi lie it this evi^
deiH *. i^ ,^i Mi lor a prisoner* it will [K)s«]ibl|
le;uJ to let in evidence against a prisoner,
am persuaded I do not "do injuslite when
h^y ttuit there may be cases, 1 will say i
thmg about the present case, because I oufi
not ; but there mtiy be cases in which, if tl
sort of evtfh'ncf! can be let in upon principlij
it til ! ma
be f . U.,^
cording to my ^\«i^<;uV5aV'^uvov4A ^\4.u\x\\lsvNk«*ju
I
m&eMm^ CmgnU-A ifadl troubte your
Ibf the purpc^se of fttttiiif the eslent
this principle nuiv co; mod xwsi
CaoDot b*Jt (jc aware ham eitri&Rielj
tot it b to attend to the maaoer ta
qucttaofia of Uiis sort have Imed |ier-
to pM« tipoo triab. — They m oAeii
tiol ■Ucfided Uv they are often ttjouebt un-
important upon purtkular triaiSf and there^
fort not objected to ;— nothing ca<i show that
in a more striking light thadi the qucstioD
^liich Mr. Er^kiiM: staled to have been put in
Jt'ittham»'$ ca.se, ** whether the witness
thought the act with which he was changed,
wa9 done with a treasonahle intent,'* — which
was the very qtietlioQ to be Itik to the jury,
J^ow that question hmng been put with-
it any ohjection to it, shows thut in the
urM of trials of thii Dature, thin^gs are fre-
lently passed over without objection which
ight to be objected to, especially on tiie
of the crown, to whom it is constantly
in all trials of tiiis nature, that
arc prwsing the prisoner too far ; — that
of odium being (x»n«>tantly attempted to
\e thrown upon every crown prosecution,*
thoK who are employed by the crown are
alwa)s e&tremely anxious not to raibe objec-
tions, where they do not think that the ee-
neral necessity o1 public justice requires that
tliey should be raised. Now the objection here
1 believe, is raised simply upoa the grounds of
the general necessity of public justice ; at
)c«flt| as for niyseU, and with that view
which I have conceived of the subject, I have
been m fstr from objecting to questions being
put, that I have sat silent tdl now during
almost the whole of this trial ; hut it strikes
me th'<it the rules and principles of Jaw, and
especially the law of evidence in criminal
matters, otight to be attended to with a very
ronHiderublc degree of care and caution, for
unlcKs thpy are attended to, it is impossible to
say to what length, upon the authority of what
has jiabsed in particular cases the matter may
jiQi be carried.
1 have conceived that a question which
:at to a particular fact, not relative to the
,rge of the vt ry fact which was in Question,
never could in its nature be asked with a view
to trv iht' truth of the particular charge ; ge-
n< ^ ictcr may be given in evidence,
gr iiluct may be given in evidence,
cuiKUK I ix'jHg in efttrt part of character, but
I nevitrdid conceive, that in ajiy case whut-
e? er, if a man was trying fur any act whatever,
tluityou could eive in evidence any particular
lets that he had done at any particular tune,
under similar circuoistances, and the question
which t« no%v uikmptod lo be put, appears to
mc to be ot 1 ; if this question can be
. put, why n». prisotier at the bar, give
I tn evidence every letter wjbich he hits ever
I written to any person whatever, upon po*
MifEAMf 9(/Hjccts^ in Whivh he tnay have a^ted
I iiev«
Ins ovii objects m any way to
ihongbt proper, aad, petlMfM, vitli m
to this very protecolkin; — llstnke»^aie,liati|
this ts cotisidered, the dai^er of ibe
son of such evidence is a
that it is contrary to all the
whicb Courts have pinioeeiM.'
I if your Jordshipa adveit in the cases cilel
I by Mr ErskiDe, axid see Ihc muamr m whieb
I be liBi stated them, I think jour lottblMpa
will find that, except as ^ as inadlvcttcMe
may have permitted questions ta pun w^
noticed^ Lbey do not press very haivl upoa the
' case.
I With respect to the case of locid Geoip
I Gordon, I have looked into it ; hanag iGa
, trial before me, it does not appear to me tbsl
any one question was put with respect to 1dm
weirds of lord George Gordoii at anv tMp
which did not, in e^ect, form part af bis con-
I duct in the very transaction which wis in
question. Like the cry of a mob, Sar m-
, stance, in pidling down a bouse, the gexiinl
, cry of a mob is given in evidencs agittasi tfat
j prisoner^ because it was a part of ibe
I tion at the time.
With respect to the other cases, I tbialt
will he found that the questknis bave i
been upon the cross-examinattoii of the
ne86,andnot upon anyori^r^-**
on the part of the prisoner i or tbs
purpose of showtne by what ..^ d,^, ^t one
time, what was prouably his inteotiOQ doiqg
another thini at another time*
Mr, Enhine, — I hope you will not be
offended at me tor this intcrrurtian whocb
may amend your last observe • > ^ sif
ail of them taken from the ^ . ii, and
they are all upon original ciamu^Uuu^
Mr. SftiicUor GencraL-^l will then alltUi
advert to some of them : in Cornish's eui
what was it ? He called several witneiiea li
testify ills loyalty, and that he drank tb*
King's health ; doe6 tliat warrant thequestioo
which the learned counsel was going to putio
Mr, Stuart with resjjcct ly Mr. HanJy*8 parti*
ailar object in a particular thing ? For tnat if
the nature of the question he was going to ptit.
So in sir John Freind's case, what are tbt
questions that were put? When you have
been present in company, and they liave baen
speaking upon the subject of govemaiafi%
what has he said or done ? Why he used to
say, «* forbear, I do not admit of any sudi
discourse ;*' that is evidence of hit geoenl
conduct with respect to the government of tbt
country, and with respect to his veiws and
intentions as to that govt r -r ■ ■ • ; sir, Jjup»
ton, I thmk, says, alltj' i would Hit
comply with what was j , . .,,. to you, yet
you said you would never be cikncertiea in any
plot. Now I think thnt that expretsion
nave been upon a cross- cxamtinliofi
person who was calle<l to ^ivc pvidcrii
plot — I cannot underst • rt
so. And what was tlu
Freind's case I Why the laa wa*y iIulA it
\
10S9]
for High Treoion*
A. D. 1794.
[1090
proved, as clear as day-light, that he was con-
cerned in a plot. And what a way this is of
trying the guilt of a person, with respect to a
particular fact, hy bringing |>ersons to say,
that at a particular time he said he would not
bc'concerned in any such plot as was charged.
Would it be permitted upon a trial for
murder, for instance, to give in evidence,
that the prisoner said he would not commit a
murder ; and yet as far as I have any concep-
tion of this, as sUted by my learned friend,
it was simply that evidence ; and therefore I
think it must have been upon a cross-exami-
nation—
Mr. Erskine,-^\ tell you it was not.
Mr. Solicitor Genera/.— Then I do not un-
derstand it.
Mr. Erskine. — I sec you do not.
Mr. Solicitor General. — ^I'he manner, sir,
in which you liave thought proper to con-
duct yourself towards me, in the course of
tills trial has been such as reflects upon my
character. I will not submit to any man for
knowledge of law ; I am not used to talk of
mvself, but I will not be taught by you or any
other person, propriety of conduct either in a
civil or criminal case ; I believe, I know my
duty in both as well as you do; and I
trust that I shall discharge it.
My lords, the next that was mentioned was
Dammarce's case; what was the evidence
there T In order to show his general affec-
tion to eovernment, it was asked, how has he
behaved at any general rejoicings ? Is that
any thing more than evidence of general de-
portment ?
Withrcs))ect to lloseweU's case, itseemsto
me that tliat is in a great degree general de-
portment, altliough 1 must confess, that it
likewise was a case in which I should think
tliat there was a degree of inaccuracy in per-
mitting the question to be put exactly as it
was put ; but the question really tended sim-
ply to this, whether his general deportment
vras that of a miiu who was loyal and at-
tached to the government of the country? and
nothing more.
As for what my learned friend said with
respect to a sermon bein<ri or not^ treason ; I
think there was a sermon which is mentioned
in the history of our country ; — I mean the
sermon preaclied by Dr. Shaw, at St. FauPs
Cross, for the nur[Kise of exciting the people to
rise ao;ain.st £a\^ard the fifth, and put Richard
the tliird upon the throne, which was as clear
an overt act of high treason as ever was com-
mitted. 1 mention this, because certainly the
words which my learned friend has said he
made use of, did escape my ear, as well as the
attorney-gene ral's ; and, which shows that
they did escape my ear, 1 do assure him that
I have taken down, in the mar^n of my brief,
that very case of Dr. Shaw, which I then re-
collected, and that 1 could not have taken it
down if I hud conceived he had made use of
the words which he says he made use of, and
which I have no doubt he did.
VOL. XXIV.
Under these circumstances, from the neces-
sity that there is that in such a case as this a
rule should be laid down which can be pro-
Serly pursued — A rule which men may un-
erstand, and, calling upon your lord&hips at-
tention that we objected to no questions r»>
specting the prisoner's general conduct; also
declaring that, for myself, in the view which I
have of the case, 1 would rather have the
question asked than not, yet for the sake of
Seneral justice, for the sake of what is to be
one in future trials, and that other persons
in that office, which my learned friend near
me now holds, may not when it is produced
as an authority against them, have it said that
upon this trial (and a solemn one I trust it
will be) such and such tilings were admitted
to be given in evidence, and that therefore
such evidence ought always to be given ; for
these reasons it does seem to me important,
that your lordships should lay down some rule
upon the subject.
Mr. Bower. — Notwithstanding we are now
not only in a criminal case, out in a case
which a&'ects the life of the prisoner at the
bar, I make no apoloey at all for troubling
vour lordships with the few observations I
have to offer, because I not only am conscious
that neitlier myself, nor any ojie gentleman,
with whom I am associated in this prosecu-
tion, can possibly conceive the purpose of
pressing any evidence against the prisoner
which we do not think is competent evidence,
but I am confident that there does not exist
a creature, about whose opinion I am anxious,
that can conceive such a purpose to enter into
tlie heart of any of us.
My lords I conceive that this case, capital
as it IS, is to be tried upon the same principles
of evidence asallotlicr cases, are; and it is
our duty, as counsel for the prosecution, to
resist the admission of any evidence which we
think not competently legal, as much as if we
were trying a common action of assault and
battery, or as if a micstion could arise upon
any subject that could possibly be debated in
a court of justice, which imagination could
conceive to be the most trifling.
I have always understood, that the decla-
rations of parties arc evidence only cither in
cases where they accompany the act at the
time that they arc made, or \vhcre they have
been made at different times, and under differ-
ent circumstances, totally unconnected with
that fact, which is the mit;^lion under discus-
sion in tlie Court, in which cases they have
always been received in the nature of t;u:ts, or
rather as circumstances by which tijc general
conduct of the party is to Ik; judged of, as be-
ing circumstances, ?nd being declarations
given upon subjects to answer no particular
purpose, and not connected witii tliat which
IS the subject matter of discussion at tlie time
that the evidence is given.
Kvery case my friend, Mr. Erskinc, has
cited, in my opinion, confirms the princij^le L
am now <<tatin^; AwixV* -^owxVst^^xv^ '^"^^"'^
4 \
1091] 35 GEORGE IIL
amine them, one by one, you wil) find that in
evcryca«!e, uliir.h ho has stated, where evi-
dence of til i-. kind has been received, it has
been to >how the general conduct and cha-
racter of the prisoner, in circumstances and
upon orra«ions no way connccU-d with the
crinie of which he was then accursed, but as
circumstances and declarations in situations
from which the jury mi<:lit collect the general
character and conduct ot'thc prisoner.
It is indi^putably true, that in the case of
murder, eviJcnce has alwavs been received
tliat the prisoner has at other times, ui>on
other occasions, and in different circumstances
shown acts of kindness to the deccuscil, and
expres<>ed himrielf kindly towards him, and
they arc offered to show that that was the ge-
neral disposition of the prisoner towards the
deceased, from which the jury may collect
that it could not be his intention to commit
the crime which was imputed to him ; — but
did any man alive ever hear it a«*ked of a wit-
ness, produced in a case of that kind, whether
he had heard the prisoner say, that he had
710 intf ntion to kill the deceased ; and that
that should be received as evidence, to explain
the acts which were proved against the pri-
soner, upon the evidence given; and upon
which thejudgmcntof the Court and jury are
to be drawn ?
In Holt's case, which my learned friend has
cited, in which he has admitted that the judg-
ment of the Court of KingVbench, went
alons with the opinion of a learned, and most
worthy judge, deceased — it appears that the
judges ^ere unanimous in thinking, when the
fact was prov(id that the libel was" published,
thai it was not competent to the defendant to
explain his conduct, to state how, or in imita-
tion of whom it was, that he had done that
act which was then attributed to him as a
crime.
In lord George Gordon's case, the declara-
tions tijcrc received, come under the other
principle, tiiey were properly received, because
all of them were declarations immediately
preceding or following the act, so as to be con-
sidered as accompanying the acts of the mo-
ment— they were received upon the principle
that declarations accompanymg a fact, are a
part of the fact itself; and that therefore you
fiuist reccrive them as circumstances of the
fact ; but there were neither received in evi-
dence, nor ottered, the private declarations
made by that noble lord, previous to the time
when he entered into that levying war, which
constituted the crime of which he was ac-
cused.
In the other case, which Mr. Erskine has
stated, where the prisoner was permitted to
ask what a person had heard him disclose ;
tliat is on the principle of going to the general
conduct— it was not with an intent to show
that particular act, which is attributed as a
crime ill the prisoner, hut to show that in for-
mer acts, which were considered as a pari of
Iiisgenenl coxulucty tbie prisoner's disposition
Trial of Thomas Otrdy
ivm
was such and such upon certain solqccts, aol
connected immediately, not apologizing, for,
and not offered as explanatory of the partiodir
transactions which made the subject matter of
the crime, with which he was chamd.
In lord Russell's case, when Dr. Bomet
was asked to a conversation of lord RosselFs
against risings, which comes nearer than any
my friend has stated, to the principle he wants
to support — Is it stated in that case, that any
declaration lord Russell had made with respect
to his intention, as to the rising in qoestioiiy
or the facts that he was called to answer to
was received as evidence — nothing like it—
when a man is charged with a particular ri-
sing, which constitutes the particular fact of
which he is accused, evidence of his general
conduct, and general character, declarations
of other facts, and other circumstances are of-
fered to prove — not what he said respecting
the fact there — but as general evidence of the
conduct and intention of the party.
As to Koseweirs case, which was, that a
clerg}'man who had taken occasion to insok
the government, had at other times preached
sermons in favour of government, that comes
within both principles ; the preaching a dis-
course in favour of government at another
time, is an act done strongly indicative of the
intentions, and general conduct of the pri-
soner, to show that he was well disposed to*
wards government, and I give my learned
friend leave, if he can in this instance, to
prove five hundred acts, to show that Mr.
Hardy has always supported government, and
has in his gcncrdl conduct, done acts as no-
torious as the preaching of a sermon in sup-
port of order, and good government.
The case of sir John Freind was of the
same kind ; the e\ idcnce was not to prove
what he had done respecting the particular
transaction, but to show that at different
times, when there could be no design in view,
the conversation not respecting the crime of
which he was then accused, sir John Freind
had been speakinn; of government in the way
that a dutiful subject ought to do.
In Dammarce's case, the declarations re-
ceived were directly accompanying the act:
the declarations of the mob were received as
part of the act, and upon that principle only.
The case last alluded to was, I believe, Cro-
hagan*s case, in which was given in evidence
against him, his declarations of coming to
England, to kill the king ; and his coming into
Kngland coupled with other acts, to show
what his intention was ; and there was no
declaration to explain the particular act of
which he at that time was accused, or which
was then the subject matter of inquiry.
I have before stated the case, which ay
learned friend Mr. Gibbs argued very de-
cenUy, and as he always does, verj' ably, as
to expressions of good will, that is a'case
which I do not deny, but the application of
which I dispute, because I say that these ex-
pressions of good will, arc only received in
109S]
fit High Treason^
A. D. ITQ*.
[1094
the way that I have hefore slated, namely,
that they are expressions at other times, upon
other occasions, when there is no crime im-
puted, when they cannot be possibly supposed
to have relation to any crime, not then com-
mitted, or about to be committed, and which
only shows a general good di*>position —
which in an equivocal act might make it
doubtful, whether the party was actuated by
malice toward the deceased, or not.
But the evidence offered in this case, is of a
verv different complexion indecd,and such as I
really speak tndy when I say I do not recollect
ever to have been offered to a court of justice.
The crime charged is, compassing the king's
death — v/e can give no evidence of the manner
of compassing tlie death of the king, but by
the overt acts which we have charged, and
therefore the substance of the indictment is,
that you did this overt act, from which this
compassing necessarily arises ; it is the act I
admit to show the intent, which is just like
any other fact, in any other case ; it is just
tlu; sanie, as when we say a man committed
a homicide with a felonious intent ; the intent
is a part of the crime— but was it ever asked,
whether he had said he committed that
crime, with a felonious intent?— it is from the
acts that he iias dune, that you are to jud^
of the fact ; and you cannot suffer him, by his
declarations, to explain tliat act, by saying
that he did not do it with a felonious intent
--I sec no difference ; the intent is coupled
with the act in both cases, as in all it is no-
tiling mure Ihaii this, that from the facts the
intent mubt be inferred— from the facts here
the traitorous intent must be inferred. It
would nut be competent to a man indicted for
murder to say that lie did not do the homicide
feloniously; thut he did not intend to kill the
man — and it is no more evidence here when
certain acts have been done, which we insist
upon necessarily afford a certain conclusion of
fact, to say that he intended to do any one act
with a different intent from that which is
proved by evidence to be the intent with
which he acted. It ap])ears to me, therefore,
that upon no principle, and upon no autho-
rity can the evidence now offered be received,
any more than it could be received if it were
a declaration — 1 did not intend to commit a
felonious murder, when I did the act.
Lord Chief Justice Eyre. — Mr. Krskine, I
do not know whether yon can be content to ac-
quiesce in the opinion that we are inclined to
form upon the subject, in which we go a cer-
tain way with you. Nothing is so clear as
that all declarations which a|>i>ly to facts, and
even apply to the particular cuse that is
charged, though the intent shunUl make a part
of tliat charge, arc evidence against a prisoner
and are nut evidence for him, because the
presutnption upon which declarations arc evi-
dence IS, that no man would declare any
thing against himself, unless it were true ;
but that every man, if he was in a difficulty,
or in the view to any difficulty, would make
declarations for himself. Those declarations,
if offered as evidence, would be offered, there-
fore, upon no ground which entitled them to
credit. That is the general rule. But if the
question be, — as I really think it is in this
case, which is my reason now for interposing,
— if the question be, what was the poHtical
speculative opinion which this man entertained
touching a reform of parliament, I believe we
all think that opinion may very well he learned
and discovered by the conversations which he
has held at any time, or in an^ place.*
Mr. jErs^ine.— Just so, that is my mieslion;
only that I mav not get into another nebate, [
beg your lordship will hear me a few words.
Lord Chief Justice Eyre — I think I have
already anticipated a misapprehension of what
I am now stating, by saying tliat if the decla-
ration was meant to apply to a disavowal of
the particular charge made against this man,
that declaration could not be received ; — as
for instance, if he had said to some friend of
his, when I planned this convention I did not
mean to use this convention to destroy the
kins and his government, but I did mean to
get hy means of this convention, the duke of
Richmond's plan of reform- that would fall
within the rule I first laid down; that would
be a declaration, which bein^ for him, he
coidd not be admitted to make, though the
law will allow a contrary declaration to have
been ^iven in evidence. Now, if you take it
so, I believe there is no difficulty.
Mr. Erskine, — In the first place I cannot
help lamenting that I have been throuj^hout
this whole business very considerably misun-
derstood. If I had no other reasonVor it, —
but I have another reason which I will show
presently,— but if I had no other reason, in a
place so very public as this, it is fit that X
should say a few words to the Court.
I agree with Mr. Solicitor General that very
frequently an improper odium falls upon coun-
sel ; no man can cast his eye upon the Stite
Trials without seeing that an improper odium
has fallen upon counsel conducting causes for
the crown, in consequence of that lunnanity
which lias ever been the characteribtic of the
English nation. Thinking so, I did that
which, perhaps, would have been better here-
after : 1 went out of my way, and notwith-
standing my weak state of health, spoke ajt
some length, and with some anxiety, lest
any man should suppose for a mument
that I meant to make any such insinuation
against any of the gentlemen at the bar —
what return I have met with I leave to others
* See this question again discussed in the
Ar^iments and Judgment as to the admissi-
bility of extract!) frum a letter from Mr. Tooke
to lord Ashburtnn, on the trial of John ilonie
Tooke, in this Collection Vol. '25, i>. 1. Sec
also, as there referred to, what loru Ellunbo-
rough said (in the case of l^unbert and
Perry, for a libel *. d. lUlO, i)ost\ cowcAX^'Qi%
the aamiauou oC eN'\^\A« o^ \V^ ^"^t^*
1095]
35 GEORGE III.
Trial of Thomas Hardy
[1096
who have heard it, to judge, without making
any observation upon it, because it is not for
your lordship to redress it.
With regard to Mr. Solicitor General, thus
much 1 have a right to say, and I am bound
for myself to say it, I think that any man who
improperly gives offence to another, very
much forgets the character that ought to be-
long to him ; and if I had given any just of-
fence to Mr. Solicitor General, I should have
been the first man without any complaint
from him to have given him satisfaction for
it ; but on the contrary, I have a right to
complain of him, for when he had asserted
(I took it for granted, from not having heard
what I said) that all the cases I cited were
upon cross-examination, I thought it would
be unmanly in mc afterwards to take advan-
tage of that remark in my reply ; therefore, in
Older to enable the gentleman to make such
observation upon the cases I cited as would
belong to tliem, when he stated that they
were upon cross-examinations, out of a proper
courtesy, and from that which belonged to I
the dignity of the bar, I told him that they !
were on original examinations, and I should '
have thought that would have satisfied Mr. j
Solicitor General that they were so ; for I |
stated in the course of what I said, that I had |
personally collected them, and that they were
on original examinations. After that Mr.
Solicitor General goes on, and with great
emphasis says, I shall still think that they
were on cross-examination ; I wrote it down,
and every gentleman in court heard it ; upon
which I Saul I aver again that they were on
original examination : " then," he said, " I
do not underhtand ihein ;" to which I said
" I sec you do not/* Why I would say that to
any man that ever existed, here, or any where
— if a man tells me that what I aver is not so,
I would say to that man what I will not Siiy
lierc. So much for that.
The attorney-general says that the over-rul-
inj; Providence of God superintends alike the
rich and the poor in this coimtr^', as indeed
it does over the whole world, and he seemed
to be otlended, after 1 had read from the State
Trials, what had been allowed in some illus-
trious cases to noblemen, and some of the first
men in the kingdom, that I should speak,
feeling as I must feel, if I were not worse
than any man whose name is to be found in
the Slate Trial?, feeling something for the pri-
soner;— an allowance ought to be made for
counsel for prisoners, as well as for pri-
soners themselves; that I should make men-
tion of this poor shoe- maker ; — but had 1 not
excluded every idea of offence to the attornry-
gcneral ? Could he think, with the partirnlar
kindness with which I have gone out of the
way to speak of him in the whole of the cause,
could any man think that I meant to bring
back again that odium upon the counsel for
the crown which I had sought zealously to
take off, and which I thought it my duty to
do out nf mapect to the attont^-generalf but
it furnishes me with diis observation, which
if there was, what I think there is not^
against the prisoner, it might serve him ;— -it
shows us how Uttle dependence is to be had
upon words, and how little it is evidence in
high treason what men who are warm will
say, because we who were thus warm, and
who might be imagined to be really disaffected
to one another, are persons who live in social
life together, on terms of affection and regard;
and, therefore, I am glad this happens, be-
cause persons may see how little we ought to
depend upon what may be said by Mr. Yorke,
or any other man, when found heated at a
tavern, or at an alehouse.
This question refers to a period previous to
the time of holding the convention, before
the convention was thought of, in order to
show clearly that this person's opinion, and
that his object in being a member of the Cor-
responding S<jciety, and the secretary, was to
brinnr about the duke of Uichmomrs object,
and by the duke of Richmond's means. If
the Court will put that question I have done.
Lord Chief Justice JSyre. — You may put the
question exactly as you proteose ; I confess I
wished by interposing to avoid all discussion,
because I consider what we are doing, and
whom we have at that bar, and in that
box, who are suffering by every moment's un-
necessary delay in such a cause as this.
Mr. Erskine, — I am sure the jury will ex-
cuse it ; I meant to set myself right at this
bar : this is a very pubhc place.
Mr. Daniel SiMarl examined by Mr. Erskine.
Did you before the time of this convention
being held, which is imputed to Mr. Hardy,
ever hear from him what his objects were—
whether he has at all mixed himself in that
business? — I have very often conversed with
him, as I mentioned before, about his plan
of reform; he always adhered to the duke of
Richmond's plan, and said that will be the plan
that will he adopted in the end ; I disagreed
with him about that, and that occasioned it
more particularly to be marked in my me-
mory ; we disputed about it, and he always
obstmately adhered to it, and stdte<l that to be
the object of the society, and his whole ob-
ject.
Was this said in the confidence of pri^-ate
regard, or in public company, where it might
be said ostentatiously ? — 1 was never in pub-
lic company with him ; he and another person
were with me one night, and 1 have liad long
and frequent conversations with him upon the
subject.
Irom all that you have seen of him, what
is his character for sincerity and truth ?— I
have every reason to believe him to be a very
sincere, simple, honest man.
Mr. Attorney General. — If this had been
stated at first to be the question meant to be
asked, I do not see what possible objection I
could have to it Mr. Stuarty you have befoie
. tokl me, that your society had ngected aU
10971
Jbt High Trtaiim.
A^D. 179^
[1098
correspondence with the Constitutional So-
ciety?—Yes.
Did you know, or had the prisoner ever told
you, that he was an associated member of
that society ?— I did not know it, and I am
very sure he never told me.
Mr. Andrew Stirling sworn, examined by Mr.
Erskine,
Are these the minutes of the Scotch Bo-
rough Convention ? — [Showing a pamphlet to
the witness.]--They are.
Robert Ferguson*, esq. sworn.— Examined by
Mr. Erskine.
Were you a delegate to this convention ? —
Yes, I was.
Lord Chief Justice Eyre. — ^What is this
about.
Mr. Erskine. — I am going to prove the first
convention in Scotland, because your lord-
ship recollects the idea of a British Convene-
tion came originally by proposition from Scot-
land ; it was not set on foot by either of the
two societies in England.
Lord Chief Justice Eyre. — Recollecting
what I do of the fact, I cannot concede that
fact to you.
Mr. Erskive. — We conceive that upon the
evidence it is so, but we will suppose for the
present tliat it was not, still it was a conven-
tion which was held, not in England, but in
Scotland, and the principal persuns assembled
in it were of that country, though upon ge-
neral invitation delegates were sent from
England tu it Now it becomes material in
the consideration of this evidence to make
this observation — the overt act charges this
to be a convention held for the purpose of
subverting the nile, order, and government
of the country. It seems not to have been
sufficiently attended to lately that that is the
overt act, for in the course of the debate that
IS just finished, it looked as if it was assumed
that the ovrrt-act was the holdine a conven-
tion, but the overt-act is not for holding a con-
vention, tor any two or three people that get
together iimy he a convention ; but it is a
convention held for a particular purpose, in
Sursuance of aiiother purpose, which the in-
ictment says was, to subvert the govern-
ment.- that is the charge. Now I think I
have the authority of one of your lordships
since this trial came on, for a proposition
which, indeed, docs not want sucn high au-
thority to support it, that a convention may
meet for legal purposes. Much has been re-
lied upon in tnu course of the argument of
phrases being usi'd from which you shrink
back at this lime, as applicable to France;
the phrases of Citizen — Convention — Honour-
able mention, and so on. Now what I offer
in evidence is to show the jury, as matter of
« See the case of the Eari of Tbanet, Mr.
Fcrcuson, and others, a. o. 1799| in this
Collection, pott.
fact (your lordship regulatinc; the trial ac-
cording to the rules of Kw) Uiat there were
sitting at the time, and had sat before that
time, and immediately before that time, two
most respectable bodies of men, one of them
consisting of delegates from all the different
counties of Scotland, for obtaining a reform in
the Commons House of Parliament, and the
other a convention of delegates from boroughs
associated for a similar purpose. Here again
I bee it may be understood, just as in the case
of the duke of Richmond, that I am not
meanlnsto argue that^ because a convention
was held before that time by persons of any
description, for purposes such as expressed in
that book, and which this gentleman, as a
member, was a party to that, although these
resolutions should carry with them a simila-
rity to some that have been complained of in
this case, that the quality of those that were
complained of is at all altered bv similarity to
those that are not ; but that when we are to
decide what was the intention of calling this
meeting a convention, and to rebut the pre-
sumption that tl^y necessarily must, or might
be supposed to have meant to stand upon the
footing of the government of France, in calling
their meeting a convention, and in having
delegates from different societies, they were
pursuing the same forms which not only had
been before that time pursued, but in ^t
were in the course of being pursued at the
same time. The gentleman now called having
been a member of that convention, the pro-
ceeding of which assembly I now propose to
lay belore the Court, and that at that time it
was a thing universally notorious in Scotland,
that there were associations for those pur-
poses.
Mr. Gibbt, — ^We offer tliis as evidence of
the fact, that there did exist meetings in
Scotland which had the name of a conven-
tion of delegates, at the time Mr. Erskine
has stated.
Lord Chief Justice Eyre.— Is it consented
to on the part of the crown P
Mr. Attorney General — I object to it, and
will state to your lordship why I do object to
it
Lord Chief Justice Eyre,-^! should be
unwilling; to admit it, it it were expressly
consented to, because it would lead the jury
from that whkh belongs to their considera-
tion, into a history witn which we have no-
thing to do. The duke of Kichmond*s plan
is connected with the evidence, and therefore
it was proper to be produced, because twenty
witnesses have referred to that plan as the
very grounds of their proceeding; but whe-
ther a set of gentlemen who assembled,
called themselves bv a particular name, or
what passed in Scotland, or what passed in
Ireland ; for upon the same principle you may
go to that, or to what passed all over the
workl, for any thing I know, but it entirely
tarries us irom the ^vciv^ «xA Voisk vb^ '^'**
1099] S5 GEORGE lU.
Mr. Enkin€.—l submit to the judgmeiit
of the Court whenever I hear it,
Joseph Struttf esq. sworn.'— Examined by
Mr. Gihh,
Where do you live f — At Derhy.
Are you a member of Ibe society there f —
Yes.
What are the objects of that society ? — A
reform in the Commons House of Parlia-
menL
Had you any view with respect to the
other branches of the kgisktiire, eithef to
the King, or tbe Lords ?^No.
Had you, or bad any of the members of
your isociely, to your knowledge, any intent
to bring about that re form by force ?— U dear,
no— so far from it^ tkit our sociely has never
met MDce the pcdtion to parliament was re^
jceled.
Jmeph Struii^ esq. cross- examined by Mr,
Attornty Gcjicrnf.
After the peti Lions to pitrliament were ro-
JGcted^ your sodetyhas not met?— I think
not once.
Mr. Enkinef—l will state to your lordship
thai I also meant to offer another piece of
evidence, in order that I may receive the
judgment of the Court upon its admissibility .
I sh»ll present to the Court all that we con-
ceive it our duty to prc&cot, leaving li to your
lordship to tlcclde upon the admissibility,
winch IS maUcr of law. I was instructed lo
offer to your lordship evidcQce of associations
in the year 1T80 for similar purposes, followed
up by resolutions extremely similar to many
of those which have occupied much of the
attention and consideralian of the Court* I
will not take up your lordship's time with
staling at length the principle upon which I
Trkd of Thomat Hardy [1100
had no connexion, and to which they htfe
not in aoy manner referred , can possibly in*
fluence the present cai^e ; we cannot Mmsss^
into that transaction, or say any ttiiog liWt
it*
Mr. En^ine.-^Mr. Sheiidmn, ms your lord-
ship very well ktiowsj is a member of Uie House
of Commons, I will call him to prove, tliatbe
was about to bring before the House an inquit^
into any consp imcy that there might beafWt
tbe government upon this subject oow uudef
examination ; that he saw the prisoner at the
bar, and had communication with him loo^
long before the papers in hia custody irti«
%evm^^ which are no%v turned into CTidfaet
against him, as papecs found clandestio^ljm
hts custody as a cruiitnal. I catL Mr, ^at-
ridaii to provc^ if the fact be 60^ that Mr.
Hardy oftertd to come forwrard to give lU
assistance, to lay every thing votanlauilj^
fure the parhament m e stain i nation of lift
matter^ winch has since been n^ade the ^
je€t of inquiry in a court of criminal juslicfc
I produce this evidence because it a&b(^&
presumption of his innocence^
J?icAar(f 3rinddt.^ Sheridan, esq, swont—
Examined by Mr. MrMkim,
Do you know the prisoner at the bar?— I
saw the prt!!<oiier once, and but once, I thibk,
to my knowledge.
When was that ?^I think in the begiasm^
of the month of March, 1793.
Upon what occasion waa it that you »•
him? — 1 hud given notice in the House of
Commons that I intended very shordy to
bring forivard a motion, the object of w'hidi
was similar lo that which was adopted ifi tbe
lai!it session ; namely to propose a committee
to inquire into the seditions or plots, and tte
general pruceedings of the satieties which
1101]
Jar High Treoion.
A. D. 179*.
[1102
cordingly came to me. I took the precau-
tion, not certainly arising from any thing
that I heard of the character of Mr. Hardy,
to have two gentlemen present at the conver-
sation, one of which was Mr. Stuart, who
was lately examined; I showed Mr. Hardy a
Sublication which had been delivered at the
oors of the House of Commons, and of the
House of Lords, reporting the proceedings
and the addresses of those societies, and
giving a list of the different public houses at
which the societies met ; he went over that
book with me, and complained that it calum-
niated the society be oelonged to, and its
proceedings
I/)rd Chief Justice Eyre. — It is not auile
regular to go into a general narration, which
mav introduce a great deal of matter which
will not be evidence ; the point you are called
upon to prove is that Mr. Hardy, upon your
conversing with him, offered to assist you in
disclosing every thing he knew, and to assist
you in brmging forward the inquiry, because
as to his declaration beyond that it may not
be evidence.— I certainly will confine myself
to that ; — I should say that Mr. Hardy ob-
scn'cd that the information apparently ob-
tained by government was extremely accu-
rate; that the places mentioned as their
places of meetings were extremely correct;
he afterwards said that the object jof the
society was very much mis-stated, for that
they had nothing in view but a parliamentary
reform according to the plan of the duke of
Richmond.
Lord Chief Justice Eyre, — Not what his
conduct was upon it — ^his opinion.
Mr. Erskine. — What his object was upon
it?
Mr. Sheridan.^Mr, Erskine stated the in-
tention of calling me was to that point ; but
if I was misled in adding something to it that
was not evidence, it was from the fact of a
witness just now at the bar having expressly
stated that circumstance himself, as naving
passed between him and Mr. Hardy.
Mr. Erikine. — I should not have presumed
to have asked Mr. Stuart the auestion. What
was the object of the society r without your
lordship's permission, but he said that Mr.
Hardy declared his own object, and that of
the society to be, a parliamentary reform upon
the duke of Richmond's plan.
Lord Chief Justice Eyre. — ^The declaration
of the object of the society, and how it was
to be pursued, may be a verv different thine.
Mr. Ertkine. — What did he declare the
object of the society to be ? — ^I'he whole object
of the society, and his own object to be,
obtaining by peaceable means, a parliamen-
tary reform upon the duke of Richmond's
plan.
Will you be so good as state what assist-
ance he offered you ?— He went through the
list of these places, and upon my interroga-
ting him, certainly not presuming that he
was bound to answer the question, upon
t
asking hnn the fact, whether these societies,
having been dispersed, they continued to
meet at these public houses; he declared they
did not; that in consequence of this publica*
tion of government these houses considered
themselves as marked, and stating that their
members were not persons who spent much
money at public houses, that without much
reluctance the landlords of those houses had
refused to let them meet at their houses. I
asked him if they still continued to meet, he
said distinctly that they did ; that he knew
they were watched by government, and had
no objection to its being known that all the
societies continued to meet in private houses,
and he had no objection, he said^ to give me
the list of the houses where they met, for my
information, and that I might read it, if I
pleased, in the House of Commons.
Did he know at this time that you had in-
tended making a motion in the House of
Commons upon the subject ? — I told him that
distinctl V ; I took down a great many of the
private houses where he said they met; I
dare say I did not preserve the paper, but I
had it in my hand when I moved the next
day in the House of Commons for a com-
mittee to inquire into the conduct of these
societies.
Whether in stating the pursuit which par-
liament had in vie^, he offered you any far-
ther assistance that might eventually be ne-
cessary in the investigation of all that in fact
had been done? — He offered me every assist-
ance and information in his power— he of-
fered me a sight of the whole correspondence,
copies of all nis letters, if I chose it, and ex-
pressed an eager wish that my motion might
oe successful for an inquiry into the conduct
of these societies.
I observe you have been present during
most of these proceedings ; I wish to ask
whether he offered you a sight of those
papers which have been seized, and you have
heard read here in evidence. — He offered me
a sicht of the whole of his papers, and every
booK in his possession.
Was that in consequence of any demand
of yours, peremptorily as a member of parlia-
ment, or a magistrate, or was it a voluntary
offer on his part, considering you as a private
member of parliament? — Certainly a volun-
tary offer, appearing to me to arise from a
very sincere wish, on his part, that an inves-
tigation might be instituted.
Richard Brindtley Sheridan^ esq. cross-ex^
amined by Mr. Attorney General,
I understand that this was in the begin-
ning of the year 1793 ?— I think in March,
1703, I made the motion, and I am pretty
confident this conversation was the very
evening before I made the motion.
Did 1 understand you right, that you show-
ed him some book ?— 1 showed him a book^ ^
publication supooscd to ^tw:it^i^i\w!i\>icv^v^«*»"
IIOS] S5 G£ORG£ III.
bers of both Houses, and which be complained
▼ery much calumniated the proceedmgs of
these societies.
He (lid n^t offer to show you a book that
was a Journal of their proceedings ? — He of-
fered to show me the wnole of the papers and
books of his society.
Do you take upon yourself to say that he
offered to show you books, .or a book, ur any
Journal ? — He offered in general to give every
information as to the proceedings which he
could give; he said he had no concealment,
that he wished to show me any papers, books,
or proceedings of the society; I cannot recol-
lect whether he said a book or books, but I
must be understood when I say he offered ge-
nerally to give me every information in his
power.
I understood you that he meant to give you
all the written information that in the begin-
ning of the year 1793 he could give; but I
have an important reason for desiring that he
may not be prejudiced by your recollection,
when you state the word Juurnal or Book. —
Did he offer to give you the correspondence
and a Journal or Dook ?>-It is impossible for
nie to say that he used the word Journal, or
whether he said Book, or Books ; but I am
positive in the recollection that he offered to
show me the papers of the Corresponding So-
ciety.
No Book or Journal of the Corresponding
Society has been produced ; I wish, therefore,
to know whether you mean yourself to say
that he did mention the word Journal, or the
word Book, because I wish if your recollection
is not accurate to the word Journal or Book,
that that expression may be dropped, inas-
much as that expression may give rise to an
observation? — I have just distinctly said that
I am not positive whether he said Journal
or Book, but his offer was to show me all the
paper.s and other correspondence, and to con-
ceal nothing from me; how he made that offer
I cannot expressly recollect, but the impres-
sion on my mind was that he meant to with-
hold nothing from me, but to give me what-
ever materials were in his power, whether
books, journals, or whatever they might be.
Lord Chief Justice Eyre — \ our first ex-
pression, as I have taken it, was " the whole
cor^e^pondence?" — The whole correspon-
dence.
Lord Chief Justice Eyre. — I do not know
whether Mr. Sheridan used the word ** Jour-
nal.*'
^U, Attorney- General. — Mr. Sheridan did,
and I rather doubled whether that was from
general recollection, or precise and accurate
recollection.
Mr. Sheridan. — I made no note of tlic con-
versation ; 1 cannot be accurate as to the
terms, but must be understood when I say
that his offer was to put me in possession of
all the papers, and to give me every verbal in-
formation.
v-^.. fy^i jjQ conversation iwith Uiiu about
Trial qfThonuu Hardy
[UOk
pane's publications?— I do not think & syllsr.
ble passed upon that salject.
I understand you that he invited your mo-
tion in the House of Commons, which would
have given authority to the House of Com-
mons to bring all bis papers before it? — ^Un-
questionably.
He knew you were a member of parliament,
and invited your motion upon that subject?-*
I stated my intended de.<^ign to him, and that
I hoped it would succeed.
Are you a member of the Constitutional So-
ciety?— I do not know whether [ am or not, I
was an original member with the duke of
Richmond ; I do not know whether I have
formally withdrawn my name, but I have not
attended since the year 1783.
Fhilip FraneUf esq. sworn. — Examined by
Mr. Erskine.*
Do you know the prisoner at the bar?— I
do not recollect his person again, but I have
seen him twice.
Upon what occasion was it that you saw
himr — I recollect that I have seen him twice,
and I believe that is all. The first time at
bis own house in Piccadilly, in consequence
of a letter, or some information which he com-
municated to me, that it was the intention of
the society, of which he was the secretaiy. or
to which he belonged, to return me their
thanks for a speech concerning the reform cf
parliament, which I had made in the House
I of Commons, and I think I am pretty accun^
I in this, that it was their desire to have printed
the thanks of their society ; I went to him
to tell him 1 was satisfied with their thanks,
and wibhed them to decline printing ;— that
was the first occasion of my seeing him.
When was that? — In the beginning of the
year 17<J3. On or beiorr the 6th of May, 179S,
he was sent to me as secretary ot that society
to which he belongs, to desire that I would
present a petition from them to parliament
upon the sul^ect of a reform in parliament,
and he desired that 1 would permit him and
some others, who were to act as delegates, or
who were deputed from the society to me, to
come to my house, which they did- I desired
to sec the petition of course before I presented
it; they brought the petition; he was, I think.
rather the spokesman; there were four of
them, Mr. Margaret was one, and there were
others whose names I do not believe I ever
knew. I read the petition; I said as to the
form of the petition, it seems perfectly re-
spectful to the House of Commons, and tnink-
ing it the right of the subject, upon all occa-
* See, in the arginnents which were had
on Thursday, Noveniber the 20th, of this same
year (in the case of John Home Tooke) infri,
concerning the admissibility in evidence of
extracts from a letter to lord Ashburton, which
had been writteq and published by the pri-
soner Tooke, some observations lespecting thr
. scope of thu ezaounation*
1105]
far H^ Trfismu
maoBf to prtUioi: the House of Comtnon^ or
•nyolhcrbrn— ' '^'- i.. .1,..-,. 1 1. .| ^lo
ob|j€ctioa ic- .1
toldtlR'ni ] 1 i* y,^^^., uf
the pctitioiif and 1 hem ttmt I must
B,t tnr v:nnr liiii Iiv* n r! \\. declare
ni r *»*' il,
of which Xkwy coitifibn ! - of the
petilion^ tthould be b) u |>eopIr
of this country what ihwy cal^
ropi^fWHtflhon according to ihe jil
h\ I Old,
, wanted was according
loa i>L ' "" : ■■ ' T '.! at-
cditu S
the utmost diMp^JTubatioUf aaid I told them
thiit if 1 did {M<fsc!ut ttic petitior»y they oitglit
to know that I »»i^iould ut the f^mc time ilc-
cXbx^^ ftA I did wilt II I presented it dcchirc,
lluA I had iH lo with the prayer ui it,
not that it V but tljdt iu my ide;i it
Mr 1.
It) to you a petition which you
libti|U£h£ pcjf fiN 1* zai, hut the prayer of
whicb for tin:\Mv[l '•uifrage did not agree
^ifT. f^rivate opinion; wh;it was Mr,
II u-er to tliat? — Mr* Margurot was
ll ' . ^. _ ,n^>re than Mr. Hardy;
1^1 lit, and 1 periecliy rc-
BiL^.^., , , . .* .. ..^lice uJ it iu speaking of
illii«Mtter, that AJr Unrdy «>ecined a tnu^
f«marVLtl>]v rr .i-nii;i!ifr ouiri inuu ; when
9Y Iv tne so both
til* s ihop. Upon
SlSltng theM? uhjecliou^f Mr. iVJargarot Hnd
the other two were very ready, nud their
readineiis surprised mt% in nnuntainuig the
arguments thiit might be urged on the part
ofunivcf!*al rcpre»enlati<>n. I exprcsijcd my
surprise thiit men of thctr runk in hie should
li;iv. '' - --.' ' ' - ■ -^ " ' " I'tey
^^ ■ \v-
aij opinion might be,
JQ^thl i)d
stmtJTi^'. ' , ' ^ ' '' . .■ 4 ' :\^
petition to the Hou<ve ou^ht to leave the re-
roedy, whatever it mij;ht he, in general terms
tci itj of the Uou^c; and thiit even if
I 1 vL'd their idea of ijniver*«nl rcprc-
•enUtiui^ 1 shouhl h»vc n*^ d them
tolcAVc the pruve-r of their j ^ ru in ix
IpBOmf ^ 1I that lur tlicir part, I
StHlwt < it u|Kjn himitelf when
hdaaici ' : " nf ihc quitl-
uet»f li of the man,
•« ^••-' >u»d in return
V' icy had not known
in iiLii < fit it. I have
h
whtcii .a au;ur«ie con^^miii^
tbem; wheal wmjioilM upon
to menliun ihiiiu ^t « nuwlmg of our cwo so*
VOL. XXIV.
_^£_
A. a 1794- [11
dety ; I mention that only to acrvounl for Irc-
ing so ' 1 ^"^ ^ ^ *^ - -- '^onythey
liad t 5, thttt it
would ..«.v w^_.x .x.v.,..^j^.., .V, ;Uem whe-
ibcr they f^liould have s^lated the priiyer as
they had done^ or left it open; hut that now
they could not alter it, bei uuse the petition
was already signed by a great number, 1 believe ^
nine thousand ; that it mubt be presented that
d:iy» the 6th of May, becaufec on that day Mr-
had given notice of his motion concerning
rm of parlian*enl, aiid it wa^ indi^pensa-
|jiy necessary it should be presented tlial day,
that made it Impossibtc they couJd alter the
prayer of tlie petition, bcin^ signed by great
numbers. I said very well, they knew my
thoughts upon the subject, and if they were
conlcut that I jihould present their pelitioUp
making that declaration concerning ihe
prayer of it, I wa«i ready to do it ; — accordingly '
I did so, and stated to the House my objee-
tion to it.
H^d it not been that the forms of the
House would not admit uf the time, did there
appear a readine^^s and w lUingnetsS to have
made it conJormable to your recommenda-
tion?— Yes, remarkably so; and I was very
glad to have that to state to the House.
Pit Hip Franciij aq. cross-examined by Mr.
Attorney-OtntruL
You have said that tliere was a remarkable
readiness to have changed the pr-iyer of the
petitioui if there had been tmie enough?^! ^
ihouglit so.
Had you any reason to believe (indeed t
am almost ashaiued to a^k the queHtioii)~hacl
you any reason to believe at the time that
they waited upon you with this pc^tttion, that
tbey had no anxiety at all about the success
of It ? — On the coiili ary, they scrmcd very
eager about it. There is a circumstance
which 1 do not know whether it is materiaU
Mr, Hardy told n)e they had ajjkcd Mr. Fox \Q I
pn**>€ut this petition, and that he had de-
clined It, because he was an enemy to uni-
veiMal suffrage.
I believe that was mcuiioned in the letter 1
to you?— And that Mr Fox liad declined it
because he disiigrccd with them in the prayer
of the petition.
Then in cfiect, m it struck your mind, they
appeared extremely desirous that the petitioa
should be prcM I were extremely wil-
ling that the pi I J be altered jiccord*
in^ to your idcav, a time would have per-
mitted ? — They were extremely desirous t^ i
have It presented, and very ready to have iell
it generally to the wisdom of the f louse, I J
am ^>r"M^' "-'tre, indeed I am cert^" »h^t
they part*, would have i
wch t . 1 to have left it so, it , i
been soooer apprized of the lurtna of lb9J
House.
Ttiey held the bogua^ then or
airousto have a parminentaryretoL
extent the wiAdota oi i^XvKmi&'^v <swi^ .^'^'^
f 107] 35 GEORGE IIL
it them, aod not to uie a language which
amounted to a determination to accept of no-
thing less than universal sufirage and annual
parliaments ?— They did not give up, as the
object of their wishes, universal sufirage and
-annual representation, but what they were
ready to give up, and did give up, was, to
ehaiu^e the form of the prayer of their petition.
I £re say they did not exnress to you their
determination Uiat they would accept nothine
ftom the le^slature but universal sufirage and
annual parliaments f — Certainly not — I would
.not bive had any tbing to do with them if
they had used that language.
I think vou said they had determined to
print their letter of thanks lo you?— That was
sometime before.
, You told them jrou totaHy disapproved of
the method of universal sumage and annual
representation ?-— Yes ; that was on the 6th of
May.
Did you happen to know that they had
published what you desired should not be
pubHshed, toaether with a pretty strong letter
preceding, which I will snow you^— No; I
do not think they did at all publish it, at least
not in a newspaper.
Please to see if ^is is an accurate copy of
the answer vou sent them P— [showing it to
Mr. Francis. J— I believe it is.
Is the letter which precedes it the letter
^u received before you presented tiie peti-
tion?—I dare say it is, but I had totaUy forgot
the letter.
Have you any doubt about it ?— No, I have
not; I see now plamly that they had totally
mistaken me.
[It was read.]
''A Letter of Thanks, addressed by the
London Corresponding Society to
Philip Francis, Esq. M. P. for his
ABLE Speech in Parliament, on the
tenth of April, 1793, upon the Stock-
bridge Election Bill ; together with
his Answer.
*< A Letter of Thanks, by the London Corres-
ponding Society, to Phirip Francis, Esq.
«< Sir ;— The Committee of Delefotet of the
London Corresponding Society, having perused
with considerable pleasure your truly patriotic
speech of the 10th instant, in favour of a ra-
dical reform in the representation of the people,
think it incumbent on them, as friends to re-
form on that broad basis, for which you have
80 ably contended, to return you their sincerest
thanks, and to eipress their obligations for
your support of a cause, to which tneir every
exertion has long been devoted. United as
we are upon the firmest and most patriotic
principles, and with the purest of all [wssible
intentions, the good of our country ; it gives
us the most heartfelt satisfoction to see that
those principles and those intentions are not
confined to ounelves, but that there yet esisto I
v'v ^-«iSuaTXA£AnuoT9.whodam
the ciiue of Ut oomtt^r^ tiA
TridttfThmmHarAf [llOt
plead for the peo|deln the ftoo of cotNflioB.
'< Too lonK haa the cause of die ]MC^ lea*
guished; influenee, interest,«r prgiidke have
preclud^l knowledge from the aenate; or if
not' precluded, nearly overpowered. The
people have seen irith sorrow their hamMHSa
disregpded, and their rights nndefondeac the
opposition of pditical warfore baa beentfaa
eflect of party, and the exertion of ability hii
interest tor Its stunuhifl.
^ Roused fimn its torpor, the aaAioo has si
last begun to think fok itvilf. Sjitcitts of
communication have been fonned, and ma*
diums devised to coUeet the public voieerf—
Mediums independent of influence, or comp*
tion: such is our sodety ; and from that so-
ciety, you, ^r, are requested to accept the
thanks of an obliged body of men, whidt
knows equally how to value its rights^ and
esteem the supporters of them.
We have but to wish that from ezertioni so
able, so dismterested as your*s. the cause ef
the people may be tmpafita% debated m pii>
liament ; and we trust when that is the cn^
the distinction of party will cease, and a pv-
liamentary reform take p&ce upon the gwcnl
ground of equal right
Should our hopes in this respect prove dmu
tive, it is impossible to say whm may end
that spirit of mquiry, which haa gone forth
among a people, who have not fo^ot that thqf
are entitled to freedom, and who cannot tamdgf
see themselves plundered of their r^te.F-We
are, Sur, with sincere respect, your higihl|y
obliged, and very humble servants, for ths
committee of the London Corresponding So-
ciety. M. MARGAROT, Chairmsa
«T.HARDY^ Secretary.
" April 81st, 1793.
Philip Francis, esq.,
St James's-square."
'^ St, Jama^S'tquare, April %9d, 1705.
** Gentlemen ; — ^I received with ereat pleiK
sure the favour of your letter, and acknow-
ledge it with many thanks, which I begyoa
will express for me to the committee of d«e-
gates of your society, and to the society at laigr.
** With respect to a parliamentary refonn,
the utmost that can be done by a few indivi-
duals in the House of Commons, and all that
can be expected from them is, to tsike eyeiy
fovourable occasion to agitate the questkNi,
and to bring the subject as often as they can
into public view and discussion.
" If the people of this country in generil,
were as hearty and diligent as your society, in
supporting the measure by d^laratioaa and
petitions, I should havelitUe doubt of its suc-
cess. Without that support, success is ioH
possible. On my part, you may be sure that
every thing in my power shall be done to ob-
tain it — I am, Gentlemen, your moai obe-
dient, humble servant, P. FlutfGB^
" To the chairman and eecrelaij
of the committee of deky tea nf
the London Gooeipeiidns te*
ItOS]
Jiff High Treason^
A. D. 1794.
V ' JO
Mr, DrilfW.— Tit*-
which I *l
nity of 11
done, lit ,vt>u bad the
world to beli'v *' * »
suiiigUitfirohi
to Ihcm Ihm
reading ihb kder,
\ ou wuulu have
cr you have
ison in llie
' .jpic were pur-
lin as are charged
:dy answer is in
^Deral ,1 vvd.!v not very ambi«
liousof t j ,l*d noi wish tociuer
into any argimiciit with them ; most assuredly
if I had tliought that they had any other
views but to uotain a rcfomi of parhament,
and that in u proper way by apphcation to
pftrliamcnt^ and by iu»tmctions from the
peoolc to their representatives, and such
modes as I conceive the laws of ihisj country
to authorize ; il i had conceived them to have
had any other object, I siiould not only have
abstained from corrcspondiaig with therat but
liavc con^^idered them U5 very dangerous
men. I thought them very much mistaken
and absurd upon tite point, but I did not enter
into an argument with them.
Mr* £rjA-me,— The evidence on the part of
ihc crown has been divided into two branches
—Erst to prove by the language and writings
of those who have been meniDcrs of diderent
societies, what their objects were. Secondly,
to see how far the prisoner could be legally in-
volved in these objects. In con^querice of
, that, many writiugb and declarations of Skir-
ving and other>, who were delegates to tFie
convention at Edinburgh, have been given in
evidence; what I propose to prove to your
JjgJiibips is, that lord I^uderdale, a peer of the
^^■m, as your lordship knows, had a letter
^^BUen to nimi requesting^ him to accept the
' office of delegate m the British Convention
^ one of Ihc societies comprehended in the
^_ ; of this conspiracy. Il would, therefore,
^cry unreasonable to suppose that their in-
lion waJ» to d&stroy the honours of the
cman to whom this letter was addressed,
lour 1 - ' ' think it evidence I will oiFer
It J 26th of October, just be-
\ th^ i,*..>,, X. onvcnUon was held,
right honourable earl of I^uderdak
sworn. — Examined by Mr. Enkmc*
I wish your lordship to look at that letter
- ving It to his lordship] ; did you receive
*i rtjceived it just at the tmic it bears
i\6 ymif lorrf«hip know at that time that
^ otion, as it wai called, was
^"
i.lcd?*
ppcrsixtuj vQur l
? fordid;
-I certainly did.
in
ijuie that the
L BucR'tieti ui England^ and also the dif-
Qcictie^ m ScoUsind, were sending
1 to this society t^^YQUf 1 was.
Did you give any answer to thai letter ? —
Yes ; I wrote an answer.
I cannot ask what the answer was.— Did
ou see the persons who brought the letter ?—
o, I never did ; I saw the secretary, Mr*
Skirviog, antecedently to having received this
letter, and I rather suspect that the offer was
made to me in consequence of the conversa-
tion which passed between him and me. Mr.
Skirvin^ then wrote to Mr* Stuart, requesting
the Society of the Friends of the People to ap-
point a delegate to the British Convention.
I believe Mr. Stuart's answer, wliich has been
since printed was, that the society not meet-
iDg at that time, il was impossible that tliey
could appoint a delegate, but he dare say that
any thing I should do would afterwards be ap-
proved by the society; an answer I thou«tnt
rather extraordinar>\ Mr. Skirving call
upon me several times, and pressed mo
take up this idea of Mr. .Stuart's ; I objecte
he pressed it upon this ground, thai if men of
education would come amongst them, il might
prevent them from falling into absurdities,
which otherwise their keenness and eagerness
might lead them to. I declined still to attend
upon the ground that Mr. Stuart had pro-
posed ; I suspected he had got them to make
this representation to me. This letter was
written from a Mr, Molfatt, whom I have
since known, because he acted as private
agent for Mr. Muir and Mr. Palmer*
Is he a man of character? — I then knew
nothing of him ; — I have seen a great deal of
him Jiince that period, and I never knew a
more liumane mao^ nor, I believe, a better
man.
From any thing jfbu saw at the time these
appUcatious were made, had you any reason
to believe or suspect that the members of this
convention were called together to assume
the iK»wer of government i* — ^I'hc language
was quite the reverse among themselves, that
their plan was universal sunrage and annual
parliaments.
Was there any thing that led you to believe
that that was to be accomplished by force and
violence, overpowering and overturning the
diifcrent branches of our government P— Cer-
tainly nothmg of the sort.
I put it in the most unqualified wayf— ^
certainly not.
'The right honourable the carl of Lauderdale
cross-ciamincd by Mr. Attorttrtf GcncraL
Your lordship had not heard of a letter that
Skirvmg had written to Hardy in July, 1793^
that ha3 been re^d m evidence ?-<' At that time
I had not
Nor any of those other letters .^^ — ^No.
Mr, isr#Airie*.— VViil you give mc leave to
A-i "!^ 1'"^ > Mulerdalc what change of opi* '
J 1 have made upon him ?
1 _x y GcncraL — That li for \ht
jury.
Mr. Enkinr^Al ii for the jury both ^
llllj S5GE0RGB lU.
ship had seen these letters, his opinioii would
have been the other way.
[A letter read.]
** My lord ;— Permit me, in name of many
of the members of the society of the Friends
of the People in Portsburghy to have the
honour of proposing your lordship as a dele-
^te to the ensumg soieral convention.
jLnowing of your lordwip's being hi this
country, we would be inexcusable to our
fellow-citizens, if we did not solicit this favour
fh>in a man to whom they look up with affec-
tion and confidence. — M^ lord, I have the
honour to be, your lordship's most obedient,
and most humble servant,
William Moffatt, secretary.''
« Horn VVyud,
Edin. 96th Oct 1793."
Mr. Er$kine,-^My lords, I have now closed
the defence of Mr. Hardy.
Mr. Attorney GeneraL—Befort Mr. Oibbs
goes on with the defence, there is a letter
nom Ashton, of the 26th of May, 1792, which
I wbh to have read; it was meant to be
read, but was forgotten; it is by mistake
dated 1797.
^ SktfiM Soeidyfar CmutHnikmal Is.
formation,
^ Mr. Adams ;— Sir ; Your favour of Srd
pit came duly to hand, the acceptance of our
twelve friends as members of your's, is highly
satisfactory to this society, aiul I am directed
by them to request you will be pleased to
present their sincere thanks to your society
for their affectionate regard for, and honour
conferred upon the members of this institu-
tion.
'' It is with pleasure we congratulate you
on the rapid progress of real and useful know-
ledge, and tne dissipation of ignorance and
error from amone the general mass of the
pe(»ple. Knowledge once obtained cannot be
obliterated » but bv the loss, or abuse of reason :
truth once f&irly discovered and substantiated,
cannot be defaced bv the sophistry and ^dckcd
designs of artful and crafty men.
"We are happy to inform yon that the
number of our associating, or ticket, mem-
bers, keep increasing, are now about i!S,400,
but they have not increased of late in propor-
tion with our worthy and respectable friends,
who (altho' they do not associate with us as
an incorporate body) have manifested them-
selves in a way of respectability, adding
strength and support to the undertakings of
this society, and to the cause in general.
" On Saturday last, 19th inst. we received a
packet of printed addresses, resolves, &c.
mm the sOcietjr (Freemasons tavern) which,
on mature consideration, we find ourselves
not so well reconciled to the ideas they convey
to us as we could iqpish, if they had appearea
in a (Gfiiu!Bnt point of ti^, nor 46 Hmj dferd
oiiNfcft «ittierii:f iprdftf^lBIIMiii^
Trial of ThmMtHwrdg [HM
hensive mif^t be eipected firom an ■Morialioa
of so respMable a body, under the h%li deno-
mination of the Friends of the PecMe. In
our opinion, their answer of 19th ust, to
your letter of S7th uH. n no ways <
with that appellation; from the known 1
taUlity of many names which appear at _
them, we had entertained great fiopesof thrir
real use in obtainhig a thorough retom open
the prhiciples of the Rights of Man, which
can never be accomplishied, until eveiy OMfl
enjoys his lawful and just ptivilcttes.
" Previous to the reception of this packet^
we did communicate to tnem, by letter, Ibt
pleasing hopes it reflected to m, on kwkiBg
forwan^ viewing such respectable clnnclcis
signalizing themselves in support of As
people's riehts, agreeable to tho above pria^
cities, and the denomination by which they
have entitled themselves, &c. In due course
they would receive our letter last Thundsy
se'onight, and in consequence we apprehend
the packet was forwarded to us on the ssme
day, but without any written comikiimicatioa:
we sh^ not attempt any farther communica-
tion with them, until we are favoliral with
your sentiments upon the subject, or until
matters of doubt which we at present colertaiii,
be removed.
" We also received a packet IWMn the
Friends of the People, Southwark, and they
have our hearty concurrence and best wishes;
we shall in a day or two forward our re]^ ts
them.
"We have also been fiivoured with sa
affectionate communication finom our firiendi
and fellow labourers at Manchester, and from
several other places, who are about to fonn
themselves into societies ; Birmingham in
particular claims all the assistance from esi^
olislied societies which possibly can be admi-
nistered, there are great numbers in that pUee
friendly to the cause of the people, and we
hope (notwithstandhig the late traeical trans-
actions^ if pnident methods are adopted sal
pursued, the people's attention may b€ turned
to their ovm mterest, and the mouths of des-
pots and ranting bigots stopped, which is, and
must be the sincere wish ot everv real firiend
to the peace and welfare of mankind. I am
most respectfully, your sincere friend,
« Sheffield, ** SAM. ASHTON, secrctsiy.
May «0, 1797. Carapo-lane.
" Hopes you will excuse for troubling you
with the inclosed.
" N. B. Our worthy friend, Vicinus, b Mr.
John Payne, of Ncwhill, near Sheffield, and
one of our friends whom you were pleased to
accept as a member of your society.''
(Addressed) " Mr. Adams, TookeV
'* court, Chancery-lane, London."
Mr. Gx6fts.— May it please your Lordships;
— Gentlemen of the jury ;* I need not stale to
• Here Mh Oibbi iUnted^; but In a fe«r
nunutes hivuig tacovtfsi; hefiwMML '
^1 %h» mtitiety tbftt 1 mutt necessarily fe«l
Vbj the weight
lity abilities of
! t<jujri niiriil^ support hlUK
, il 1 csin, I will cjo my duly to
1 lAn iit il»e bur ; if my slicnglh
l;o Uuoiigb the defence which
Ivt „.. L L.tkcn, I will defend him; it is
ot a vnhh toHp:ire my own strength, it is not
wish to %\iATC my own health which hus
ifcrpowcrt'd me, but it in because I huve felt
His catiHC lu<» •^rratfor mc; 1 have felt myself
Dcapablc (»f comprehending^ in my mind, the
a5t mt»"=^v fit evidence winch the crown has
prmln 4 ihib mwi. No time which
the (I of tlic Court hiu» allowed me»
inuiisiry or my own (in which, I assure
fou, L Imve not failed) haf enabled me so to
i^ive^ in my niind, this vast cause, as to
K it intelligibly to you ; for so, and so only
tiutere^t ol th*.* prisoner^ and public
|uire that it should be stated.
eHy you will remember that, in the
, it look the atlorney-gcneral nine hours
' to open this case ; h length of speech
uf; the annals of this kingdom do
1 instance of a prosecution founded
, to many complicated lacts, drawn out of
flucha tangled web, that less than a speech of
nine hours could not render it intelhgible to
the jury^ nor explaiu to them by what mode
of reasoning tl was meant to bring the imputed
charge home to the prisoner.
To suppose that the attomey-grncral has
ated his case at greater length, or burthcned
\ with more evidence than m his jud'^tnent
iras necessary, would be casting mi unworthy
etlection on him, llis known character
cnders it impossible. The prosecution i I self
Bust be tliought to have required tor its sup-
&rt this mass of evidence, which it is out
Uty^ a9 counsel for the prisoner, to obserro
H>n, but impossible, in the time allowed us,
> understand- This it is that weighs us down.
"•—Remember the situation in which my
Jearncil fnend^ Mr. Erskine was ; you saw
bow even he was oppressed by it ; it was not
BOMible ^or tjunian iibiliiy, iind I feel it so,
Mcau&e it was not pot»sH"Ii' f.^r uu vt if,.ii,L-r
nf l» repel a chur^e dr
liiiii?. till of such a c • ,
■ k* for the abiiily oi n
1 iinbrrtce, ui tun mn
1^ him to lay before you a iaix
I'risoncr.
Oi'iultaicn, Hi order !<► it I Ka%'c
\ iu^tirrw Ui v«»« Mf»on thi^ i» Ihgiblcj
I c to you
ctto he,
o« *
liiifi
: t&ct or iiicXbf whurh, in imw, auiount ti»
5 of J
ned
ncQ^H
hedH
troaaOD ; and you ure liotiml to inquire of
nothing that is not i ' ' i r ^ett* ~
The chareeagaiji 'iier is. that]
' ~ ' '' uL^lh, and that, for
1 It design, enltTtained
u,.*.i* > M- ^ ...., Ui to execution, he hatj
done certain acts seated in the indictmen
The trea**on charged is, that he conipass
the king's death; the means by which he i
stated to have endeavoured to effect this i
jH*se, are,
First, **That he, with otiierg, met, and
conspired to procure a convention and meet-
ing, Willi uitent, and in order that the persons
to be asseniblcd at sucli convention and
meeting, should and might, wickedly and
traitorously, without, and in defiance of tb
authority, and against Uic will of the purlii
ment of this kingdom, subvert and alter, an
cause to be subverted and altered, the Ugtslj
ture, rule, and government, now duly an
happily established in this kingdom, ami
pose, and cause to be depot>cd, our said lo
the king,"— Tluit is the lirst overt act stated I
the indictment; it id not necessary for met
state the other overt acts relative lo the coll
vcntion, because in reality their tendency i
the same ; it only stales Ihe different mc
Ihey look in order lo procure thai convcnti<
the ultimate end of which the charge state
was to accomplish the; king's death. ~'
are other actn charged, olating, that the defei
danl conspired ** to levy war against the kini
for the purpose of deposing hint."' Anoth
chiirgp i», that '* they did meet, conspin
consult and agree umong them»ielves, an
wiih divers oilier false traitors, whose nan»<
are to the said jurors unknown, to raise, lev
and make insurrection, rebellion, and
within this kingdom, against our said lord tb
king." So that you see the charges, slated f
the mdictmcnt, against the prisoner, are the
— The first is an act of his mind, that
comnassed the death of the king. The m
is, tnut, in order to carry into execulion tfa
design, to destroy Ihe king, he did cert
acts, slated in the indictment, which acts i
iiJlegcd to have an immediate view ol dep
ing the king ; and from that immediate vie
of deposing ihe king, you arc desired to i
that the uttimatc object was to accompli
the kin^N death,
I his iudiclmenl is founded upon tbealatui
of Kdw.ird the third, upon which my lear
friend iugued very ably and elaborately, Y«
obstrvc that, be lore this *tat4ite, dilferrnt i
nioiis had been entertained as to what w«
and what was not treason ; and men
been drawn into the penalties of Iremsi
:1if*ul suspecting that they had inc
etafoi
i he stalulc recites, ** that diver* opinii
had bepu enlerlHined in what C44»*e t
^]i:.il i>r v-iid^ hikI in uhiit not; an<l ihr
at the re nuest of the lx>rd*, and
iimonsj mate* « deckratioA •f w
nhalibe trea&uti*, WmV\&>A^^^ ^m^ifc^^
Tried of Thomas Hardy
[I1I0
II 15] 35 QEORGE lU.
doth compass or imagine the death of our
lord the king, or our lady his queen, or of
their eldest son and heir, and thereof be
provably attainted of open deed by the people
of their condition, it is to be understood that
in that case it ought to be judged Ueason,"
that is, high treason.
Then the statute goes on with a declaration
that nothing but that, which is precisely ex- ^ ^
pressed and specified in the statute, shall be it, but I will only endeavour to bring liick
king's death, but that must be proved to a.
jury by his acts, and on that pert of the rta-
tute in which the leg^ature says, ** that the
party shall be provably attainted of open
deed by the people of their condition," kml
Coke has thus commented. Gentlemen,
where your recollection goes to the argiunent
of Mr. £rskine, which passed some time ago,
I am sure ^ou will regret that I should repeat
ireason : — " And because that many other
like cases of treason may happen in time to
conic, which a man cannot think nor declare
at this present time, it is accorded, that if any
other case, supposed treason, which is not
above specified, doth happen before any
justices, the justices shall tarry, without any
going to judgment of the treason, till the
cause be shuwed and declared before the king !
and his parliament, whether it ought to be !
judged treason or other felony."
You have then the indictment stating these '
points, which you are to consider, whether '
the prisoner compassed the king's death, and '
"whether he committed these acts with an
intent immediately to depose the king, and
ultimately to accomplish his death. The
main charge is, that he compassed the king's
death. This is the only treason, presented by
the indictment, to your inmiiry ; and thi.s is the
only form in which it could have been legally
stated in the indictment, since the statute of
the 25th of Edward 3rd; if this indictment had
▼aried from the statute in charging any thing
as treason which the statute docs not make
so, it would be erroneous : if former indict-
ments, trom the time of passing the statute
to the present, had varied from it, without
being noticed, that would not alter the law
upon the subject, because in cases arising
upon a statute, no established form of legal
Eroceedings can control the statute, but must
e corrected by it.
In this case, however, the form of the in-
dictment and the statute go hand in hand ;
it appears from each that nothing shall be
treason (nothing, at least, necessary to be
considered upon the present occasion), except
the compassing the king's death. You will
observe the statute says likewise, that the
party must be " provably attainted of open
deed by the people of his condition." Now,
upon this statute, lord Coke, who was one of
the most learned lawyers that has ever lived,
has commented, and I shall take the liberty
shortly of stating his comment, at least that
particular part of it, because that will point
out to you how careful the law is, and how
careful all writers upon the law are, to guard
judges and juries against ever extending this
statute; it points out the method you ought
to use in investigating the charge brought
against the prisoner, and therefore I trust it
will not be thought useless if I state it to you.
The treason charged is, you see, a compassing
the king's death ; tliere must be in the mina
of the prisoner ao mtention to effect the
those things which may have escaped you.
Lord Coke says, ("3 inU. 19.) *' In this
branch four things are to be observed. First,
this word provably , that is, upon direct, ma-
nifest proof, not upon conjectural presump>
tions, or inferences, or strains of wit, but
upon good and sufficient proof; and herein
the adverb (provablement) provably hath a
great force, and signifieth a direct and plain
proof, which word the King, the Lords and
Commons in parliament did use, for that the
offence was so heinous, and was so heavily
and so severely punished, as none other the
like, and therefore the offender must pracahhf-
be attainted, which words are as forcible as
upon direct and manifest proof. Note, the
word is not probably , for then commune argU'
merUum might. have served, but the wora is
provably be attainted.'*
Thisyou see, gentlemen, is an exhortatbo
to you who are to find whether the prisoner is
or IS not guilty ; that you do not find him
guilty, without plain, direct, and manifest
proof— this is the proof which the legislature
requires for the purpose of fixing this crime
upon the prisoner ; this is the proof which of
course you, who are the jury to try his guilt or
innocence, must be satistied has been given
in the cause, before you can find him guilty.
Gentlemen, I will trouble you tarther,
merely with a statement of the way in which
judges who have had to try causes upon this
statute, have laid down the law to the jury.
I shall then have stated to you the indictment
— the statute upon which it is founded, the
construction of one of the most learned law-
yers who ever lived upon that statute, and the
acting of one of the most learned judges who
has ever adorned the bench (I speak of lord
chief justice Pemberton)* when he sat on the
trial of lord Russell, who was charged with an
offence of the same sort as that with which
the prisoner at the bar now stands charged.
The doctrine contained in that trial is, I
suppose, law, because I have heard the trial
alluded to in court, and not from the bar, but
from the bench. I have heard the siunmine
up of lord chief justice Pemberton, who triea
lord Russell, alluded to, as containing the
law of the land upon the subject of treason.
My lord Russell was tried upon this statute,
and the indictment charged him with com-
passing the king's death, the overt- act was,
that ** to fulfil and perfect ttie said most bor*
• See the notes in Vol. 8, p. Si5, and Vol.
9. p. 580 of this Collection.
1117) far High Trtason.
rib!*? trw«on and trailorous compassines,
ill' 1 purposes aforesaid, he, tne
sa Alt together with other false
traitors, niiiiciutisl}', traitorously, and advi-
sedly between themselves, and with divers
other traitors to the jurors unknown, did
meet together, constik, agree, and conclude
insurrection and rebellion aeain^t our sove-
reign lord the king wlthui this kingdom of
England, to move and stir up, and the guards
foiT the preservation of the person of our said
lord the king to seise and destroy, againM the
duty of his allegiance/"*
So you see the charge in that indictment
was, that lord Russell had compassed the
king^s death, and to effect that treason, had
conspired to raise insurrection and rebellion
ag*iinst tlio king, and to seize the piards ap-
pointed for the preservation of the king'b per-
son. Itie evidence given in that case went
certainly to fshow, if it went to show any thing,
that lord Russell had conspired to raise insur-
rection and rebellion in the kingdom, and to
seize the king's guards, and yet lord chief
justice Pemberton in stunming up (I stale this
to show what is the matter for you to inquire
into in this case) does not tell the jury that
the point for them to consider is, whether the
prisoner had conspired to raise insurrection
and rebellion against the person of the king ;
and if they found that, they must find the
priiODor gudty ; but he tells them this —
'* now the question before you will be, whe-
ther upon this whole matter you do believe*'
-—not that lord Russell bad raised insurrec-
tion and rebellion a^nst the king, but
** whether )jou do beUeve my lord Russell
had any design upon the king's life, to destroy
the king, or take away his life ;**— that is the
charge which ray lord chief justice Pember-
ton gives to the jury who tried lord Russell,
aud no mun ever complained that the trial of
lord Ru»Hell was not sufficiently severe —
*^ that { he says) is the material part here , it is
n^ ' ' en you by the king's counsel as
311 if this, that he did conspire to
r^k^c d^u M.^urrectiun, and to cause a risin» of
the people tu niakc as it were, a rebellion
wilhui the r^•*1 <<■■<■' md to surprise the king's
guardft, whh y, can h:we no other
€fid but to -> Is troy the kmp."
So that lord ctucl ju«»t»re Pemberton puts it
to the jury, that llMHigh they belirvcd these
fmclN)ct iutm the^e farts they were to col-
Ject whether the prij^oner had, or had not, a
desi]^T» iqiun itie kingS hfe, for if he had nolj
they cuiilii not fuul him ;^ui!lv ; if that had
sot U'fii hi^ opinion ct the law upon this
tubjcri, Uv wiHild not have put it to them to
ny whKhrr lord \* " ' '^- ^v : -n^nt
arcumpliM) \\ uld
|Ve yjnr n A.. ,,i 4 i^
again»t
Ibcpe)^ ^ ^ _ ve that,
A. D. 17^.
[1118
you believe enough ; he does not say that —
be says they put tiiis to you as an evidence
that he meant to seize and destroy the kin^
and he goes on to say — " it is a great evi-
dence?"—but it is only an evidence— (" if my
lord Russell did design to seixe the king's
fuards^ and make an insurrection in the king*
om) of a design to surprise the kmg's per-
son. It must DC left to you upon the whole
matter — you have not evidence in this case,
as there was in the other matter that was
tried in the morning, or yesterday, against
the conspirators to kill the king at the
Rye."
Gentlemen, I should tell you that cither oil
that same morning, or the day before, some
other prisoners had been tried for being accom^
plices in the Rye-house plot, and a part of
that plot was not only to mise an insurrection
against the king, but to seize his person, and
murder him; therefore lord chief justice
Pemberton says — ** you have not evidence in
this case, as there was in tlic other matter
that was tried in the morning, or yesterday,
against the conspirators to kilfthe king at the
Rye, There wa» a direct evidence of a con-
sult to kill the king; that is not given you
in tliis case ; this is an act of contriving a
rebellion, and an insurrection within the
kingdom, to seize his guards, which is urged
as an evidence^ and surely is in itself an rv»-
dencc to seize and destroy tlie king.'* So that j
lord chief justice Pemberton puts it to the
jury that these facts are strong evidence of ]
that which tliey are to inquire into, namclyv
a compassing the king's death, but he puts it
to them as the rcidence, and distinguishes the
case from the cases in the morning, where the
deMgo was, to seize and destroy the king.
Where is the need of that distinction, if con-
spiring to raise rebellion against the king be,
as is now contended by the couuh'I fur the
crown, conclu*jively and directly treason in
itself? He goes on to say, '* upon this whole
matter this is left to you ; if you believe the
prisoner at the bar to have conspired tht death
of the king, and »« ardtr to thai to have had |
those consults that those witnesses speak o^j
then you must find hmi guiJly of this treasofl
that is laid to his chHf£;e/'* — that in, if you
find that he con*iptrcd the death of tlie king ;
but unless you draw that conclusion hum the ^
other evidence in the cause, ;^ou cannot find t
him guilty; this is lord chief justice Pembcr-|
ton's summing up to the jur>'; and yet he it]
complained of by the ir tends of lord Uus»cU|
as having dealt Ilio hatdly with him ; there- ]
fore I thmk it cannot be imputeil to him that j
he did this in any favour to the |'rlsoncr--he|
states the point for*' " * ' > •', r'
they think that the t
the king to death. L ^<.m,>>,, ..i.ii 1,..,.^^ ....»*,/
circumstance*, a jury ought to draw that con- j
• Sec lord chief justice Pcmberton's sum*
xning up in thccuj^c of lord RusseU^anti^Vc'
9j f». 6d0.
1119] SS GEORGE m.
dit&iDy but it b always a question whether
th^ will diaw that copclialon, or not I
think upon much oonsideratbn of the guee-
tioiiy not only that the existence or tiie
orert-act is for the jury* hut that it is also
for them to find whether the overt-act
was committed in the prosecution of that
dengn upon fhe king's life, which must he
stated in the indictment; not ouIt does this
Mear to be tiie opinion of [lord chief iustioe
ranberton, but of sir George Tr^y, who was
Ifaeo recoider of London^ and who afterwards
was lord chief justice or the Common Pleaa.
Lord Russell was found guilty— the jury did
find finom the fiicts laid bdbre ihero, from his
piling to raise an insurrection against the
m at the king, and more than that finom
bsign to tarn those vary guards that are
apponited for the pcotection of the king's
SI, that be did conspire the death of ttie
and I cannot say it was an unreasooabie
nion. Yon shall hear whether this is
an inaccurate expression of lord chief justice
PsMbi!itim% or whether it was generslTy eon*
sidered than as the kw. Lord Russell after*
wants, when he was brought up for judg^
nnnly* desires lo have the indictment rrad to
hinu When he bears the chum a{(aiDst him
of compassing and conspiring t& king's death
...4W starta— he sf^*" bold^I thou^tl had
not been chargsd m the indictment of com-
uating and oonspiriiwtbe death of tha king.''
flm attom^generalsays, ** jres, my hml,
you are." Then he says to the racmder-*
M I appeal to you and the Court, even if all the
witnesses have sworn be true, whetiier I am
ffuilty within the statute of £dward 3d, there
na;(ring been an evidence of a conspiracy to
levy war, but no evidence of an intention to
kill the kiog; and therefore I think truly
judgment ought not to pass upon me for oon-
spirmg the d^ath of the king, of which there
was no prodf by any one witness." That is
only lord Russell's arsument — how is he
answered by sir George Treby ? he does not
say, what vou state to have been sworn to
by some of the witnesses is treason, but he
says — ** that was an exception proper (and as
I oiink you did malce it) before the verdict,
whether the evidence does amount to prove
the charge ; that is properjto be observed to
diet aa wall as ymir levishin. Weaiatiis
by what thejmwfaaa* fmmi, not hj Aaan*
dance that was laid hefcra them."
Sol you see, it is plain, in thia caaa iiam
the dvection given by lord chief jttslka Pta*
berton^ m summing up ; and from the rsca»
pitulationofthatMimmingup^if I mayaami
It, hv sir Geofga TVaby, when laid HniiJ
was brought up lor judgment, that tha mmm
for the juiy is, whether the oven act, had ia
the suMequeot part of tha indietment, Mias
the treason laid in tha fucpscriMrtjof tbain*
dictment, namely, the coospasaimc the lamfk
death. I never arill staad up to cbniendlSit
there are not many acta of thia aort siaiad in
my k^rd Russell's case, from which an hima
jury ought always to find that the priiMii
did compass the lung's death. 1 think thm
wes in that case, supposing the feet ta be
proved that he meant to raise inaurrectionani
rebellion in the stale against tbe kin^ ani
that he meant to aeiae the guarda of tbekiM^
I think that was strong evidence to go tofts
jury, that hb attempt aimed at the kiMf^
life, and I cannot Uame them for finding mt
verdict that they did; yet atill il was wife
them.
Gentlemeut having; stated what I aiMaiea
to be the law upon this sul^iect, and ann|
from that what the points are lor your eoHN
deration, I will state lo you now the. chsM
which has been attempted in ovidence^ te at
bnHMj^t against the prisoner; I hmm 0tki
it heme, Kit in order to render myself iatel-
ligthle, I will shortly repeat it— it is, ' tfasi
he consj^red to procure a oonventiou," which
convention, when met, was to overUun tbe
government, to depose the king, and te pal
im to death. To a certain point we ait
agreed — we agree that he did held ooaaalta-
tions for the purpose of calling a 0Qnvt»>
tion — ^the point upon which we difier is the
puipose for which that convention was te be
called ; and it is for my learned friends wba
are of counsel for the crown, before tfiey sen
bring this charee home upon the prisontf te
prove one or otoer of these itwo tbuga^ eilhir
that a convention cannot be called lor say
other but treasonable purposes, or to profc^
in fact, that this convention was called for
the purpose of procuring the deposition of the
the jury ;"— Sir George Treby then agrees ! king, and thereby his dosth : they must piore
with the chief justice, that it was for the jury ; one or other of these two things. Now the
to determine whether the evidence of con
spiring to raise an insurrection and rebellion
in the Kingdom, and to seize the king's guard,
does or does not prove a compassing of the
king's death ; he admits that it is not treason
in law, but it may be evidence of compassing
the king's death, if the jury think proper to
draw that conclusion. He ffoes on*— *< for if
the evidence comes short of the indictment,
tb^ cannot find it to be a true charge, but witnesses did speak of them, and
when the jury has found it, their verdict does , >ty was never questionad.
pass for^ie traUi— we are bound by the ver- .I^rd Chief Justice JB^e^Ia it veqr Avio
^ , allude tethemi
I Mr. OMe^I aUnde
first it is impossible to prove — to assert that a
convention, or meeting of delegates from di(*
fereot sets of people, cannot he called tqgt-
ther but for treasonable purposes, would be
absurd, and no such th'mg can pasa from the
mouth of either of my fri^ods. You have
heard of many, many conventions that bats
been called ; there were two conventioas ia
* Soevol.9|p.a06ofthisCollaQtion.
Scotiand, they were not proved indoedL baft
' their kpl^
to
llfl]
y&r High Treason.
Bhowing lliat conventions may be called for
lawful purposes.
Then ihe next thing lo be considered is,
vhi'thcr I lie altomey-general has proved thai
^8 convention was railed for that specific un-
%wful purj>05C which he has stated, namely,
to drpose the king (for that i» the ^isl of tlie
eaiibc) and thereby to comimas his deaths
they undertake to prove ini^; wc, on the
other hand, say, that the convention wa^
meant to be called for lawful purp<»ses;--we
say that the prisoner at t!ie bar, and those
i«rith whom he acted, heheved that cormplion
had found its way into ihe state, and was
making iarge strides in it; that he beUeved
this corruption was oc«:a*>ioned, enc reaped,
and coniuMicd by the long duration of parha-
nients, and hy the unequal representation of
the people in the House of Commons; that if
these defects could be reformed, all would be
well ; he knew, and they knew, that a petition
to jmrliamenl would not produce ine end
whtcii they wished to procure, because many
of their petitions had been^ I may almost say
contumcliou&ly, rejected ; they Ihuudil, there-
fore, that It lay upon them, as good citizens^
to jind some other means by which they
might effect what they conceived to be a law-
ful ptirpose ; and they believed that if the
general opmion of the people was for this re-
form, and if that general opinion could be
e known to parUament, that parliamenl,
ifih it had rejected the separate petit ion si
individuals, would yet attend to the general
opmion properly conveyed to them ; they saw
no other way of conveying this opinion to
parliament, but by calling together a conven-
tion of delegates sent from different parts of
the counfry/by the voice of which delegates
they niight first collect whether this was, or
wa» not, the general wisn of the people, and
if it was 8t», that they might by the same
voice communicate thi!. general wish to par-
liament. This they professed, and there can
be tif. ili.iilM tiiMt this the t&nguage of their
i« rts,
I und, the gentlemen w*ho are
of counsci tor the crown say that all this was
mere prctr\T — you did not think that there:
V; tion in the state; yoti did not
th. tliut corruption arofte From the un-
equiil K'piiscntalion of the people in the
Houflc of t'ommons, and the lon^ duration of
}).i ' , you did not thmk tlial this re*
u you speak of, would produce a
fr ij had other views* anti we take
M[ ves to prove that you had (hem.
I . does he up^n them to prove these
CI. -.es ; and as the language of our
re-' inuiorLs ihat our intentions were
innocent, ui can show from positive
and dirrrt [ ij that pbtn» drrect, and
f>i identt3 which ^ saji^ is
n. . all ca*es of irt tho pn-
»< liosc with whom lit- V
di air to bring about i^
the 3H4U', iind hurl the king from m^ mronc
■I in
A, B. 17M. [1122
l»y means of this convention, it is impossible
that you can find him guilty of the cliargo
that IS now brought against him.
Gentlemen, there art two parts of the propo-
sition which, in poini of fact, the rouuscl for
the crown feel it necessary to make out. la
the first place, they say we will prove there
was a general plot in the kingdom for effect*
ing this purpose, that is for effecting the de-
position of Ihe king. In the nes;t place, we
will prove that the prisoner, with others, was
an actor in this plot, and is implicated in the
crime in which they are all impliratcd. Now
you will recollect itmt for the sake of makui^
otTl that first part of their proposition, which
fninj's no guUt to the nuntl ofthe prisoner —
which shows no inlenlionofhisto bring about
that which is imputed to the others ; tlicy have
not only called many members of all these
societies, hut have proved every thitig that
ever was done or decbired by any member
cither ofthe Constitutional Society, the Cor-
responding Society, or any members of any
other society that ever corresponded with
either of these societies; that they siy is for
the purpose of proving the general ploL This
would not be evidence as against the prisoner
individually, but this it is necessary for them
to go through, in order to make out the first
part of their proposition, that there did renlly
exist a general plot in the kingdom, for the
purpose of deposing the king, and afterward^
they endeavour to ^how you that the prisoner
was concerned in that plot ; this you see does
not touch theprisoner, without prooflhat he was
concerned in what thty call the general plot.
Now, gentlemen, this certainly does lay ua
under considerable hardships* I told you bc^
fore, and I am sure you will afterwards hear
from his lordship that nothing ui this species
of evidence, which is not brought home per-
sonally to the prisoner, ought to affect him
personally ; that it goes only to prove the
eiistence of a plot, and yel how difticult is it
for us who stand as counsel for the prisoner;
how difficult for you who are the arbiters of
his fate ; how difficult for the Court, who yet
will do it better than cither of us can, to dis^
tin:pn^h the «sf_'paratc parts of this evidence, to
ofily to prove It i [dolj
.1 ' tt the prisoner , !
Ihe cl:: ^>n us is m-upcrahlc, not
from the fie thing, but from the
eitcniof lilt < mto which we were ,
rarricd ; for I (i ', with all the dili-
gence which I *..*-_ ,„.,^ able to use, and
with all the time which the indulgence ofthe
Court lias granted me, I feci it utterly impos-
sible, in ray owm mind, to separate ihcm, and,
Iht rt f:>rc. it is im|H>sNildc for lue tu §late
hne ot d I junction hes. If my
, nd'*^ who c«>nduclcd the prosccu- !
K.^ral evidcncci
whirh Wr^s tf>
u^ i*yi lis me case IS \V^^"^ \xa,\'
4 C
i^xw
1125] J&r High Treason.
liecause the cffrcl of these Ivo decisions
would be tliis, that the counsel for the prose-
cution may argue again*jt the prisoner, from
certain facts, whichlhe prisoner, though he
knows them to be (iilse, shall not be per-
mitted to eontrovert. This cannot, surely be
supported, and therefore all argunaents aris-
ing from Uie use of French terms, must, as it
ippcars to nie be excluded from the cause.
Another thing imputed to us is, thitt we
approve the French Revolution.— Certain ]y
the prisoner at the bar, and terlainly many
J of tDose with whom he acted, did highly aji-
f>rove of the French Revolution; — it vvan
ikely that they should approve of the French
Revolulron, in its origin, because they were
f Euelishnien, and because they were Freemen,
and because the original object of that revo*
lution was, to give to Slaves the freedom which
we enjoy here. What was more likely lo catch
the ear, to catch the mind of an Englishman
than that a nation, which had certainly
been in a state of abject slavery for cenltiries
|)aat, waa restored to that freedom to wiuch
they were entitled by nattire.? 1 know it will
be urged against mc^ that, after that period
was past (I speak of the origin of the French
Revolution), after acts of cnorrtiity, of which
no rational man can approve, had taken place
in France, that they still approve generally of
the French Revolution ; but it was not these
acts, but the revolution in general, to which
their approbation went ; and supposing that,
under all the then existing circum!)tatices in
France, they had exprcsseu a general appro-
rlaAion of tne French Revolution, and the
ijit© of things, as they then existed iu France,
!f it to be mferred from thence, that they
wished the same thing to take place in Eng-
land ? Did the same necessity lie upon us as
upon France ? Were we an afflicted and
oppressed people? Had we an^ reason to
complain ot an over-bearing Nobdity, whose
rights were inconsistent with the general
liberty of the people ? Had we any reason to
coropiainof the oppressions of the Crown or
of tlic Royal family f Do you find, from the
beginning to the end of the evidence, a single
complaint of that ^ort ?
You find, in many instances, they speak of
the kinj;:, and the hereditary nobihty of this
country, as entitled to reverence and respect.
i — Was it su in France ? Were the king and
I nobility o( that country entilled to the rcvcr-
f encc and respect of Ihc >?ul>jccts of France, as i
the king and nobdity of thU country are en- j
titled to the reverence and rcBpcct ot the pco- |
pic here? — No; — far otherwise; it is not
tiierefore to be supposed, that, because these
ujcn approverl of llie revolution in France,
Ihey approved of the late acts of violence that
liavc betn c ' * ■ ' in» of
aevenilol the U ts
not t ' *:'"■ r, thtit
he M < thia
couiiU:, .„,^,,._. Li.L .. .....Hon of
^Ihe king, because, lorsooth, pcrhap.% with
A. D. 1794.
[1126
L
a misunderslandine of the subject, he ha
expressed an approbation of the French Re-
volution even at a time \vhen a more reason-
able man would not have done it. *
But more than that, wishes of union with
France had bcenexpressed.^ — Why, gentlemen,
what man is there, who, if it could be accom-
plished with safety to this country, would not
wish for an union with France, rather than
such a war as the present ? Tliis was their
object, as it will appear when you hear the
evidence summed up by his lordship, from
what I remember of a letter, which contains
some resolutions addressed from one socic^
lo another — I believe the resolution for ad-
dressmg the National Convention yi( France;
— the motive which actuated them Is stated
there to be, to prevent the calamilies of war.
Surely, gentlemen, we have seen enougli of
this war to conclude, that, if these calamities
could have been prevented, it would have been
wisdom lo have prevented them. The prisoner
may have judged ill upon that occasion ; those
with whom he acted may have judged ill ;
the war may have been a just and necessary
one; I have nothing to do with that; but
still you must allow, that a contrary opinion
might have been entertained ; and if experi-
ence has shown that the war was calamitous,
and there were circumstances existing, at
that time, from which it might possibly be
foreseen, that it would be calamitous; if an
opinion could possibly be entertained, from
the then exbling facts, that we might have
kept out of the war, surely you will not say,
that the prisoner is guilty' of high treason
for expressing a wish, that an union might
take place with France, when he declares,
that his reason for entertaining that wish was,
that a war which has turned out to be calami*
tous, might be avoided.
The remarks which liave been made on the
Address to the National Convention are open
to the same answer.
Then the insertion of Roland and Darrere's
speeches is attempted to be fixed upon Mr,
Hardy ; and mark how wide he stands from
it ; there is a resolution, at a meeting of the
society, that certain speeches in the French
language, trom a French newspaper, should
be mserte<l in their books, and they never a^e
inserted*
Do you think, that that shoemaker under-
stands French P Do you think, that that shoe-
maker ever read the Monileur? Can you
believe that, at the time when tliat passes],
he could have any idea of what were
the contents of these speeches? — Not
that 1 admit, by any means, that, if the
fact were proved upon him ; if he were the
person who made that motion, that it proves
any thing in this cause, VVhal does it
amount to ? That he wished to have coinrnir-
nicated to the members of thii society, what
the reasons were upon which those who were
desirous of bringing about that t::^U\\\\V£^\^
event ia Fnuicc, latXc^ \ \l ^a!^ Vcwt3>M^\ ^^5?!*^
UJ9]
fift High Tretu^.
an msurrectjoii for the purpose of resisting
such an act is not high treaaoa.-^So the law
is expresiily stated by lord chief justice Halt
in sir John Freiod's case, his words are ** If
persons do assemble themselves and act with
force in opposition to some law which they
think inconvenient^ and hope 1 hereby to get it
repealed, this is levying a war and treason^
though purposing and denying it if nai w,
Su when tney endeavour in great ntimber^
with force to make some reformation of their
own heads, without pursuing the tnctliods of
ttie law, that is a levying war and treason^ tmi
thepurpming and denigmn^ it it not lo/'*
Why then, gentlemen, if conspiring to rai!»e
an insurrection against an existing law, and to
resist tbe operation and execution of that law,
be not hi*h trc«.son, ajhrtiori^ a resolution, to
oppose, if it shall be passed, a law which at
present has no e]iiataiGe« cannot be high
treason.
The prisoner, Mr. Hardy, is a member of
the Loudon Corresponding Suciely; he and
tho%c who acted willi him are only affected by
the Scutch Convention, ab far as that conven-
tion acted under their authority, or with their
approbation; as far as they acted uuder tbeir
authority— they are not :iiiectc<l by any thing
but this resolnlion. When the convention
met they came to some resolutions which I
do not find myself interested upon this occa-
sion to defend any farther than this, that they
certainly are not overt ;icis of high treason ; to
them the same answer applies as apphes to
thi* resolution ; they do not amount to any
conspiracy for the purfiose of raising or levy-
ing a war against tlie king^» person; nothing
like it ; and, therefore, thougn they are snch
I Maqnietand reasonable man would di^ap-
' |irove, yet ihey are not such as amount to tlie
Cfime of hi^h treaM>n, I beg you always,
gentlemen, Uj hold it in your miiids that the
question you have Ui try is, whether the pri-
loner, aud those perftons, with whom he was
concerned, meant to call this convention for
the purpose of uver turning the government,
and thereby deposing und destroying the king.
Now you wdl not find throughout the whole
course of thtsc proceedings afiy evidence tes-
tifying lliat nitcnt ; you will bud Hrong Ian*
Igltiage used in letters ihdt are written, very
ttron^, V*crhaps— strong rtM»lulion%,bul none
of them iimountto a proof of the crnne with
i^liich he IS charged ; nor does it appear to
me, however criinin<il they were, that he
i ought Ui be charged with any of the acts of
that convention ; none of them were high
treason undoubtedly.
But how do ihry endeiivour to fix them
upon Mr, d those with whom he
I acted? mt:i .vinir thnt wh<"n irritated
at the fate ot ihiin JcIegtH< ti^^^l
sent there, and at that wii udd,
ffQm high OUthorltjfv wta a nurna and niyti^
A. D. n9k [IISO;
tifiable judgment against them, they pasfteAj
some violent, 1 will say, indecent resol
upon the subject.
Something is doc to the human mind in
that state; you will not be extreme to marif
wliat is amiss in a case of this sort ; you w;
look to the intention, and see if any thing
proved against this prisoner, which can bring
home to his mind the criminal act charge?
upon this indictment, and unless you nnd
some one act which furnishes plain direct and
manifest proof, in the words of lord Coke, of
a conspiring to overturn the government and
depose the king, you will ca&t out of youf
mind such expressions as I am alluding to,
and you will find, however you may disap*
prove of bis conduct in some respects, that he
IS not guilty of that high crime which is now
imputed tohim«
It is said (I think it is not supportable m
law) that these delegates who met in conven-
tion in Scotland were guilty of high treason,
and that therefore Mr. Hiirdy, who was one
of a society who sent delegates, and who
might approve the proceediir^s that passed
there, that he aUo is guilty of high treason. I
cannot bring myselt to believe that it was
really thought tiiat the proceedings of the con-
vention in Scotland brought the crime of high
treason home to those who assented to them
here; because 1 cannot understand how the
conspiring here to do that can be high trea-
son which was not high treason in those who
did the thing in Scotland. Yuu know very
well, gentlemen, tiiat the delegAte**, who sat
in that convention, were prosccuic<l ; but ili* .
were not prosecuted for high treason, bui : ,
a mi.sdemeanor. The lord justice Clerk I iLttl
the same evidence before him on that subject
that you have now ; if it had been hi^h trea!§on
he|Would have done that which it wu^ itis duty
to do ; he would not have tried the prisoners
for a misdemeanor — he would have told the
jury, on the first trial, that they must 6nd the
prisoner not guilty of the roisdeinetnor, be-
cause his oftcncc was of a greater magnitude ;
and a person must not be Drought to trial for
a misdemeanor when the facts amount to
proof of a higher crime. What 1 «ay upon
this subject is law, his lordship will tell you
so, that if a man be indicted for a crime of a
lower description, and upon the tiial the cvi-
den* r " ' ' • .,. ..^. Hv .♦ K,. .v;j^ guilty of one
ol n imot in law he
coiUi ; . ., :,,,,,.,,.. ^ .. .Aiwer d«"" riivHr.fi ;
am) therefore I have the author e
court o* justiciary in Scotland, t!, y
of those who instituted ^ o
prosecutions formisdtOR it
the meeting of the SctJicU i.onveiilii>u, il
acts of the delegates (I am not speakfug
Downie and Wiiit, they were not conned
with them) w«re not high treason, and, the;
fore. ' here to bring about ihi
act-
Ociiuuxiieu, vnesAaJ^^ie^ V^iTB»\B>sfc
^
1133]
jQf High Treason*
A. O. 179i-
[im
mayor of Nottinglmniy tlie first magistrate of
the place, ami two of the rioters who attacked
his nouse fell, and the inquest u^jon that
death found it justifiable homicide. What
would have been the fate of ^Ir. Dennison, if
he had not prepared himself wlUi those means
of defence ?^his house would have been rased
to the ground, as doctor Priestley's was, and
another disgrace would have fallen upon this
couulrj, by the dcslruriion of the |jrop<*rty of
an innocent man, because he ha<l not the
means of defending himself against on iiiegaJ
attack.
These inslanc<^s show not only the neces-
sity, but the legiilily of providing arms against
such alUickh, when we arc furuibhed with
means of foresceinc them. But, gentlemen,
notonlv d*j they take otV all eflect from that
fact wliich was proved on the part of the
rrown, that pikes liad bctu provided al Shef-
field, but they prove souaetning more. You
observe thai all the members of t lie Consti-
tutional and London Corresponding Societies,
and the Societies» at Sheffield arc endeavoured
to be implicated in a general plot to calJ a
convention for the purpose of deposing the
king, and upon that giound the decbruttons
and act» of all those people are received in
evidence against us ; we have a right then to
ask them, when any of them are called here,
what their views were ; \i their views were to
tall a convention fur the purpose of deposing
the king, so far the plot is proved. Then
what do the wttn esses say? Carnage and
Brooniheud are called by the crown, they say
they had no idea of attacking the Kiug, or the
House of I-^rds ; they had no idea of any
thing but calling a convention whidi mi^ht
make known to the House of Commons what
vas the general opinion of the people ; they
bad no idea of eflfecling the views of the con-
irenlion by forte, hut only by the progress of
reason; they meant li> collect what was the
general opinion or the people of the country,
and if it sliould turn out to he the general opi-
nion th.it this reform of parliament ought to
be elhclcd, thtn they believed, and I believe
too, that lite House of Commons would hslcn
to that opinion so signified to theUK
Another witness whom they called is VVid^
dison. He comes from the sjmie place, and
3'ou will recollect here that there had been
given ni evidence a letter from one Dstvtson
ofShcftkkl, to Ml. IT ' ' ' /
true, that the patriots
ibcmHeives with pikt ^ ni i.^u u.Miit, , .l t,
insisted that tins defence was all a pretext,
but when you come to hear the witnesses fur
the crown you see that it was not a pretext,
that there was real danger of an allatk. This
T)avison wrilrs lo Mr llardv, informing him
that the patriots bad provideil themi^eivcii with
pikes iot their defence, and telling him where
fbeir friends ui tendon mit^ht supply thcro-
telvcs with pikcfe, \\\ hi proper, for
the same purpose. It : to Mr, Hardy
that the receiving tins iciicr shows that he
meant to provide this convention, or thosi
who were to act under this convention, witti^|
arms for the purpose of supporting their pre-
tensions by force. It turns out that this letterj
contains another letter, to Norwich, which
Mr, Hardy was desired to forward ; both th^j
letter lo Mr. Hardy, and the letter for Nor-i
wich, remained in Mr. Hardy's posses5ion0|
from Aprd 26lh to the 12th of May, whe '
they were seized ; he does not send thai lettcc^l
lo Norwich, and be never mentions to his dUl
vbion lliat he had received such a letter ; h9
never proposes to any of them to furnish ihera-* i
selves with arms. What then is the fuir con-t I
elusion to be drawn from these facts f Votf (
were in danger at Sheffield, and you provided* j
yourselves with pikes there, and you aid right'}
m iloing su ; but we do not yet feel there i
the same danger in London ; we do not
hcve thai we shall be attacked ; therefor
Mr. Hardy Likes no notice of this communica
lion; he d<xs nut send the letter lo Norwiehi?
nor stale it lo his division, or to any of hii
friends in Ijondon, except in the instance
shall mention presently. I say he took nc
slep upon it, because he is desired to address
any answer to one Moody at Sheffield, who i
afterwards called asa witness by the crown, and
who swore positively that no letter from MM
Hardy, or any of the socielv, ever came to hii
hands; a conclusive prool that nothing was *i
done by Mr, Hardy, or any of his society^*
al least with liis knowledge, upon that letter»%
and it is, therefore, conclusive proof that ha
did not mean, upon a concert oelweeu bin
and Davison, to use these arms which we
provided at Sheffield for the protection \
defence of that society, be did not mean 1
use them against the government of
country.
VViddison, who is called also to this fact a
the pikes, is cross examined hy us as to th<
purptises of their institution ; be and they all
join m lelhng you their object was unly parha^
mentary reform, that they wished to obtain it
by peaceable means ; that thev meant lo calf
this convention, not in order lliat tliey raigh
oppose the government forcibly, not in ordo
that they might take upon themselves Um
functions of parliament, not tlml they migfa
enforce their opinions by dmt of aruH, m
merely lliat ihcy might represent to llic llous
ufComnionx, whatwub the opinion of tb
majorily '' ]>le.
Hill, ;n less, ahio states the san
things ; W j iv.. - liicy had the pikes, but 1
proves that tliey were provided for the samfl
purpose. Then great reliance is placed J
Itie evidence of t'^dwards; it is said 1 "
Hardy did coumiunicate thi« letter
wardx, and furnished him with the means o|
getting these pikes. Now how did l»c con
municate it to him } — Edwards a forwjiri
man, a»ks him (and it w^*^ puh!ir|y kitowB
thai these people at SIm t»i
liebcl, and had provided l ^\
pikc3| itwaa no »cct<:vv, ux^-^v^'-- w^^w^h^
1135] S5 GEORGE IlL
Hardy «nd asksbim if he could give him the
direction to a person who made the pikes »t
Slicfiicld ; Hardy having this letter in his
pocketf never having curomunicalcd it to a
lingk soul (for, if he had, the prosecutors
vouldhave knovmit, for they have had spies
upon him for l!vei»c three yean), being asked
by Edw^ards for a direction to a nfian at Shef-
field, he does give him that direction, and that
i& the only use Hardy ever makes of the letter
he received from Shcf^ld, and he makes no
use whatever of the iocbsnre to Norwich ;
Hardy did not want any of these pike^ —
how came Edwards to ask for them f Not
from any communication he had with Har-
dy; he 15 the crown*s witness, and what he
aays on one side must be believed, a» well
&& what he says on the other ; he had it, he
says^ for the pur nose of defending himself^ if
iUeg^ly attacked. He says great insult*^ had
been offered him, and it was for that purpose
only that he desired a direction to this man.
He made one for himself. Isi Mr. Hardy
answerable for all his act5? And if he were»
what does this amount to I Entertaining, per*
hapSj a false idea of a danger that threulens
him, he chose to provide himself with a pike,
and to advi&e two or three other persons to do
the same thing. Is this evidence that can
convince any reasonable mind, or can go a
step towards convincing a man of common
reason llmt these pikes were procured by Mr.
Hardy, and those he acted with, for the pur-
pose of supporting this convention wbicJi was
to he called, for the pyrp>ose of resisting by
force the whole united mihtary of this king-
dom^ and all the armed associations which
have been raised in the country? — Three
dozen pikes in the hands of a few Shefheld
men, and in the hands of a few others into
whose hands Mr. Hardy might have put sixty
muskets and three French case knives, against
the whole army of England ! Now is that
credible? Can you give ear to such a story?
Yoti observe this convention was to be called
very soon : — ^Can you believe that men who
rcaUy entertained in their minds an idea of
enforcing liydint of arms the acts of this con*
vention which was just about to be called,
would have taken no lartht-r sleps for pro-
viding themselves with the means of support-
ine them, than three do«en of pikes, an order
only 1 think (or sixty muskets, and less than
half a dozen of French case knives ?
Gentlemen, my learned friend suggests to
me a fact that fell from a witness to-day when
1 wajs not in court, and I am very much
obhged to him for it, as certainly it strengthens
my observiiiion extremely ; he informs inc
that a witness being asked how many pikes
they could have procured in Sheffield (If they
had wanted them) jn the course of one day,
tells you that they could have procured ten
thousand. Why then, gcntlenjen, it is no
excuse that though their wants might be large,
the means ot providing them were not sum-
deotJy large; they liyul notkm^to do Wv Xo
Tml qf Thomas Hardt/
tiisi
signify what they vraated^ and if they M
meant to supnort this convention by fofteia
Sheffield, in the most disaffcMrted plaec^M^f
learned triend says^ that existed in the coon-
try, they might have raised an armv of* piltt*
men ; that is, suppoMng they had Damkai
sulhcient, into whose hands f hey mif^hfc hsti
put them, they nii^ht have provided ta
thousand pikes in the course or a day ; and
yet this plan of arming for the support of tk
convention, which IS »tated^ I think, fo kin
commenced so early as the yemr I79il. wfakb
continued from that time dovrn to t\u- Ifthflf
May, 179*, this array prep; ipsI tk
government of the country, : ^ '^ Hl'^
have been provided vrith ten thmtsttud linn
in the course of a day, hiid for its »o^povlJi
more than three dozen of pikes ; and 1 4»M
know whether it was art order, «>r only ie»
vernation, aboiil an order^ for sixty nnolii
for the Lambeth Association, and Ihniflr
four French knives* The a' * ^ai'm
probability of the thing start ttrte
If these people had the wiu, mry tud ili
means ; and you are to try whether they fail
the wilt; you are to try whether it wn ik
intention of these people to call thu^ t^mv^
tion, and then to act thetnselve?, threap tiiii
convention, by force of arms; nuw if joaiy
them making no preparation for this, if f»
hn4 them not prepared to attack » nnr^
company of euafds, if it x^esisted them; it '
comes incredible that they should cntf^U'i
any such project. In most cases of prrifi^J
insurrection that we know from hi*.tr r ^ , :
collect from the Stale Trials, there is tuhri >.
party in the country in arni» to which tiles'
surgenls can immediately attach theOMtw^
or else there are preparations fur the IcniB
troops, which troops are to be collected, «»
to be Ibrmed into a body at the time tbil tit
conspirators themseJvrs arc to rise; bothei
there Is a convention to meet immedittiT,
and yet no proof of that, without which tlv
indictment cannot stand for a moment, no ymi
of any levies on f(x>t, nor anv prepaxaiEOfis^
raising that force with whicli if is ytttmkA
the convention was to act.
Gentlemen, another witness wbmi Ibrr
called is Samuel Williams, and he is to pnr<^,
not only that Mr. Hardy hail provided hioM
wiih pikes to enforce the decrees of this t»
vention, but also that he had etnbodiida tt>
of nnisketeers to serve under it* Ncwid*!
does that evidence amount to ?
Mr. Samuel Williams, who is a guoea^^
and by that means connected with gtia-iBtilh%
ordered a pair of shoes of Mr. Haidy at the
end of the year 1T93 ; he wished him to n^
agun(thls(faesnotmovo from Hardy oriraoiUlf
but he asked Hardy to take a gun ofhiiJL
Mr. Hardy is sup|tosed to be a tnan who hai
at this time in his mind a plan fur overtumilf
the government by Ibrce, and for arming dlh*
this convention itself, or armi raff tt
act under this convention ; th > r theti
^^Vvi^^iAk asms^ If Mr, iiortn nj«d 9BJ
\"
1J37]
fir High Treaton*
A. D. 179*-
[1I3S
such intenlioD as this m his mind he w^uld
havo izaught at the proposal immediately ;
this h a dir opportunilVi as far as it gucs,
lber« can be no prelenic lo impute any thing
to tnc in bijvini> this j^un, but he rehires to
fcbasc it; It remains with hinj n fortnight
hrc he can fiml a chap (vr il: «t the end
itkdi roriiii^ht the mfin coming ^igain, :ind
€r I uir of boots, he has then got him
a " Now is that the conduct of a
man who hail such a design in his mind as
this iodiclment impules to the prisoner?
for be iTUj»t have had it in his mind at this
time, if at all, hccau^^e they s^>' thai the con*
•pi inenccd before the delegates were
5CI Scotch Convention ; yet if Mr*
li^juv mm jii his mind the nntiing a troop for
the purpose of ^uppurling this convention,
surely he would have caught al the opportu-
nity ot providing himself with arms in this
way, hut he dues not. A fortniiiht passes be-
fore he could get rki of thi** g4in» und after*
ward^ upon the importunity of this man^ who
was become his iiustomery lie gels off two or
three mf*re.
Then Mr* Hardy is to be affected with the
business of Mr, Franklow's Lan>heth Associa-
tion* and VVilliaips says 1 hat Mr. Hardy re com*
mended him to Mr, Franklow.— Why it is nolo-
rior *' ^ ^rinklow had dn association, he made
»>; iL himself; those who belonged ta
hi> , ,f-, .,ure uniforms, he himself appeared
pubhcly in this uniform at the dinner at the
Globe ravern, I know not whether the asso*
dation was a proper or an improper o^e, but
certainly it was an oncn and avowed associa*
tion — probahfy Franklow, seeing the country
full of armed associations, chose to have one
of his own. Whether he had a right lo do il,
ornot, I d«> not say, but il certainly is not an
•ctofli ■ h. Seeing that oilier people,
whom I no belter affected than him-
seir ^ ,. Q^ armed, and drilled Ihetn^
il ral t hat he should be desirous
ot ^j ,,r^ ..,. ^5,uf, especially as he had been
in tht^ army hefore; a sort of esprit du corpt
that mi lit hr liing to my learned friend. I
rci i being in arms, and acting
as indtT him [Mr. Erskine] at
the time of the riots in the year 1780, and
very proud we were of our arm s, regim^ntaU
W* ha*l not, but veir proud we were of our
muskets. I remetnoer no orders from go*
^rnment lo do this, no commission from the
lord lieult'naut; but as olher people asso-
ciated for ift ■ did
itaiK); anil ncm
cm*" '■ ■" ' I tin: yyny , it »u> u KliwWQ
l>u Mi'-rewere pritttcd orders and
rc^ ..-:.. uiii he went puhij' i*- ^1*''*>» i^ \>\*
uniform, lo say that dc<
tuni^i^ "lan at the bar recoil) r
to furiu>^h Fnnkhiw's association waii two or
three guti.% tliereforc be must be presumed,
wilboul Irtilh'-r i>ruof, tu hav© assisUd in rais-
in a lit lid nody for the purpone of sup*
ti% this ronventioo by force agiuait tlw
VOL. XXIV.
established govtrnment of the country, is ll>e
most alaroung proposttJon T ever heard in a |
court of justice. — If proofs like these arc lo |
implicate a man in the highest crimes, by ,
what caution can inniKrence^ilself Ite secured
against such a perversion t^f evidence? Merci-
lul God ! how do we expect that ihou wilt '
look npon us at the greal day of judgmeni if j
we thus scan the acts of our feUow-treatiiref
here ? Because a man happens in communi-
cation with another, who is his customer, lo i
recommend him lo provide a few muskets '
for persons who are raising an association* |
which might, or might not be legal, therefore-
it is to be inferred that he meant these guf»
to arm this convention, or their troops, fur the ^
purpose of waging war against the govera-
mant; it is a monstrous conclusion* it would
be too disgraceful a thio.y; to insist upon, were
it not that there are oilier circum stance s, ^
which 1 know the solicitor- general will rely "
upon in his reply, and from which, taking
them altogether (for no one of them, taken
separately, furnishes any colour of argumenl)* j
he wishes you to draw the conchisiou which '
Ibis indictment endeavours to affix upon the
prisoner, namely, that he has compassed Iho
Ling^s death.
Gentlemen, the next witness whom they
ca?i is Gosling, and Mr. Gosling is one of ^
that infamous set of men (fur so surely I may
call Ihem) who, having no means of support-
ing Ihemsclvcs, endeavour lo procure a live-
lihood by itisinuaiing tiiemsclvcs into the so*
crets of others, and discovering them lo the
government; I do not say thai men are nut
to be charged with acts of theirs discovered
by spies, but I say that a man of this descripr
lion, who gives evidence against persons into
whose coDfideocc he has endeavoured to in^
sinuate bimselfp is to be heard and attended
to with very grc^t caution and reserve ; hi*
value rises according lo the imporlanre of his
testimony, he is a more or less vahialde wit-
ness according as the acts which he commu*
oicates to his employers are more or less cri-
mmal ; be b interested therefore lo enhanco
them, and to that motive it is that I altri*
bule a great deal of the testimony of Gosling,
If a man of this descriplbn goes througli
bi*^ evidence fairly, without any objection
in the manner in which he civc»
i *ny; if be relates lo you a pljuu,
re- uiui , consisten t, se ries of fk*ct«, I ;4 J ' r
you ou^ht lo attend to liim. But
gfplN , " ' man demcanc I
upon iLiuation. In i
aation m -hhi uv wa^ dueuL he •
he had all Ids facts read v. and he si.i
nil
,-Il.' • lillt 11.
k under irr
ilit crosst
id .ibasher
MJ to go ih< whfdetif iu^ •
I iliedayw* i;ntt t>f it ; but
I remeuiber he sUlcd ii*^^i pcr-
soiifty whom they would , 1 i«^ j
liif guilt of ihfi ^Uo)iu> ^»iJi^ \\Vi\.'^AN
4 \y
llSg] 35 GEORGR UL
going about the counlry, to corrupt the sol-
diers, that he Imd corrupted a considerable
Tuimbcr of theni, but he had found many
who stood out againal him. Now, if that had
been tnie, >ou would have had here all those
soldiers who resisted hiro, as witnesses; there
ct>uld he no difficulty in caUing them, it was
an *nisy thing for government to have col-
lected who the men were whom this person
had unsuccessfully* attempted to tamper with,
and their uol bcmc able to discover any of
those men whom ne had so unsuccessfully
attempted to corrupt; there not being
called a single wiiness of that descriptioo
to support the evidence given by Gos-
Jing Ujion that subject is a plain proof to
nie that his evidence in that respect was not
true ; add to that observation upon his evi-
dence, the manner in which ne deported
himself upon his cross-examinatien, the diffi-
culty my learned friend had to get from hitn
any answers to the plainest questions that he
put^ and I think you will have no doubt to
sav that what he swears unsupported by any
other witnesses, spe»k*ng directly to the same
facis, is not deserving ofany credit in a cause
like this.
Gentlemen, another witness of this des-
cription is Lynam^ his evidence lasted five or
six hours; it is utterly impossible for me to
go through It literally, but vou recollect that
. lie spoke from notes he had taken, in which
he entered short memorandums; he had
mistaken a ^eat number of names wliich he
had entered in these notes, Curtis for Carter,
&c, as far as they went they were full of mis-
takes, and there 'was hardly a single fact that
he spoke of which fixed any degree of crimi-
nality upoa Mr. Hardy, or those with whom
be was connected, that was found in his notes,
but he related those facts from his memory j
if the notes of what he wrote down are so in-
correct as to confound one name with another,
what credit can you give to his recollection ?
He tells you that he did not attend to the
particular persons who held the conversations
of which he speaks, but that this, and thai
general couversation^ passed at these meet-
ings.
Gentlemen, I will tell you why he said
this; it mi^hl have been dangerous to be
more particular ; be might have ueen contra-
il ictcd ; and any thing fliat had been said, by
any of those people, he knew was ruled to be
evidence of tlic general plot ; consequently
what he stated to have been said in general
conversation, among them ^Aere was evi-
dence.— Who told you this? — Who are the
people thiit used these expressions? From
whom did you collect that? He does not
know; he fhd not think it material to ob-
scrvr.— What! a spy; a man whose busi-
ness it wa^ lu collect information for govern-
mcut ; a man, ♦rho attended the meetings
merely for the purpose of coming afterwards
mad giving evidence against these people —
Did QQi he think it mat^iAli at toe time j
Trial &fThmai Hardy
tIMO
when be attendeil, to collect the nameiof
tho^ who said this or that psrticulcr thii^?
— Did he not know, that there was a greif
deal of didcretice in the degree of crimmalit^,
in those who said a thing, and those who wcie
only present when il was said } Did Dot tut
common sense tell him th^?— Oh! no! bepiid
no attention to that; only that theconversatioir
did pass. To the memor>*of a witness, who giTfs
you thisaccountof hisattentioQto such matemJ
conversations as he pretends to describe, 1
think no credit is to be given.^ — You will o^
serve, whether the evidence he gives of any
particular facts, is confirmed by other wit-
nesses of a different description, and to whose
testimony no objection lies ; — ifit is, you will
50 far give credit to him, but oIlierwiM job
will not.
There is another witness of the Lsmbelb
Association brought forward to prove this
detestable plot, and that is Mr. Contcs,
Frank low's apprentice. The account h« pnM
of this Laraoeth Association b, thftt it wts
public, that Franklow had a cartouch box is
true, but that cartouch l>ox lav open, with
others, upon the work board ; he nad regi*
mentals, but we heard in evidence belbre^
that he appeared in them, publicly^ at the
Globe- tavern.
They come next, gentlemen, to the fvi*
dance of a ftfr. Groves, aiid I beg your pvtt«
cular attention to him. — Mr. Grovet's evi-
dence had two objects; one was to show,
that Mr. Hardy, inVartherance of the design
which is imputed to him, and for the s^e of
arming this conveotion, which w^as Xi\ xti by
force against the government^ h 'ud
himself with French knives. — At\^ i xt
was to show, that, at a naeeting, held on ibe
second of May, at the Crown and Anchor,
such Un^a^e had been held, by persons
con ncctecT with Mr« Hardy, and the l^me
society, as showed, demonstratively, thMtbey
must mean to overturn the king, and bii ^
vcrnment.
Now, in the first place, let us see htm
Groves, in his ex*nuiuation in ch' •*' --'-•fs
these facts. With respect to Ihr (^
tells you, that he was at Chalk it
he was in a shed with at»out ten \ tt
five or six of them pulled out a h i i-
roent, all exactly alike, which were Fmich
knives, and that Pearce was one of tbem;
that somebody said, they were bre^ and
cheese knives, and then a smile went round;
that he asked, where tli^ i-y
said, at Green's, in Graf &
perfumer and hair-dre>>r r ; k
after he went to buy one; fi: it
is to show you, that Grceij d
number of these knives, f« •/
arming this convention, or 1
that he hud »old them o
show, thai he was sensii ly
of what he wfts about ; he I
him he had sold two or tlir*
says, he told mc to speftk very tow, tw Um
]r4i]
Jvr High Treason.
A. D. 17M.
[1142,
Mrlour door was open, and his wife was a
OsxDbM ariiilocnit. It is evident he meant,
that it aliuuld be inferred from hence, that
Green, who was one of this socitty, hud
plolUrd with Mr Hardy, fur arming this mul*
litude that were to support thi;* convejitioo ;
that he had cotitrived to procure these knives
fjTom Stielheid, fur the purpose of armiog
them, and hud already collected a bodj of
two or three hundred^ thus armed.
Anotlier object that he had, was, to collect
ihc sense ot the society, from what passed at
the meeting, on the 2nd of May, at the Crown
ftod Anchor; and he tells you^ tiiat Mn
Home Tooke w;i$ there, and it is out of his
mouth that he collects this. — Mr. Home
Tooke, he says, after dinner got tip ; he ob-
served, that he supposed, one out of fifty of
the people who were there, might be consi-
dered aa spie^s, and to ttiem he wished parti-
cularly^ to address him.self; the witness did
therefore attend to what he said. Mr. Tooke
desired the company to observe, that he was
Dot in a state of inebriation, tor, having some-
thing to say to ihc company, he had refrained
from his gla»s. He called the parliament a
scoundrel sink of corruption ; he called the op-
position in parltamenta scoundrel »ink of oppo-
sition ; he said, that there was a junction be-
tween these two scoundrel parties, formed for
thcpurposc of destroying the rights and liberties
of the country ; he spclce about the heredi-
tary nobility of the country; he 8!>ked, il that
»kip>jack, Jenkinson, could be considered as
one of the hereditary nobility, lie was
asked, how Mr. Tooke had treated the Lords*
he said, speaking metaphorically, for whic*
Ills lordship, I remember, cjrret tud luin, that
he had paid the Lords pretty much the same
compliment tiiat he Inid the House of Com-
mons; from thence he meant, to be sure,
Uiat it should be collected, that he had spoken
of it as of the Commons; that i», that it was
m sink of corrupliun, and ought to be pmified>
These arc the two main facts of which he
gives evidence^
Now see how this comes out in the course
of Uiecn)ss-ciamrnation, Tirst, with respect
10 Mr. Tooke ; yoii remember, that the ques-
Uoa here is, whether tlie prisoner has con-
spired to call this Convention, for the purpose
of ' ibc king, and that this witJiess
WJ .' d for the purpose of proving,
Uui iJij-ii.ige hjid been held indicative of an
Uitention to overturn the government^ and to
dep'"^" Hm king; and that this (jro^'es, in his
t^ in thief, stated to you, thul Mr.
To' ij Apokcn of the Tlnusc ui t.'om*
pons, and of the House of 1 ^ docs
it come out upon bis crob^ nun? I
naked him, leading him as I nugiit, lie being
a witnes'i for tbe crown, whetlicr ^Ir. Tooke
bad not said, that the hereditary nobility in
the country, were a body ever to be respected ?
He said, yea, he had; he alwayii had. I
uk(d him, whether his complaint hsd not
bttD| thftt| by comiptian^ improper men were
f wcrel
vhc*
draAed otit firom the House of Commons int
the House of Lord?*, by which the Lords ^
degraded. He aaki his coinplumt wu»» th)
the sending ^uch men into ttte Mottle
Lords was a disgnnce to thr*^ who Imve her
ditary seats there, I asked him then, wli
ther he did not speak with high respect and
regard, both of the odice antrpcrsoii of ih^
king? He said, yes; he always hud; h
spoke of this as trenching upon the authoritj
of the ktn£, and that Ike did not say one word
disrcspecUul to majesty.
Then what does this evidence amount to!
— See what is the question between us. — W^
say, that the object of these men was rnereV
a parliamentary reform; that they wished tot I
bring about annual parliaments and uni*|
versa.! suffrage; that their con>pUint wos^
of corruption m the House of Commoris^J
they thought a parliamentary reform would ^
reniedy the evil, and they meant to cal^J
a convention for that purpose. On thffi
other side, they say, it was not for that pur-
pose, but for the purpose of deposing thai
king; and they call a witness to prove, oull
of Mr. Tooke's mouth, that that was his ob«]
ject. What does Mr, Tooke say P He says, I
that the evil la^ in the House ot Commons y J
so says the prisoner at the bar, and so hoi
always has said; so all iliose that ever acted j
with him have said ; that it was the corrup*J
lion in the House of Commons which had *
given birth to the evils he complained of, and'
that therefore the represcniatJon in the
House of Commons ought to be reformed,
VVe say, that they never meditated any altera-
tion in the House of Lords, or any attack
upon the king ; so says this witness, who is J
called to prove the contrary ; he swears that '
Mr. Tooke, whose language they are making '
use of against Mr. Hardy., always said, that
the heretlitary nobihty of the country were a
respectable body ; that bis complaint was;, '
that members of the House of Commons,*^
who did not deserve it, were removed intti
the House of Lords ; that the king always
deserved respect ; and yet this witness is call*
ed to prove, and that from Mr. Tooke *s
mouth, that the object of this convention was
to dothrone the king*
Consider, gcntlemeo, how very strong this
e%*idcnce is for us, when it comes out of the
mouth of the pr«^>sccutor*8 witness, — We
admit, that the object was to induce the
House of Commons, hearing the general sense
of the people, to reform the represcntttion.
This is the opinion of Mr. Tooke ; this is the
language which he held, and which he held in
the presence of that spy.
These observations go completely, not only
to put this evidence or Mr, Groves out of the
case, as bearing upon this cause, but they ga
farther, in two rcsp^'cis. First, they go to
^how (and I am entitled to the full itreuglh
of that applicntjon of them) that the object,
and the only object of these people, was a •
reform in the House of CommiOiitv ^J>3^^ ^'
■^
1143] 35 GtOHGE'lU.
tnan, chirgcd to be connected with thcra
in this conspiracy, did, in iheir face, abso-
llyicly negalive uny dciiien upon ihe king, or
Vthc ilr>vivc i*t Lord!>; that lie confioea his
Nomphiinib lu the Hom*e of Commons; that
I he spoke with rt'.pcci of the person and of
[ihc offire of the king, and yet this witness is
kc^Ucd lu prove, timt Uiey wished to drive the
[king out of h»s plare in the constitution; he
|,f rovp5. the dirtfct contrarj*; he proves, that
Ithe object of aJl thv people there assembled,
1 »p<>kcu l>y Ihe voice of Mr, Tooke (I &ay,that
[ "^as llic tihjcci ol them all, tiecause none con-
) tTBdiittd hmi) wiLS, lo maintain the dignity of
' ""^ : IJouse f»f Lords, and to maintain the per-
land dignity of the king.
Genticnien, that is not the only use of the
f crideiice of this man ; it fVirni^lics ns with a
ijearfid example, how much mischief may Ijc
rdone by llic evidence of spies; wc have no
I meann uf corrcclmg their evidence; we know
r Sot what will be the cout'^e of it; we have
f&ocliie Ui < rasit^ex^mim^ ihem ; and it wus
mere accident, that his lesltmony did not
' leave upun your mind;^ the inipressioUf that
\1t. Ti/oke* in this large assctid»ly, had de*
^ared himself against both tht House of
Comitioh?^, ititJ the Ihitifc ot L<>rd^; fur he
Tr4til nf ThamoM Hordg
tllM
expres-iy !<^id, ai first, that he complimented [ the account that (
however, was his ohject, and I will show ]
it was his object, f observed, Ihat
part of his evidence went to show, ituitOnKli
was a conspirator with the re*i m ihi>Dlot:
that he had conspired Cu a^^i
tion hy force, and, in the pr*
ronsniracy, had already H>id two or Uifi«
hundred 'knives, for the purpoae of acmittg
the coot pirators.
Groves says, he went to Or^n%^§ot te
purpose of pu- ' ' 'ato InihitJ;
that all was ^« > mio myc
JIOW, for the jijnvnn ii'jujt "Ar^M|^»CO, 100 fell
Wife was a damri'd aristocrat. Now tbe oiilj
object that he could have in so repre««nll]is
the Ihin^ was, \o make you bthcvc, thit
Green sold these knives in private. Orptfi u
at\erwards called, as a witness for Ibe crowo,
and what is the account that he giv^t i»f thkl
He tells you, that, in the fair and oi^ifiify
course of traile, be had three dozen of tbfK
knives, and he had sold, I think, lUntetQw
fourteen, each to a different pcr>on; b« M
Ibcm H-ntlo Uim it
in a puf kuge ; he ^
Mr^ Hardy, but U.^
Grovcs»'s evidence.
This evidence i«i.
^PfJyl*
Villi I Sl'f
»n^i«.tfnn
the House ol Lords in the same way thai be
did tbe House of Cum m cms, and so wc should
may not « fleet Gr
r>ecniit,
thuugti Ihts is the Iniiii, Urrrn tit^ |lt»t
have been fixed with thi*% imptiiaiion, that, given a diftbrent accuunt to Groves Willi t
sitting at dinner with Mr Tooke, and five i view lu asuortain thai, he i^ a^ked^ didjM
hundied people, all of whom are attempted to I ever tell Groves you bad ftold two wl'
be connected in this plot, wc countenanced a , hundred?— U! never 1 he asked.
doctrine wliic h was publicly broached in thai
assembly, that a>l the Ijords and Commons
were a sink of corniptiunt and, cun%cquciUly,
that an alUick waa levelled at them all ; what
a situaliou tljcn would my client have been
in, from our not knowing how to examine
the witness * from our not knowing how to
lead him to the truth, which he kept hack,
and which he knew to be material, and which
h« ought, tip<ini his oath, to have told upon
his examination in chief; from our not hav>
iug the clue to his cross- examination, that
man at the bar mipjht have been condemned
to the eiueme punishment of high treason.
None but a spy so demeans himself; non«?
hut a dishonest man ; none hut a miscreant^
like hijn, keeps back, in his exannnation in
chief, all that be thinks will make for a pri-
soner, iind delivers all that is against hnn.
I am entitled to say he did so ; and from
thence entitled to caution you, how )*ou credit
tbe testimony of sticb witnesses, unless you I of the crown'* win
find Ibfir evidence confimied by other wil-
nesb i^t to the same fact.
< ' - I have not <lone with Groves
TCt ; ;i I! sirrii L':\fdly not only of a »U|V
|*fe^sion U \he UxnU, ijut tie has been piiltj^
of dirtct ptrjury , it jjt.i-- - - ! ted by
liim, for tlie purpose «^ ^ own
value With those by whin.. .,. _ ^...^^wyed, at
the pric« of that man's liic : a erime mkh, 1
mm ¥^ty to 9^y^ b out in law mufder ; tliat.
were a saleable commodity i I ki
To be ^urf, every man will t. "
bis own wares; there Or
c* J n trad ic led - l> ^ ' * - ■ ^
ing any apprelc
NothioL' tii'^,11 .M, ... , ..... .. :.. - '.
in the ^, open i«> lb<
public, ^ LiLicieof *ate; at
telUyuUf tiiiAt he sold to hini» privatrlVf
would not let even bi^ wife know,
sold one oi tbc^stf knives. But herr *
him to a direct fact* Gnive^ "^y^. tn t«
that Green told hitu (Gro
was a damn'd iLn!»iocrat» ar
t o s ( jeak so I out 1 , Ikcs i = ■ u kh
open. Now Oretn, a ^^
culled by the crown*
not obly (hat he «iid i
imputedf to him by Gr»
netlber mentioned bi^
tlic Wijrd Aristocrat, i
contradictmgsnoO
as to a ver^
that these i
ail
aiHl men wi
knivt.>. Yi
mpncMTiy iM
latn m |i»n
gjtild
■■User
jy High Tftasan*
dcftvouiiog to Oi&iingui^h between aristocints,
ttid those who hud trench knives ; that his
wife wft« not lo Mr hiin f>*A\ these knive«, be-
cause she w;v ; rijilocrat, meaning
|^i»t Orecii (lerslootl, th»t he
lid these knives to jirrvn^?? u1 a contrary
ription, bin would not have her know it,
,u*c she, being ot diflVrenl principle?,
i^ould disapprove ol it. Wiih these ob^etva-
liODft I disimsft ibis wilnefta ; he not only does
not prove any thing thtit would be advantage-
ens to the cruwn^ bul bh evidence is material
lot the pri^^ner^ and he furnishes you with a
itisoOp wliich, I hope, you will not forget^
%hen you are to decide upon the evidence of
persons of his description.
I hiivc douc with so much of Green's evi-
dence aft relates to the contradiction to Cr6ves^
But lliere is another thing which Green, a
wiUie»% tur the crown, swears to, and which
fidU 10 witti the res^t of our evidence. lie is
tsked, whether he, being a member of this
society^ and acting with them upon many oc-
casions, wheUier he had any idea that this
Society, or any dcpulalion from thtm, or any
convention to which they sent delegates, was
either to attack the person of the king, or to
effectuate any of their opinions by force of
arms ? He tells you, in express terms, no, not
a man of us, had any such object ; our object
wan parliamentary reform ; the means by
-which we were to effect that parliamentary
nforru, not being able to effect it by peli-
lionspwa*!, by a coovcniiou, to act peaceably.
It was first U> collect the opinion of the public,
«md then to represent it to parliament.^ We
linpfd and bcheved, that that would turn out
to tie the pubhc opinion, and that the public
opinion, being so pcaeeably rep reset! ted to
parliament, wuutd liave its due weight.
Then, gentlemen, after these witnesses,
who go lo the prrKjf of what had passed iu
England, il ' vour to implicate us in
tiic guilt ot ' l»as been lately executed
for liigh ir^M.i,,^ ^i ] r i », j^^j fj^^ n^at
purpose they call Mr There is no
■way by which they lU -.. t -....ctt tl*rdy with
DVatt, except, I ttunk, that a Idler was sent
lif>' HiirJ\ tu Skiriing, wliu was a member of
li which Watt belonged ; and in a
t 11 between Watt and Stock, at
1 it appearecK that WhII was de-
i-i nrlmg a letter to llafdy, and com-
mu4utiiud with Stock, how he might send
that letter, without saying what it was al>out;
but no such hotter Hppe^trs ever lo have been
aeut; what the subject was upon which ite
Hi ttj correspond with him* doe?* not
ipcttr ; and yrt it is in evidence to you, that
1 »k*- Urr, .v*it, ,1 ,.^rc «vcnt io Mr, lUrdy, I
, that it appears in evi*
*^' , fitjt there is every reason
to suppoisc, thai ah the leilor** which were
«ent to Mr» Hardy, upon \\m Mibject, weft-
9tiz*id bv Ihc crown ; so that, I think,
rtiay fairly infer, that no such letter was !>c
b no aridcoce m the evude to tbow^
« but
I sent
m
that he personally knew that any such malt
as Walt eitisted, and vet it is endeavoured lo
affect him, by what vVatl did in Editvburgh,
though none of the deli _ " ' . sat with
Willi there, arc otlempttMl ted by it.
Who IS this Mr. Wiiu- >> ,,> v^ ^It was a
spy, employed by govcTtiment, up to a certain
cvtcnt; he was discharged by Ihem from that
employment, 1 believe, because he over-valued
his services; so it appeared, 1 understandf
upon his own trial ; being discharged by go-
vernment, he continues lo associalc willi the
Scotch Convention » and he makes a violent
prv)posal there, which all who were present
reject ; I do not mean that, in the convention,
he made the proposal; but among some of
the members, he made a propsal, which all
who were present instantly rejected.
Now I will Icli you what I firmly believe
lo have been the case* Watt had been a spy ;
he had carried communications to govern-
ment; he pretended, perhaps, to know more
than he did ; he over- valued llie communica-
tions he did carry, and therefore was discarded;
he still fixed himself upon these men, who
did not know that he had been a spv, and
kept company with him ; and I do verily, in
my conscience, believe, that be nmde this
proposal to them with a view to carry the in*
formation of it afterwards lo goveriunent» and
then to bans these men, if he coidd |*cl them
to agree with him. I believe that to be the
case ; I believe him to have been a determined
miscreant, and I am not sorry tliat he was
hanged, if that were the case, because he
j justly deserved it ; but having, as a spy,
carried information lo government ; having
I required a higher price for hi* services than
] government thought he deserved, he had
been discarded ; he afterwards goes back, and
I makes this proposal, which was rejected with
I abhorrence by them, and I do verily believe
I he made this proposal for llie sole purpose of
! implicating them mthe guilt of such a project,
. that be might carry the information lo go-
I vemment, and thereby show he wa^ wortTiy
' of bis hire ; that he mi^hl show he was
I worth the price he asked. Now take it either
I way; thai he really meant to acconiph^b thi*
I project, or that, not meaning lo accomplish it,
I ne wished to draw olher peifpic into it, for the
sake of sending Ihem to the gallown, he hftt
) met Ihe fate he richly deserved.
But observe another thing, Wnttistobe
connected with Mr, Hardy. How? Through
' the ^cukh Convention; because Mr. Hardy
^ eorfes|Mmded with the Scotch Convention,
and because Watt was a member of that con«
ventton, Gom] ( iod ! huve they attempted
to fijc this guiJt •"•■' '^ °"v of the delegvilcs to
Ihe Sc*)tch C , encept Ihont? two
individunK ' ,1 |)o\Mnr ?- t .nvem-
meut h.i d nil tbr its, I
?ui»py*t'. 1 1 ran lo fni r high
i . and yet nut one of thete
in Watt was, aloneUtwt,
.VaPt i
1147] 35 GEORGE UL
higU treason. — Why ? because the high treason
ofwhich W^alt was giiHly, consisted of a Tact,
in which they had no parlicipation, and much
less had tl>€ prisoner any participation in it.
Hecoliect wlial is the account M*Ewan gives,
tvhen this project was proposed to him by
Watt. He says, that they reieclifd it with ab-
horrence. Then* if those who were ypon the
spot rejected it with abhorrence ; if no imme-
diate communication upon the subject is
proved between Watt anil Hardy, will you, by
a long chain of imphcation and inferences, fix
that upon Mr Hardy, which tlic officers of
the crown do not pretend that they can 6x
upon those who were immediately connected
with Watt, the actor in it? Il is impossible to
suppose, that men of common justice, and of
common humanily, can enlerlain such a
thought
Another observation arises upon this evi-
dence of Mr M*£wan ; be is a Scotchman,
mod he was a member of the Scotch Conven-
tion, and vuu have heard from him what he
thinks of tne Scotch Convention^ and I think
you have reason to believe from the manner
IQ which he gave his evidence that you
receive from him his real sentiments upon all
the subiecls upon which he is questioned,
and a irut relation of all the facts tu which he
was examined; was there any difficulty in
getting from him this account of Walt? Did
jaot he nuntediatuly, upon being asked, com-
munlcale the whole hlory f Did not he express
his own abhorrence of it ? I believe he came
voluntarily to give this account; I am sure
the contrary does not appear in the cause, and
I am entitled, as counsel for the prisoner, to
uisisl liiat no fact exists which is not proved.
The witness came forward in the ordinary
course, and therefore I am entitled to suppose,
that coming forvnard in the ordinary course,
he did il voluntarily, in order to state facts to
you, upon which you will have to reason
vrhcn you come to consider what verdict you
wU! give. When I say that no compulsory
means were used to bring this witness to the
bar, it is not because it is material to me
whether it be so or not, yet still I am entitled
to make that assumption.
Now what is iht account he "ives of the
whule of this business? and here I am
answering that part of their c^ise which en-
deavours to imphcatc us in the guilt of those
persons al Edmburgh. He states that there
was no idea of irencbing on the authority of
the King, or Lords; that there was no idea of
assuming the Junctions of parhament; that
nothing was to be done by force, and the
very night on which they were dispersed, it
apiMiars, they had considered upon petitioning
eitaer IJie parliament, or the king : tlien, if
that were the ciise, what becomes of the cliarM
against the prisoner ? If in all this vast field
01 evidence, which they have taken, they
cannot prove any design, hy mciins of this
Triai of Thamat Hardig
[fUfl
Haidv, who was not directly impHcatad cna
in what that convention really did? TW
charge agamst him i», that he conspired, wib
others, to call a conveotion, which coofM*
tion was to act by force of arms azainslthe
euvernment of the country, and to depoeetlM
king. Surely the proceedings at Ediubio^
furnish no proof of this sort against him,
I obferve, and I dare say the factwillbt
relied upon, by the solifUtor-generat io replv,
that all the witnesses who have been q«»>
tioncd to these circumstances (their witDMa
as well as i>urs) were asked by tt&e aUonie^
general, whin her they thought c^ertain \
tions that were shown to theoi were \
and orderly \ Some had seen ihein. iw
had noh Now I have nothing to dovjih
Iheir opinion upon the point, whether IfaeB
resolutions were peaceable or orderly, tm
question, in this cause, is not whether tloi
people had come to peaceable and ordetlf l^
solutions; but the question is whether Ite^
have committed an overt act the direct o^iu
ofwhich was to depose the king, and Ik
ultimate object of wiiich was tu bring ikrt
his death ; that is the question for your^dtf*
mination. And it is very hard upon tlMjA-
soner if du$t is to he thrown into theijaof
the jury, by endeavouring to fix Iheir a:ifSUtt
upon facts which do not amount l<»iiiiacltf
high treason (for if one act does not, all lite
together cannot) for U»e sake of prevoitiii?
them Irom looking directly to that mtxt^ »
alone the object of their inqmry, vmt^r
whether this prisoner did eouspirv* •«*
others, to destroy the king, when they iireri
to call a convention? And it matters w<
whether this report of ttie secret comnutlsi
be full of obno&ious and ofiensive resoltitiooi;
it matters not whether they are eujityofw
the other crimes in the cataJoL: ^ ' iiTiml
law: tlie sole (juestion is, wli t..tt
been guilty of high treason: i,i*cL.ici w
meant to call this convention for the purp»t
of deposing the king? Aud when you ist
every one of the wiUiesses for the* 09*8.
whether they bad any such inlentioo: wbtt
thev tell you in plain direct words thattlv;
had iio such intention ; that their views wsi
peaceable, and that they meant only to ^
duce a parliamentary reform, by raJiog ifctf
convention ; you arc not to bt " li} *fl
accumulation of all these act^ i ?<-f"
haps, but not one of them ainoTuuuj^ tu w
overt act of treason) to find the pnsuoc!
guilty of so hi^h a crime, because you dii»p-
provc of his politics, or because you disappivtl
of some of his conduct, Thank God ! tntt il
not the way in which a prisoner is to be trird
in tliis country I— You are to keep vour cytlo
the fact with which be is l; lot to
in(|uire whetlier he is guilty ^ . i^s^^-i
misdemeanors; whether he is ct
this or that set of men ; whcihei .
are such as you or I should approve, ta
convention in Scotland, to depose the king hy whether he has been guilty of the crime »fli^
ibree, what becomes oC \h©c\kT^<ea^\\i'iV^i.WW.U be. sUnds charged, namc^, wj^tlnet
his project of ft convention was directed ini'
niedialfjlv to the deposition of the king, and
ultimatefy to his death, and if you do not find
tlial, you cannot find the ^vrisoner guilt?-
Gcntlemon, I have already observed upon
Ihc iniserahle rase that is made on the subject
of arms, muskets, and pikes, and I am per*
fectly persuaded ttiat that part of this case
frould never have been laia before you, if
those who conduct this pro«ccution had not
entertained a tirm and certain opinion that
without it they could do nothing ; such evi-
dence weakens a strong case ; it is of a nature
to add nothing to the strength of a case that
coutd stand by itself; but we know very well
that in a certain stage of a cause, when it is
Ibuiid that there is not sufficient to fix that
charge upon the prisoner, without fixing which
there must be a verdict of acquittal, anything
ii attempted. Hence, arose the attempt to
fix Mr- Hardy with the acts of Watt; one's
mind revolts at it, and I am sure it would
fiever have been attempted, if it had not
been thought necessary to the support of this
cause.
Gentlemen, I lold you before I had the
best authority for saying that the delegates in
Scotland, none at least of them but Watt and
Downie^ had bet*n ^lilty of high treason. I
have the best authority for saying that, because
I have the anlhority of those who prosecuted
them for a misdemeanor, and of the judges
before whom they were con\^cted of a misde-
meanor. If they were known to be guilty of
high treason, and yet were prosecuted for
misdemeanors, it was not humanity so to
prosecute them ; true humanity is to be shown
to the innocent, and not to the guilty ; the
gtiilty should be punished up to the extent of
their crimes, but if these men were known to
be guilty of high treason, and yet were prose-
cuted only for misdemeanors, that prosecution
becomes a snare to others ; it holds out to
them that acts of this sort are not high
treason, it waits for their going on perhaps
till they have accomplished the act, and then
the net is thrown over them ; they arc told,
this was a trap laid for you, we knew that
those others had been guilty of high treason,
but we thought if we punished them as trai-
tors, yoti would not go on ; you have gone on,
ftnd now you must take the consequence ; it is
nothing to you how we proceed against other
men ; we will proceed against you as the law
is — we will proceed against you for high
treason, nlthaugh we proceeded against them
only for misdemeanors. 1 say that is not true
humanity; those persons who had been guilty
of high treason should hate been punibtied as
traitor*, and a trap should not have been laid
for those who at that time were innocent of
I it J hnmanfty should have been shown to
those who hail not been then guilty of crimes,
I snd nut to thofo whti had. I do not say that
j thiA wus the conduct cither of the prosecutors
i of these delegates, or of the judges who tried
I ifaom^ but i am eatitled from their conduct
m^^ .
10 a»?ert this, that they did not believe them
to be guilty of high treason, and that they
prosecuted them only for misdemeanors, l>e-
cause they knew them to be guilty only of
misdemeanors.
Gentlemen, I have slated to you the crouml
upon which this prosecution is foundcrT ; it is
compassing the kind's death. I have stated
to you that which I beg yuu always to hold in
your minds, that the fuundation of this prose-
cution is, tliat the prisoner called this conven-
tion for the purpose of deposing the king. I
have stilted to you that none ot those acts
which are contained in the volume of written
evidence that lias been laid before you, amouni
to proof of that fact. I should have stated
beibre, it was an omission that I did not, but
I will now stale to you what 1 a]:;prcheud to
be the overt act charged in the indictment^
and relied upon in proof as fixing this crime
upon the prisoner; it consists in ihc resolu-
tion for calling a convention ; the crime im-
puted is, that he resolved to call it for the
purpose of deposing the king.
Kow I t^egyou to hear the language of that
resolution, as it was ultimately agreed to —
" That it appears to this committee very de-
sirable that a general meeting, or Convention
of the Friends of Liberty should be called, for
the purpose of taking into consideration tho
proper methods of obtaining a full and fair
representation of the people," that is the overt
act with which the prisoner is charged* Why
then, gentlemen, the professed and avowed
object of this convention by those who resolv^
ed that it should be called, was, not that
it should take arms into its hands, not that it
should entertain others who had arms in their
hands, but merely that it should take into its
consideration the proper melhods of obtain-
ing a full and fair representation of the people.
This is the language which they hold through-
out all their resohitions, and i msistthat there
is no direct evidence on the part of the crowa
which shows that this is a mere pretext. I
shall come presently to that part of the case,
and to the grounds tliere are for saying this
was not a pretext ; at present I am only consi-
dering how the evidence for tlie crown have
made out their case ; upon this part of the
caae you must believe, before you convict the
prisoner, not only that there was force pre-
pared, but that it'washis intention that this
convention should use that force.
Now a very remarkable observation thai
arises in the case is, that there is not a single
tittle of evidence from the beginning to tlie
end winch unites the project of me convention
with any thing of arms, that connects or
brings them together at all ; ihey had spies
upon all their proceedings— all their meetings
were watched over — every member of the ^o-
ciety had, when in the society, and probably
at many other times, a man at hiscloow who
would give uu account of every thnig that
passed, and yet there is not a single word lliai
Us fallen from any of t^^vV\«ws%\w5X*^**^*
J
1151] 35 GEORGE lU.
gle eKpreasion, I believe, U> be found in all
tlie wrilten evidcuce, ihaT --^' theci^rmg
lofthe convention wilh th loa of tuiy
ilbrcc; ijnleft!»yiju conntti^ ^..t "•• togelher,
ijQti cannot ♦ind ilic j^n^jocr guilty uj»on Ihia
[•Imrgeiii tUc irnlJi rmmi; there is no proof
I iwhidi can be ii, none Ihat tau l>c
[leU lo yuur t<* '!» witUoui the parol
J evidence ttml tiic^: mcu intended that the
tconvcnlion shwldact by furce; Ihrougbaut
[the written evidence they expressly disavow iL
You miiht beticve mrji's wQffh, unless the
I direct contrary ii proved ; but when the
L crown Wdn given in evidence this business of
l^rnis, Ihey tell you, uud I am entitled to as-
) iume it, that thib is the force which those
I Hien^bcrij of the convention meant to use; if
f^tbere was any other they would show it, and
; |he conclusion IblJows, that if ihey did noi
^ mean to use this force, ihey meant lo UHib
Itwne. The crown knew all they hiid done;
[the qucbtton i% whether the convention tneant
^ to use force; if the crown cannot prove they
Imcant to use ihi* force, they do not prove
Hhey meant to use any : the case would have
I teen iiM*re strong, perliaps, upon that part of
lil,if th»*y had not called their witnes'^ea, because
[then you would have been told that a great
Ldoal was to he left to fair presumpiton and in-
Iference :~that though they had not proved
[<kf yet you were to presume it from the other
rfccts proved; but ihey have taken upon them-
Ijelvcs to show ytiu wliiil thai lorcc was which
Itlns convention was tr> u>e, and they put it
lupoti the pikes, the muskets, and the knives.
Ij hope we have pretty well disposed of them
I already.
' _ But supposing there was any thing serious
in this proof of the pikes, the muskets, and
the knivei», there h no evidence connecting it
with the convention ; and if it liad lieen t!ie
project of these people, if it had ever entered
into the mindbof any of them that this force
stiould be used by that convention which they
rnlendml to call, it is impossible that the
crown should not have been able to have laid
evidence of rt before you. You see they have
spies every where; you see when we call a
witness, they know him better than we do;
ihcy have had a man in every society in Lon*
don. They can ask when Mr. Stevens was
calJed, whether it was Mr. Stevens ofRath-
booe place, or Mr, Stevens of the Minories.
They know them all, they have watched at
their elbows, they have been vigilant, and
they are to be commended for it; out stdl it
tbrtifie^ my observation, that they know dl
thttt is m this case; that nothmg i ' '* :
presumption, to inference ; Uiat alt t
has been brou**ht forward by ih'^ni .,.„;
you i>uvc nothing to form - iieot
upon, <*M-tM>l thdt whlrh l\ic\ ! . I e fort
you. letore, all
whi^ii ^ ' i ootbing
ll«ibre yuu (u show Utat these arind were coo^
noetisd io any wny with the eoovenljon.
ThettfoT^ I htm a h|ht to wfume that tbe
Triai of Thonuu Hardg [| 159
^tdoes not exist, that it ever was itlbe
contemplation t *^- - — r- *'- * " ^4? trtnt
should o€ so II ^^een m
their conlenjj ...l. „, ., , .*^ tatk
enough of what ihcy mean, i^ould have
talked of lhi^» and it wovdd \yi\c h^en
kn<uwn to the officers of the rr
f»ublic has every thing been '
\m bflcn done* There is hardiv
of theirs imputed to them as n
one out of that number and vari ;
acts which are all woven up in i c
web that is now spread I ' jt ooo
which the pri!»oner. art' iuoibt
acted, have n ' ^! ;,e g|£o
of day. It (I ts aie
illegal, this ad^.n ,^, ... a tbcjf
are not only ille^, hm ;»adeot«
but that does not mah'. ^ . ucaMUi:
and it shows that what these men pfofeswd
were really their olycc is: it ^hr»ws thml th^
^Cl^k] bond fide ; it &hov ey UiaUj||i|
they were about that w^ ttad a ritll
todo,and that is the wj^ lu v^iiuh i useibe
argument ; it shows that tbuu^K th<*y mi^t
be wrong, that though they n utm^
illceally, thoy thought they <(|gic>
gaily, or th^y never wuu'! ' tlidlB
Sie' investigation of c^* , ItlMi
acts which are now rw !*,„.. ^.^ ..%iaatitQ«
tine the crime of I lU
Geutlemciu hithL..^ ^ ..ivc*miT
I upon tho evidence that has t
I the jiarlof the I r iVV!K you tji
fro m the 1 ai 1 _ ' • u r resu I u i
they have pr^ mt y-^ ii
ject was pari I
they say mav
may have covered ^ dilicr^jui d
have it upon oath that this and ^
was the object of those people wiiu
marked
nCfid4B
uHiraii
-h
t, fttid
\
they say we are coanccted, for every wtt»c&»
whom Ihey have called, and who liuew the
objects of those people^ h;|s sworn \\mt {\wk
objects were jicaceable. This id the cvid«
on the part of the crowo.
Now, s^entlemeti, we h:\s.(- « luifmitf^
evidence oftho crown b;
we have added to the
whom the crown have
an account of what were
societies, wluit was ihtU end, ui
means by which they meant i'
end ; every one of those wit(p
after another, has agreed in
eod was a parliamentui^
to accomphsh that end t
convention, yet it nev*> -
minds to conceive that thib
lo act by force; on the '^""'
tpact by all pcactftbh
voice of llit^ toiiiitrv. ari
me
wh'
would be Cjuel low^udd^^u^ to §0 omm*
i
1153]
Jqt High TreasoHi
.A.t). 1794.
[1154
eukrtv into the evidence I Kan is necessary.
j lliink I have ^bkletl ^U^i is liie geopral cl!ect
ftfthe evidence of every witness we have call
; but I ihink there arc two who were eall-
lafl— I mean Mr. Sheridan and Mr Fran-
ks, who sjwke more particuhirl^' to this fact,
nd whose evidence will deserve more of
our consideration, hecause they show moiit
cidcdly thai the objects the prisoner has
Iways professed, were liis real oi jccts.
Gentlemen, you recollect tlie time when
bere wa» an alurni in the kinj^dom, when the
^^ihtia was suddenly embodied, and parha>
went was ass^enibled. Parliament was as-
sembled, indeed, for ihc purpose of embody*
ing the militia, because without it the militia
could not be enit>odied in a lei^al way; the
groimd alleged for caUing nariiamcnt toge-
tncrwtt*, thai there were aisturbances and
V MS in the kingdom; there were
Li^. liimen who thought that there did
not al iliat time exist those disturbances and
insurrections which were stated, and accord-
ingly an inquiry was instituted into the real
eustencc of them ; upon that occasion Mr.
Hardy attended Mr. Sheridan, and Mr. Sheri-
dan states to you in terms that Mr. Hardy
wished a committee to be appointed; he
wished an inquiry to be made, and he was
ready, and wa5 to have laid before Mr. Sheri-
dan, nay he was to have been called before
the House of Commons, and to give an ac-
count there of all he knew relative to that
business; he states) that their societies did
meet at pu I >lic- houses ; that publicans^ pro-
bably thinkii>«^ ili<*ii licences would be taken
away, would nut i»cmjil tiiem to meet in their
houses any more ; that they had accordindy
met at r^^^-t*. houses; that he f Mr, Hardy)
had c hI a Ust of tJiese hf>uses, and
had gi . ! : l^eridau all the information in
hb |>ower ; that he wished an inquiry might
be instituted, in order to show to the oarTia-
menl and the public what their real view
ivas : that he was ready to lay before them all
11m papers, all the documents relative to the
ilfQffress of thi« society. This seems to me
to ' ; ' strong proof that Mr.
11 ; that he had then no
Cfiiijujjj iutt ML lu ni'. mind, nor Imd any of
those acting wiih him, beciiuse il they hutl, he
would h<ive withdrawn from Mith an inquiry;
instead of that he comes forwanl publicly, (fe-
«irc« that an intiuiry into Ihnr conduct may
be iuMitned, and he gave t?ery avtistaace w
his power for that pnrpose.
It appears from Mr, Francis's evidence,
Ihttt wh»t
hi-
Ir
tiri
H
-poi , a^ a reaikonabJe, ^ ... , ,_..
Sheridan hkewiM gave that trstrmony to his
character t ho Aav^i he remarked hmi for his
VQLXXJV,
Mr. Hardy sayn has always been
!ilway> was »o; he and some
' n of thin society attended Mr*
' I resent a j)Ctition
1 parliaments and
i i 1 . . - . . . * , i rancid »ay », Mr.
I. hini, particularly from bis dc-
qulet man, Mr.
peaceable and decent deportment ; that com*
log to htm to desire him to prcstcnt this peti-
tion, he conver^i'd with them upon the sub-
ject; and they *aid then, wlml tney iww sayy
notwith^vl'inding this present pro*iecutiou
again*%t them, that they learned their prin-
ciples from the duke of liKhinond*!* letter;
that they were convioced by hi*, arguments;
and I am iitr.iid that they still hold the sime
opinions f hope it i* no reHexion iipt»o any
man, not to entertain these opiniuiis: for
I do nr»i mvsell ; yet still it is ^rrely an
excuse to si it'll a man as Mr, Hardy, that be
hotdn opinions such a^ the duke of tiicb-
mond entertains, and not only Piiter tains,'
bi?t has ^ivcn to the public as his opinions,
and acteu upon himself. They adhered to
their object, Mr. Francis says, of imivcrsal
suHVaEe; he stated to them, that that wa!i
not the usual form of a petition, and they
had better leave it to the House, what sort
of reform should be adopted. They -^till,
Mr, Francis says, adhered to their object;
but they wfere ready, if, according to the
forms of the House, it was more respectful,
to leave the whole to the wrsdum of the
House of Commons, what means they should
adopt ; they were ready to present their
petition in the general form ; out ?tiU they
adhered to tlieir principle, that what they
wishetl for was univcfjtal suffrage* Surely
this must show, beyond doubt, that these
men really thought it would be u g(X)d thinjg
to obtain tmiversal ^luffrage, and that this
was the object, and the only object which
they zealously, and bonS fide pursued.
But, Gentlemen, those who conduct this
prosecution wish to persuade you that there'
IS more in it ilian lies upon the surface;
that these men have not acted honestly;
that ihey have not acted lnmA fide ; that thi^
which they have held out as their object, and
this which they have held out as their means
of obtaining that object, are a mere pretext,
and that there is no colour tor insisting that
they are their reaJ opinions— Let us psaininc
thataliitle; let us ^ee what grounds they
had for really entrrtiiining these opinions,
and whether their conduct be not sirth as
leaves you reason to conchidt* they are Ihwir
real opinions. — The proposition of tlicse
men is this : — ^That the House of Commona
is rorrupt; that that corruption proceeds
from the manner in which the people aro
represented in parliament, and from iU&
bng duration of parliaments; that they
think lliisevil might be correctad by anitiial
parliaments, and by universal suffrage; they
think the House of Commons will not grant
them this upon their petition, because they
have ofbcn refused them ; they thmk that the
majority of the people (1 do not mkv tlietl
Ihc^ think right) — but they think the
majority of the people arc or may be
with them ; they saj^, they wi&h to collect tho
sense of the majority of the people * tJiey
thtrefore wish that a convention of dole
4 £
^le^tfta
^- *^^ iMm
.d<L...aafcg'
S5 (TEORGE m.
^om different parts of the counlry should be
^lled, by whom they should first collect whal
as the sense of the people by whom they
ere delegated ; and U it appears lo be what
ey contend it h^ that tt anall then be coro-
nicated to parliaineol— 1 hia it is said is
ere pretext.
Now, let U3 examine it in ils part<. — The
St proposition h, that the Uoitse of Com-
ons is corrupt — I do not mean to say that
he House of Commons is corrupt; but I am
staniiniflg whether Mr, Hartfyj who has
" [ined his faith upon the duke of Richmond,
as not ground for saying so, and thai that
orruptJon proceeds from the want ofa proper
tpresentation of the people in the House of
1^ commons. What does Ine duke of Rich-
pond say upon that subject P^Iie says, in his
titer lo colonel Sharman^ ** The lesser reform
as been attempted with every possible ad-
antage in its favour, not only from the zea-
Ibus support of the advocates for a more ctiec-
ual one, bul from the assistance of men of
at weight, both in and out of power ; but
vith all lemperanients and helps it has faded ;
feiot one proselyte has been gained from cor-
' uplion, nor has the teast ray of hope been held
ut, from any Quarter, that the House of Com*
ixons was inclined to adopt any other mode
&f reform,-* — Why, then it is not a suggestion
first of Mr. Hardy and his friends, tiiat the
"Joiise of Commons was corrupt, and that tins
asthe means of reforming it; his great pro-
otype the duke of Richmond, the man whose
prece|»t5 he haA followed, and whose disciple
ac is, told him, in express terms, that the
^Jousc of Commons is corrupt, and that that
corruption proceeds from the people not being
properly representedin the House of Commons.
The remedy, then, that is to be apphed lo
|tluH, is, in the opinion of Mr, Hardy and his
"ricnds, annual parliamtuts and universal
FftuBxage. Why, what does the duke of Rich-
uond say upon that subject? — He says^
From every day's experience to the pre-
l^jient hour, I am more and more convinced,
hat the restoring the right of voting uni*
irersally lo every man not incapacitated by
Dftture for want of reason, or by law by the
[^commission of crimes^ together with annual
: elections, is the only reform tliat can be ef-
^fectwdl and permanent: I am further con-
[\inced that it is the only reform that is prac-
,ticable,
** All other plans that arc ofa palliative na-
uture, have been found msuf^cient to interest
fiind animate the body of the {^eople, liom
C-whose earnestness alone any reform can be
^expected.*- A long exclusion from any share in
Lthe legislature oi their country, has rendered
lIJ^c great mass of the peoole Lndiffcrcnl whe-
Fther the monopoly that subsists, continues in
^the hands of a more or less r'*"'r^ com-
pany* or wheUier it Is dividt^ . into
LSliare*^ of '^^-'iufwl:,?.! r^^.r.. *,r I. uu>r-
,lions; ti
Ihcie cant .
Trial of Thomas ttardfif [IIS
endures, and the exactions it suflerf, whicti ft j
knows must continue so long a» the peopTc
remain deprived of all control over their r«^
presenlalives/'
** Whal I call for," he says, *' is, not coo*|
vcnicncy, but right ; if it is not a maxim
our constitution, that a British subiect is I
be governed only by law^ to whitn he "
consented fay himself, or his repr*
we should instantly ahandon the ei
it is the essential of freedom, fouii
eternal principles of justice and w i
our unalienable birthright, we siiutMii
hesitate in asserting it Let us, the
determine to act upon this broad princ
giving to every man his own, and wi|
immediately get rid of all the perplex
which the narrow notions of partiality I
exclusion must ever be subject/'
Now it is objected to Mr. Hardy, that
idea of the corruption of the Hou\e of ^
moos; corruption proceeding from
proper representation there — that this
reforming parliament by annual -
all pretext. What foundation i^
that, when you have heard from t«
ncsscs in tlic cause, that Mr. Hanfy has on
and over again said, he forms hiniseU up
the duke of Richmond's plan, which
wishes to be carried into execution ; tbAt t
is his only object ; and when thi«*, %rhicb L
professes in all his letters, which appeanj
be in fact the object he is purs^iiiie
terms, the reform which the duke
mond by a publicatioa recotDmeods
people to adopt ?
Then, gentlemen, we have _ '
— that ll>e corruption of pari:
thought of Mr. Hardy'*,— ibdv .,x^
that corruption is not a thought of :
d^'s — that the means by which that
tion might be remedied is not a ih
Mr. Hardy's ; they are all the thought, _
duke of Richmond, supported bv ihe«e
sons which you heard read while hisj
was in court, — I have stated to yem i
immediate means were— annual parlii
and universal suffrage. — The next ihS
be ctmsidcrcd i^, how that refbrin wa% lol
effected. — Mr Hardy tliinks— "
lo be pretext— that it may L»
meant to effect it, by a e- *>"
pie, and by collecting \\^
from that convention .— V , ^.
of Richmond say upon thai iiubjcxt?—!
says, " the weight of corruption hai
this more gentle'* — speaking of a .'
form, — ** a3 it would have d^«
more efficacious plan in thn Millie
stances ; from that quarter, tbetcfQi
nothinz to hope — it is from the
large ihiit I expeti any ^ood."
r>f"
i
nt It; when <
I tcts this to be c
M57].
Jot High Tfiuon*
A. D. nyL
[JJ58
lUal it U from the peopUs at large only ihat he
expects it will be obtainetl, how b mis man }
^ Ihe W tg understand the diikc of Eich-
nwnd? — What wh** ihe mildest sent»c be
couid put upon his worxU ? — From the people
St large the duke o( llichiuond expects this
reforro^he doe* not expect it frum the parlia-
lueul^be knows ihe parhiinicnc will not
crant il ? but he expects it from the peoples-
Then the people must have some lawful
means of promoting it — I think the most ra-
tional, I think the most peaceable; I think
Ijhe most constitutional coDs^tniction ttiat
CftO be put upon that expression is,
llut it is Xo be expected from the sense of the
people at large, first collected, and then con-
vened to the House of Commonn — not acting
by force; unquestionably, the duke ^f lildu
mond couUl never me;ia that : but he expect-
ed this rcfurm from the people at large, be-
cause he hoped that they would doclare pub-
liclv what tneir wishes were»and that tiiosc
wishes bein;^ communicated tu the House of
Coannous,woul<i produce the reform which he
wished to see c fleeted.
Geullemen, I think this is fair reasoning;
I tlunk this must be the construction which
you will put upon ihe duke of Ilichmond's
letter: — It cannot be said that a man possess-
ill" ^ ' ^ "^' 'hteued an)ind, and holding sucha
ra state, as ihe noble duke, meant
b) ,,- ..riLr to coK-"'*l Sharman, to incite
the people to lake up arms against their go-
veroment, and to cnlorce that wLith wouhi
otherwise be dem»id to tUem. lie niU'^t be
understood, therefore, to have expected that
the people at t^ri^e, by their opinions being
collected, and those opinions being comrau-
tiicated to the legishturt?, would produce that
reform for which he wa* so zealQus an ad-
irocatc.
What, then^ h&s been the conduct of the
nrUoaer, as testified by every pari of the evi-
ilence io this cau^jeP^lhai he uniformly
ar«<*d iirwin thr fiuke of Richmond's plan;
il '' that only winch the duke of
J(i d to be carried into effect:
that ne promoted it by the means by which
thgjuke of Eichmond wished to aee it ac-
■Hjj^E^hed.^ — Who, then, can say that he
^HPHTany thing farther than the duke of
^ttiSiuoud meant > In a not, I will ask you,
|K;ssib)e ftt lea-st to ptit upon these acts of the
prisoner Ihe construction I put upon the ian>
glittgeof the, duke of llichmondf \% it not
pO<Aibte, upon all these acts, that his object
flIiouJd have been fox the convention to collect
tbi frCD^ of •'"' r.* <».»le^ and hlatc il to parlia-
ment? I u , is it not possible ?^If
it hi- iJos^il v«.u find liiat that was
t^| jd if you find
111 declared ihat
lub *>Uj(xt \*A>» *jj -ii which the duke
pointed out io i. urcly you will not
ibeoy *or the Mk?: tt tixing guilt upon him,
pWuiDC that he oicant more than ttie duke
^t Ukhttkood jDCMii^bat tmthvf inclioiDg on
ilie 4ide of innoccDcc— inclining io a tnan
upon whom guilt is not directly proved, you
will say thai he meant what the duke of Rich-
oioud did mean — tbat he meant this conven-
tion should act as the duke of Richmond
meant ihe people at large should act, by coU
lecling the general opinion, and convey mg it,
not by Ibrce of arms, but peaceably, lo the
House of Commons.
Gentlemen, it is a principle, I think, in ths
English law, that, when the act of a man is
indilTerenl or doubtful, it should rather be
attributed to an innocent than a guilty motive.
— And 1 hope that we have not lost sight of
another principle by which English |urie»
have always been 4;overncd ; namely, that if
the at t o( a man be in itself Indiffefcut, and
there be evidence, some having a tendcmy to
show it crinunal, and some innocent, if the
former does not nio^l clearly ovcrveij^h Iho
Utter, luimanity will turn the scale in favour
of innocence.
With respect to tins art of calliJig a eon*
vention, it being in its nature an inncjccnt
act, you heard read a protect of several learned
peers upon a molion that was made in the
House of Lords during the pressure of the
American war, when the burthens which that
war produced were teli heavily by the suhjoet.
Lord Shelburne made a motion in the House
of Lords, ihe ultimate object of which was to
decrease those burthens; the imniediale ob-
ject was, that a committee should be called^
consisting neither of placemen nor of pen-
sioners, to inquire what unnecessary ctpcnseti
arose io the public cxpendilure — what unne-
cessary places existed — what unnecessary
fiensions had been granted — and to inquire
low that expenditure might be les!»ened.
Alter a long debate, the molion was ne-
gatived ; but those who were in the minority,
if tUey were weighed not by their num-
ber but by their merits, wuuld be called a
majority :— There was at llicir head the ve-
nerable and learned carl Camden, as great a
constitirtional lawyer as this country ha •!
ever seen, and as firm a supporter of it«
constitution,— There were many more, some
of whom are now acting in administration. —
The duke of l^ortland, the duke of Graflon,
lord Fitzwilham, the duke of lluttand, the
duke of Devonshirej lord Rockingham, lord
Scarborough, and, true to his ola principles,
ihe duke 01 Rictimond ; they were in ttie
minority ; the motion was nejEjatived ; but
they prt>tc»ted against the negative that was
put upon ihat motion; they assigned their
reasons to ihe public — they wished to hnnd
down to posterity their reasons for Ibiuking
that that committee ought tu have been in*
stitutcd, and that inquiry Ret on foot ; and the
fourth reason which the>^ uni^nis tht9t—
** Wc are further impellc*! to presf tlni
motion, because the object of kt has been w*
cunded and called txir by a consider'
jofiiy of the people, who nxc ans^i
ihii purpo»«| vaA %9tv^ ^Vt\ws^>** \^^^*^
llSff] 3^ GEORGE IIL
t by every legal and constitutional method
that cjtn l*e cir vised lur its success.** — ^Ttiere
you have lord Cainiien*s aulhority, that the
people m.iy (e^ally and constiuilionuljy as-
socule for tlic purpose of ohuining an end
prhich appears to l!>em publicly beneficial —
^ And however &on»e msiy lifFrttlobeabrmcd
a^ il Mich a^sucititions tended tu di'^turb the
pcarci or eiirroach u^hju the delegated pi^wer
pf the other Iloujse, we are persuaded at has
no ottjer view but to collect the sense of the
piv.iiNv :uid to inforro the whole body of their
itives what arc the sentiments of
body of their constituents.'*
Then this learned and noble lord a«Rcrt^
the collecting the sense of the people at large
to be the object of the associations of the peo-
ple J that the object of Uiuse associations i;*, to
f fcommunicale to the nvhoJc body of therepre-
I Bentalivc^ what are the opinions of the whole
jbody of their conJ>tilueDls.— That was iheob-
I ject of the man who stands at your bar ; that
I was the object of all those who acted with
Ijiini ; they meant to call, nut an association
[pf the whole people, but something less tu-
||nultiiou«i — a I otivention of delegates sent by '
I the people at large, by whose means they '
. Snight collect what were the opinions of the
' whole body of their constituents, and might, '
I |>y the same organ, communicate Ihem to the I
I whtile body of their reprcsenlalives. — ** And I
lif it be a^ked what farther is lo be done if ,
jihese petitions arc rejected, the best answer
|}s, thai the case cannot be supposed ; for al-
lihoujjli, upon a few separate petstions, it may
i|>e iiurly sud that the other House ought not
[to be decided by a part only of their cousti-
|uenl*i, yvi tl ciinnut be presumed they will i
net in defiance of the united wishes of the I
«?hole people^or indeed of any ^reat and no- ,
Orirm** majority/'— Then here T get another |
•tep; -bepi^rate petitions had been rejected;
eparate petitions might be rejected ; the
louse or i'omnions might not feel it nc-
ipes^tiry to attend lo separate petitions; but if
I ^ petition could be got from tnese general as-
"ciiilions **!' the people, such a pelrtioii would
legal iind ronslilulionalj amt according to
2 ufHirton of lord CamdeOj ought lo be at-
endt-d to — uught to have so umch weigt^t in
lis c^limaliun, that it is not to be supposed
Kat so wise a body as the Bouse of Com-
tions woufd not yield to it,
Gcntlcnien^isthat iUt'gil to which lord Cam-
en, so great a lawyer, gives such an effect,
fhen he states, that pctflious offered by the
^neral associations of the people^ ought lo be
tleuded toby iheilouseuf Commons, and that
; U ineon'>istent with their wisdom to reject
bem f— I )oes not lie, by this protest, hold out to
be public, thiil, whenseparatc petitions are re«
cied , the ul»ject of whk h is thought conducive
I the |»uhlic gqod, It IS the rii<ht of the people
Lialc lur ihiapublif ." 'I "'•l, heme as-
", III present suii - as lord
j)«)Jsihem fre nc: .*--,,, to be rc-
Trkt of Thomas fitttdi/ [1 M
** It is admitted lliat the Wmst of C4
mons have a power to vote as they thmk
but it is not possible to conceive that so ^
an assembly will ever be rash enough toi
ject such petitions, and by that meims ca
this dangerous question to be h:
agitated whether they have not
trust? The voice of the people wm ^.c
be complied with; ministers may, sis tin"
, to have done in a recent in-»
' any man of what he holds,
( for presuming to exercise his : _ i^ie
of thinking for hmiself on these sod od
public subjects, but it will not be wise
them to treat tliese associations with zsm^
tempt, or call them by the invidioua D^mt ^
faction* a name by which the minorityj
both Houses of Parliament have l>een so * ^
Quently and so falsely calun ^ htesxaST
Ine name so applied, will i k upon
themselves, when acting agimii^i me gencnd
sense of the nation, nor will they be able to
represent these numbers, so respectable
rank aiid property, as they did but too s
fully the discontented Amcrirj^o*.
of indigent and seditious incc
the people to whom this is a^:
very people that are abused, and ever
bears within himself tiie testimony
falsehood."
Gentlemen, my reason for bringing fonrud
this protest to you i?, that you may w« "^
it has been the opinion of great and en"
ened men in this country, that
of the people for the purpose of oB
that which (hey conceive lo be a redr
national grievance, are not only hti
commendable ; for if they were only \
lawful, and were not commendable, we sh
not see the names of such men as we ^o
al the bottom of this protest, publicly do
ing, thatt because this appeared to bo_
voice of tlae people collected in their x
tions, therefore it was inconsistent ii ,
wisdom of the llouse of Commons to
the prayer of these petitions,
Now% gentlemen, if this be so — 1
at the bar has always acted upon t
Richmond's plan— if the duke of i\»rnriK'<
has constantly pointed out to him in all
pubhcations (it is not necessary for i
mto more than that which I have statQ
there exists this corniption in the stat^
may be remedied by these means
people have a right to act for ihcm^
the way I have stated : if it t
men so eminent as those, v;,
have heard arc at the bottom uf Uu* pri*lJ
that associations of this sort ought t{) b« d
tended to, how is the prisoner m«
any guilt charged upon him in :
ment? Recollect tf , - '
stated, and which c
that if you curr ^'*
nocent molivt ,
to ^ criminal u.^^ : J,:^ _,. ..
Utat there b direct proof, th»t t:
, , J any force fm supporting this convcn-
on : and tneu if ^oti fina bp has coni^tanltj
declareil \UuX he followed ptaas of a dif-
ferrnl rmlurc> if you tind that general a-sso-
ctalions tor such a purpose are lawful, how
r^Ht. ^*.t> <.,v, that he who projeclcd only the
nvcnlJOU, lor lilt? purpose of par-
i J reform— who Males, that it was
for li^c purpose of taking into consideration
the proper modes for ontaiuing a full and
fair representation of the people. — How can
you presume again:»t the constant tenor of his
life— -agamsi the constant language he held
upon the subject — against the conduct of that
matifWhosc precepts Fie has constantly followed
— -mgainsl the doctrine laid down in this pro-
test, Ihiit associ^itions for this purpose are
legal and ronstitutional f How can you pre-
sume i Miio JI ihi- ihat his conduct was
pot 1 lonal, though he
alway- i \\* the examples of
men wliu acted legiiily and constitutionally;
though heprofesses in his resolutions to follow
themuuly oy legal and constitutional means P
How can you presume that he had that ille-
gal intent which the indictment charges him
with, namely, that he called this convention
for the purpose, hy force of arms, of deposing
the king, and putting him to death; that
wotlcfl not be a charitable conclusion — it
would nut he a conclusion to w bich English-
men have ever upon such evidence arrived,
tnd I am sure ttterefore tlrat it will not be
yours*
Let me suppose for a moment, that that
noble person who has given his evidence in
lliii cau^ could det^cend from hiti high sta-
tion, and become the advocate of this priiio-
ncr What would he have had to say m his
defence ? would lie not say. " Look to the
cifigiu of thin ; it was my plan, be is my dis-
^ple, he has followed my doctrine, he has
oiirsucd my principles by the means which
I pointed out to hint; I told the public that
ftQDual parliaments and universal suf^'rage^
was the only reform to be introduced into
the Hou^e iv-t^CominoDs, which vould remove
the grii-v:iTices under which we labour — I
told the pttblic, that they had a right to ai*
semble, and to make their voice heard in the
House ol romnums ; I not only told the
piibbc this at the time when I brought for-
ward my motion, but I iti\ with the public
(he rea»ons which induced me to form thia
opinion, and these reasons have since been
opemtiug y|)on the mind of this man at the
wf — hi^ sin«, if he has siimed, are tipoo my
head; it he haii been misledp he has been
nisled bv me, he lias pursued the same ob-
ject. Lv the Siijuf mL'iiii!«s: hhi fit IS Said) he
D^ entered into
in., ue may; be
is au tgnoraul ntau ; hii resolutions may
liave been improvident ; may have been rash ;
ingy have been illegal ; his language may
llRs^e been so— but when I have Icahim to
lh»i when I giivc him the principle; when
I
his end is the same as mine; when the means
he uses are the same : namely, by the inter-
vention of the people ; a little indiscretion ;
a little violeucc of language, aud even a httle
illegaUty, is to be cxcumchI in a man iu his
situation.
" I have high rank in the state ; I have the
advantages ot great abiUlies; great industry;
education ; experience ; knowledge ; and an
enlightened mind to direct me ; f used tbem
all, endeavouring to lead my judgment to a
true conclusion, upon what was really sahitarr
to the public upon this subject; they led me
to conclude, that annual parliament* and
universal sutTrage, were the only means by
which the public could be saved ; and led me
also to conclude, that the people had a right
to annual parliaments and universal suffrage;
and that i^ the House of Commons did not
grant them upon private pcLilions, that to the
people was the proper appeal, and the people
would then make ineir own voice heard fay
the House of Commons ; this I told the poor
man ; he learned it Irom me ; he has not my
advantages; with all these advantages I en-
tertained the opinion which this man, who
has none of them, fo\ lowing me entertains;
he has on his side nothing but ignorance; it
is not wonderful that he shoula have been
convinced by the reasons which I published,
and which induced me to entertain this opi-
nion of a convention of the people, nothing
on the other side having been published,
which could come into his hand : therefore
surely it is rca-^onable to expect that you will
presume he has acted bonifide.
** But he has gone crcalcr lengths than I
have ; well, that may t)c excused in him ; he
is an ignorant man, ne hasnotthc advaniagef
I have; he has not had the advice I might
have to follow ; he has met, too, with greater
fjrovocalions than I ever met with ; I bad a
arge train of followers in the House of iJords;
the propositions which I brought forward,
were never rejccte*! with disdam and con-
tumely; I had never the provocation that
this man has had from the treatment that he
has received ; I will not inquire whether the
provocation be well or ill founded, but it it
still provocation which a common mind w«>
likely to be moved by/*
Gentlemen, these arc the topics which the
duke of llichmond himself, if he could be
placed in ray situation, and argue the case of
the prisoner, would urge to you \ but if he
felt for a moment that this maji*s life was itl
danger, his blood would cunlle in bis veins *
he would shudder at the mischiefs produced
by his publication, and wish in vain to recall
it; he would implore vou upon his kneei,
not to find any guilt in Sir. Hardy, that you
would not be ready to had in him ; be would
tell you that the prisoner has done nothing
which is not imputable to him, nothing which
he would not have done himself; thai hb
principles are the same, his objects the same ;
that tb6 meaiia of attdom^ ^k^ft»^ ^^u^t^^^^
1163] 35 GEORGE ILL
avowed by him, and proved in this caui?€, are
the same ; aot a single expression has bccD
proved u|)on Mr. Hardy, lending a different '
waj, and surely, gcutleiuen, il is a great ex-
ciiffC for a mail in the $ittiauou of life in which
the prisoner stands^ to urge thai he tbUowed
J the same object which the duke of Richmond
L points out by the same means : I say by the
Bame means, because it is not proved by that
plain direct and mamleat proor which the sta-
tute tails for, and which laid Coke sayu is
required, ihut be has used any other ; then
' permit me to add that the circumstance of his
fiaving always avowed an adherence to the
plan ot the duke of Richmond, ought to lead
^ou tu a conclusion that in this case he meant
sot to go beyond iL
Genllemen, what I have troubled you with
[ hitherto, is chieliy upon the general evidence
I pf the plan that has been laid before you.
Gentlemen, you collected from an arcn-
1 mcDt which we had in the early part of this
' cause, that none of the evidence admiUed in
it, which is not brought personally home to
Mr. Hardy, ought at all to aflVct him, other-
wise than as it it may prove (wiiich was the
object of it) a general conspiracy in the coun-
try to call together a convention, which was
to be supported by force against the govern-
ment; with that view nine-tenths of the cvi-.
dence that has been read was admitted, and
yrith that view only; and it was stated by the
I Court, that Mr, ilardy was not to be affccled
, hy any of that evidence, any farther than he
might be proved afterwards to be engaged in
that plot, and to the extent only that lie was
I proved to be engaged in it ; noimcly, in the
plot of calling together a convention lor the
purpose of attainmg their end against tlie go-
Ternment, by force of arms, llicrr is proof
enough to snow that Mr. Hardy did mean
thai a convention should be called ; he cer-
i^iu]f did, and I do not dispute it, but the
aucstion for you will be, whether Mr. Hardy,
lit individual standing at your bar, did in his
mind intend that that convention should act
hj force against the government.
Now, gentlemen, 1 wish it were within the
eompasa of my ability to have separated the
evidence, and to have laid distinctly before
you, what evidence does apply to Mr. Hardy,
upon this poinL I admit that his case rc-
auires it I admit that his counsel ought to
0 it ; and I have but one excuse for not do-
ing it, which is, that to the reach of my ability,
the thing was impossible ; though I have had
the accidental leisure of a Sunday to look into
the papers ; yet from not having a copy of a
thirdpart of the letters that have been pro-
duced in evidence, except those which are in
the report (and I do not mean to blame any
one tlmt I have them not) lliough I cndca^
toured to do il, I wasted a considerable por-
tion of my time, and I found it, at last, abso-
' Jtely impracticable. I must, therefore, leave
to you, 1 trust to your rccoUetivon, Vtj xSxv.
)fei w/iich you liave li^en, ai^d lo ihe aV
Trial of Thomas Uandtf
\i\i
iention you will pay to L
conies to sum up, for
much of this afl'ects Mr. Uiudy. in my j
prehension, none of it goes to show, tliai '
his mind, there existed a design of etfectingi
reform in the parliamentary rcprescntalio '
by force.
You obflirve, gentlemen, thai, in the for
part of my argument, I contended, t' * ^^
existed no such design ; if there
is another part of my argument, \
j colour for nxing any thiu», as it sr
' upon Mr. Hardy, the prisoner, f
it IS in evidence to you, that Mr.
never been without a spy at his eU
' last two years, from the year 1792 t
I lime that lie was apprehended ; he has
been at any meeting, he has never been wiUi
any assembly of friends at whic h there wu
;: not present some person w^ho has earned to
the ears of government every thinj^ that waa
said , by every person, at these m* * T ;
it not singular then, that with thu i
xvhiLh these men had to produce n
I admit they had) that not one sir
sion, upon any occasion, is prn
dropped from the mouth of 1
' disrespect either to the King, i
[ But I would not rely much ujkui thai .—is ii
not also singular, that not even an haity ei*
, pression, not an accidental word, has' ever
I fallen from him, to show^ that it cvtr wii% m
his contemplation to use force for ai
pose? And is it possible, that if he h^
ceived in his mam a design of c;
project of that convention by tor'. !
as he has been, with spies const i t
liim, some unguarded word shouiti
time or other ,liave fallen from hiin,
that he had entertained such an intfi. .
You will observe, that though it is « part i
the evidence of the crown to ahovir a geticr4l
plot, and, fot that purpose, they have goQ«
into general evidence, yet you have another
Question to try ; you are to say, not only itbt-
Iher there was any such plot ; but, if thcrt
was, whether Hardy wa§ an actor in it, and
embraced, in his mmd, all its criminal viewif
For you are trying his
this convention, whether it was t
his mind, that, when called, it sS >
force? No matter who meant ii, ., ... -4
not; if that was not the iulentign of Mf.
Ilardy, you cannot find him guiUy ; and If it
was his intention, I do think il utterly impos-
sible, that going into the history of hi* lift
for t^'o years, going into every act of il, at-
tending him at every meeting thai he evcf
attended, with spies whose < ii
intention!) in calluif
upon all occasions, it ts uttt^
think, that some r -
word, should not h
ing that this "^- *
is proved to '
pre^Mun fr*jji
\-
1165]
Jiir High Treason.
Boes the history of human life furnish yoii
with & smgle inbtauce of a man, living acer*
taia i^lan in I us mind, for lwi> years together,
meeting pcrscms, with whom he is supposed
to have been associated for the purpose of
carrying that plan into execution, coxivcTsing
vith them upon ihe subject which would fm-
turally Icail to it, wil*j the utmost freedom^ —
Supposing himself nol watched ; supposing
himself to he talking with men, in wliom he
might repoiie the itiost certain conBclence; do
you find any instance, in the history of hu-
man nature^ that a mau the most artful and
wily, through the course of two whole years,
has never in confidence dropt an expression,
showing he entertained that desliiii which
Mfas lurking in his heart? Docs the bi&lury
©f bumiin nature furnish you with such an
inslance ? And, if it does not^ surely your
humijnilyj your good nature will lead you to
say, th^t It has not existed, for the first liuie,
io this unturtunale man at the bar. Gentle-
men, yiHi arc trying an act of his mind i you
arc trying whether it was hi* intention to
compass this end by force; if it were not,
whether siich was the intention of any other
fcrson is jmmateriaL Then^if he has never
suffertid to escape from him an expression,
from which that can be collected; it all thtit
has fallen from his lips, for the last two years,
has been communicated to those who accuse
Mm, being, as he stipposed himself always to
he, in company with triends and confidents,
irhcn he was m company with spiesy surely it
11 too hard to say, thai he entertained in his
»ind, during all this time, a project, •concern-
ing which he never utlcred a syllable, even
to those with whom it h urttended that he
conspired ; that is too muck for human cre-
dulity to give faith to*
If Mr. Hardy were a man of profligate man-
ners and dissipated life ; if he were a man
likely, iVom ihe tenor of his conduct, to rush
ipto a plan of this sort ; if I lould presume,
A^ D. 1794* [1166
slug with him upon political subject, h« en-
deavoured to draw from him what h'ls object
was, and the means by which he meant to
attain thiil object; that he always told him,
it wxs parRamentary reform, upon the duke of
Rici mi oners plan, awl that the means by
which lie meant to obtain that object were
peaceable. You observe,that these witnesses
whom we called to his character, were not all
people of his way of thinking, but that some
oad diflercd with him in politics. 1 believe
that is in evidence, T know, however, the
fiict to he so. They all concurred in saying,
that, during all the time they have known him,
some for twenty years, his masters whom he
served, all concurred in saying, a better cha-
racter never belonged to man.
GeiUlemen, this is a case in which, of all
others, a peaceable character ought to wetgh;
because this is a case in which you are trymg
the act of the prisoner's mind ; in w^hich you
are trying, whether he had ccm^pired with
others to pull down this government by force ?
Whether he was ready to take arms in his
own hand, and attack the established powers
of the country ? That is the question you are
to try ; and, if you fiud any thing short of
that'; if you do not find that it was the de*
sign of Mr. Hardy to attack the government
by force, through the means of a convention,
it is impossible yoii should find him guilty*
Then, gentlemen, surely this character
ought to weigh ;— surely a man of such peace-
abie manners as belong to him, ought not
lightly to be presumed capable of such an act;
and when you add, too, that his conduct lias
been most diligently scrutinized, for two
years, in a manner which no man could be
aware of; when you find, that they are ac-
quainted with every thought of his mind, that
has found expression by his tongue^ and that
i>o word has ever fallen from bim indicating
a criminal intention, it is not too much to ex-
pect you to say, that» whatever other men
to entertain and to pursue violent objects, by
Tiolcnt means, there mi^hl be something in
this case. But you have heard the character
tbttt has bceu given of him ; I think I never
heard so imivcrsal and complete a character
eiveri by so many persons, of an individual in
Ins situation, in my life. All sorts uf persons
have been culled to you ; his neighbours ; his
friends ; those with whom he lived in tnti-
macy J those of the same business with him-
sell ; some bis countrymen : some not ; all
of them, concur in saymg, that he is a man of
the most amiable disposition, and respectable
ciiaractcr ; that be is a man of the most peace-
able mind ; that he is Ihc last man in the
world whom they should ever think capable
of entertaining such a project as is now im-
puted to him,
'l^be minister whom he attends has been
called ; he not ouly says, that his conduct in
lihi has been exemplary, his manners amiable
«itd peaceable, but he tells you, that conver-
from bis general habits, lliat he was disposed i may have intended upon this subject, he had
I
not those views which are imputed to bim,
and therefore ought to bavcyoux verdict la his
lavour.
Gentlemen, let me remind you again of
what the point is which you have to try ; — it
is, whether Mr. Hardy, at the time he con-
curred in the resolution for calling this con-
vention, did himself personally mean, that the
convention, bein j called, should act by torce
of arms against the government T That is the
point which you have to try. — Mr* Hardy's life
has been sifted : — It is not proved, that,
through the whole course of it, conversing
with men upon the subject of this intended
convention, and of the parliamentary reform
meant to be effected by it, he ever dropped a^
single expression, from which it can be col- j
Iccted, that he meant to use force ; if he did i
not mean to use force, he must be acquitted I
of the charge now brought against him. — That]
he did not, 1 tbmk this evvdetiv-^^jat^Avi\^ sd
I prove ; aIvdA\\et^foT^-,\\I^asS^.\\i&Q^'^■a^^*2^
\ wiW giNc \i\m ^oui NW^vcX ^l v:Mjiv\X5i2v,
1167] ^5 GEORGE in.
liOrdChief Juslice i^^rc.— Mr. Hardy, UiC
counsel whom you have had assigned to you
ui your own request, hiive hitherlu conducted
your defence, examined your Avitnesses, and
each of them has addressed himself tu the
jury on yourbelialf: you are ali-o at full hberty
to speak for yourself, if you wij*h to do so';
aiid if you do, this is the proper time tor you
to be heard.
Mt. Hardy, ^My lord, 1 am perfectly satis-
fied with the defence my cnunscl have made
fuf me ; And I apprehend there is no need of
my saying any more.
Lord Cnlet Justice Kyre, — And you do not
\vish to add any thing ?
Mr, Hardy .^ — No, my lord.
Trial qf Tfiomas Hardtf
[1168
Mr. SoUcUor General* May it please your
Lordships ; — Gentlemen of the jury— The De-
fence oi the Prisoner being now closed, it is
my duty to address you in reply to what has
fallen from the learned counsel, and for the
puryoseof (in some degree) summing up the
evidence thai has been given. You have no
doubt been impressed with the very able and
very powerful speech which you have last
hesira delivered J ^nd lam happy in the op-
portimity of congmlulating myself«and the
frofession^ upon the exertions of abilities which
think have been equal to any which I have
ever witnessed. The prisoner, lam sure, has
been most ably defended ; and if the defence
js unequal to the purpose, it is becau&e his
case is indefeuiiible, and not becatise full jus-
tice has not been done to liim.
I must confess, however, that with respect
to one lluDg which fell from the leading cuun^
seJ tor the prisoner, and which was repeated
in ttie course of what he said to you cenlle*
men, I fell great surprise. I refer to what he
said when he talked to you of the poUci/ of a
verdict — I have ever been taught to think that
, a jury of Englishmen, sworn to decide upon
the Me of their fellow EngUshman^ are to de-
cide only according to the truth of the case
wli^ is made out m evidence before them,
' ivithout turning aside to the right, or to the
felefL keeping perpetually the direct course,
' »nd attending only to the evidence before
( them, Uie bw as it affects that evidence, and
I what is the conclusion which ttiey ought to
I come to, without entering into a cotisidei^lion,
Iwther on the one side or the other, of any
|4H}htical circumstances whatever ; and much
^should we have to lament, if political circum-
Lftances, or any circumstances bev<jnd thcpar-
^^cuiar case belbre the jury, should in any de-
^ee weigh with them. The trial by jury is
lie great safety of the state it sell, and of
[fivery individual member* If we suffer it to
f fce perverted one way or the otlier, we remove
'poui the constJiulion of the ^vermnent the
;rcat control which the people of this coun>
~' hnvc reserved in their own hands; that
« Sir John Mitford.
control which prevented the fynnn? <if «
Cromwell from reacliing to such ext*
might have done, which firs^t Tihook J
second upon his thrune, and which at jm mnc^
h^s preserved, and which at all timo »ili, t
trust, be found sufficient to preserve the lighli
and privileges of the subject, as wcU as the
conslitiitionof the state.
In common and ordinary criminal caies,
beyond the particular case, and beyond the
mischief that may arise from crimes ''oint
unpunished, in whatever way the venhci v^
given, no ^rcat inconvenience can result ; but
in cases wnich so greatly affect the ^tJile a»
!i.
til
inhtiitteil
^ conosel
ircd tu
thfoir
■ 'it
the charge of !)igh treason does»
the state itself may be fatally iu ^
It is ytiur duty to tfiscard even i!
tion. You arc simply to give
according to that which, in yoin^ 4 .,...,.
you bhallbelieve to be the truth of the
as mailc out to you in evidence, and whoJI;
discard every other consideration.
(iemlemcn, in fallowing my learned friend?
who have appeared as counsel for tho i^
I have considerable diliiculty — a d.:. ■ .
which, perhaps, in some degree ihc case uu-
puses upon mc, but I think thus far appears
clear, that they have not attempt' '
date iheiruth vf any one impon
as far as I am able to iud^e, the tt,,
important fact stands, rn effect,
upon the defence which the prf.oni'
have made. They have
qualify; they have cndcuv
some obloquy upon particular wii
I think you will observe, that, upui
every attempt of that sort (m sonic iv ^ r
perhaps, justly founded), but rvcry aiu
of that sort has failed of shaking the
great points of the case. Un the runttary.
my learned friends, with & great dcgr«e oJ
judgment, have omitted even to touch upon
snmeof the siroiig parts uf tf^'- - — I wuM
also observe tlmt the facts r been
staled by the witnesses whw L., . ^, . ^a p4r^
testimony, are facts in gri>erat to wbjcb gfcail
numbers were also privy, which might, t}«ere>
fore, be conLradicleo by great numbers, Iflkey
had not been truly stated by f tir wttnmeav
and, therefore, you have the ^roiHiit
for presuming that it was ] by llic
production of any witnesses a^d4it>i Uiroilt
touch these facts. With respect to une il
them, which I observe w^ii fariicultrljr
noticed by Mr. Gibbs, T meati wluit paii^ on
the 2nd of May,
there might be a f
cully in niidintj uul .*: ^ ^
witness, or finding out pcr^uus w^
evidence to contradict hnn. f t
were at tlic moment
court who were present
one of Ihcin an oftictr »
have t>een here consl-.n,
who sal next Mr. IT
ing, and who con
Groves^ if he had ^aii
1169]
for High Treason*
A. D. nO'i.
[1170
With respect to some part of what has l>ecn
urged by my learned tnends, I really have
thought it an attack upon Mr. Burke, the
duke of Riclinioud, his majesty's mmistry,
the eon^titution it^lf, rather than a defence
wfllie prisoner at the bar. All these conside-
ration m, it appears to mc, ought to be ihro^vn
entirely out of the case. Vou are merely to
cidc upon Uic evidence l*efore you, and
ion tlwl evidence us it appUca to the prisoner.
Conccivinff, therefore, that my friends have
not been able materially' to shake any of the
injporlanl lads of the case, I shall very shortly
take II view of the law of the case, and con-
sider It wjth reference to what appears to me
to be the striking and leading (acts. But it is
necessary tirat to observe, that as ihc meaning
nnd intention of Ibe acts imputed to the [in-
ioncr are more questioned than the acts thcm-
f»elves, it may be important a little to attend
to the evidence a^ it may appear tu impute
that meaning and intent to him, in cotiunon
with a great number of other persons. It did
not enler into liic mind of the attorney-gene-
ral vk lien he opened tlii:»casc to yuu, to impute
to the great mass of ()eop1e cunccrneu in
these traasartioni any such meaning or intent
as he imputes to the itrisoucr at the bar. He
conceived, on the contrary^ that the proceed*
IngB were, generally speaking, a system of
fraud jiiid deception; always profes.sin^ one
thing, and really meaning another; confining
the knowledge ot their true meaning and in-
lent to a few per!u>ns, who were the directors
and ill' ' ' uf the whole, who had the
whole ! I eflect under their manage*
tsent. ii uij^ wijre matter of doubt with us
befure the cau!%e was opened, we can hiive no
doubt of it now. It is imposMble tu duubt
that there was great secrecy in parts of llie
transaction, that a few transacted the whole,
and that the rest blindly submitted to what
COur^r itiev directed.
' n, the whole cross-examination of
th' J witnesses, and the whole of the
ongui,il examination of the witnessed for the
prisoner, and their cross-eiiamination^ seems
to me to show, that a vast majority of the
persons who were engaged tu the transactions
which liave been brought before you for dis-
GOSMOflf have beem persons who implicU!^
gac€ Up their iudgmcni to (heir leaders. You
vrill rt'coUect the manner in which llroomhead
de^' I'li^'l i» lie said, ** they hstcned to their
gj , aa to their guides uud dinctras ;
Di'^ it the vanity to think Uiat (hetf
coiiid »orm a prouer pbin of proceeding ; tiiey,
therefore, puHM-d a string or rebolMttnn**/* as
Ih- ■ uclly stated, ** > ^U
to V them up, b' ! js«
persons tu Ll: tucij of ^j uad iiiivmg
Cooiidcncc m their jud . ume of them
appeftff tliro
ip liave doiit
at such a distance he could not hear wha_
was said, but gave his vote in coii«»eauencc of
seeing all the rest vole. Some of them dea*l
cribed themselves as being ioiall^ inattentive**!
You will recollect Archibald Hunter, a rnjii|l
who described himself at last, as havin(; hCoM
a hair-dresser and perfumer ; but wi»Q had, afl
he represented, forgotten what tra.de he hadl
been of before he hved upon his nicang. HsI
stated that he heard the resolutions at Chalk-]
Farm and the Globe tavern read, but he di4j
not vole ; he took no part in them ; und lial
siiid of himself^ that this arose merely from J
the inattention which per\'ades his wMioIc codj^]
duct* I can easily believe that niany othe_
petifons were as inaltentivc as this man wnaA
and en;^.iged as he did in such societit*^ as thin
without adverting to consequences. His irii
deed miserable, that there shoidd be such,
men, but more miserable that Uitirc shotddl
be persons who take upon ihem to kad micM
men, and to decide lor ihcm n whiclll
are, umjuestionahly, at least sipon*!
tance, not only to those men LM.,r ' ^ti
to every other man who lives in tli;
For inaltenlivt men, like theae, m j
to the most violent meabures, will r^
least judging lor IhtmseUes upon ih_ . ,, -U -
Genlleinen, utmost everyone of the wiKi
nesses who were produced on the part of thf |
prisoner from tlie London Corresponding]
Society (for I think there is only one trooi]
the Constitutional Society) but almost every j
one of the witnesses for the prisoner from ihil
London Corresponding Society has been of I
this description; and the only witness whmj
was of the Constitutional Society, was Mf,
Wills, the dancing-master, who was a mem*» I
ber of both societies, lie said he was little \
acnuaintcd with their proceedings; he never j
looked into their books, though it appeared
that the books of the Ccnslitutional Society
constantly lay upon their table ; he never '
heard of a secret committee, or a committee
of correspondence, till he read it in the news-
papers, tliough it has been proved thai the
whole business was transacted by the com-
mittee of correspondence, or secret commit tec.
That committee was not, indeed, urigumfly
named a secret committee, hot it got th^if
name^ as a nick name, from all it^ proceed-
ings being secret ; and /inally it got that
name from its very members. Upon th«
uh< fr i.t the evidence of Wills, you mu»t be
! I hat he was not a man whom they
e sought as a member of citlicr of
Iht' societies from any other motive, than that
he appeared very willing to part with hti
luooey, and probably wuii in better circutn*
Stances than mo<*r of tlit*m werr .
The ph" ' n»a
strong CI I had
rdon
4 F
1 171] 35 GEORGE IIL
the nimiagcrs u( the society, those men u ho
had fjcen delegates, \*ho had been of ihe
c*»nnuitlccs, so fur iis they were nul directly
itnpliculed in the accu^s^tion now made ?
But not one man is brought forward, who has
ever been a regular, con^Unl atttiuknt of the
London Corresponding Society; for, to the
best of my [recul lection, the greater part of
those they did bring, h»d not attended the
society for a considerable time before the
prisoner was Liken up ; so that with all the
recent tninsactions they were ullerly unac-
i^nainled. According to my recollection,
Dnnfing and Hunter were the only persons
who had been present at any of the retcnl
transaction!^, and they couM give no account
of them. Hunter from his inattcnlion; and
Dow tins; did not admit, that he had been any
where Vait at Chalk-fann, and he did not
hear what passed there.
I'hcfe were, however, amoDg the persons
thus deluded, some men of more observation,
or better understanding; and this I particu-
larly apjijy to one of the ShclBeld witnesses ;
a man of the name of Widdison. You will
recollect the circumstHnces under which he
five his evidence, and the temper with which
e gave it« For I must beg to deny what is
asserted by the counsel for the prisoner, that
you arc to give equal credit to t^very part of
what a witness says.— When a jury perceives,
that a witness has a bias upon hi^ mmd^ they
arc to trv his credit, accoruing to that bias, —
It wotild, unquestionably, l>e necessary to do
so, if hts bias arose from any other cause; but^
if it arose from prejudice, you are, neverthe-
less, to weigh that circumstance, and see how
it affects his credit. For the most honest
man in the world wonW be misled by that
kind of bias; and when you hear persons
giving their evidence, and perceive, from the
manner in which they give it, and from the
terms which they use, that they tiave a bias
upon their minds, you are to determine which
way that bias lies, and to give a due degree of
credit to their testimony, having regard to the
probable ellecl of that bias.
Gentlemen, Widdison states that which
roust mdtice you to think, that he had, at
length, seen through the veil whiciij covered
tliesc proceeding's. For Widdison sutes, that
he fwd agreed in opinion with Yorkc; that
some few weeks before Yorke left Sheftield,
he had a conversation with him about universal
suffrage ; he told Yorke, he thought that was
guing too far, and that he would have nothing
more to do with it. What could have made
this alteration in the mind of Widdison, if he
had not perceived, as the matter developed
lts(df, Lhingh which were concealed from him
bciure? A$ he saw farther into the business,
he thought he saw danger in it, and f here/ore
he would have liolhin;; mc^re tu do wilh it.
Gentlemcfi, yijn will recollect that Widdison
was one ot the ,Sheihekl commiUec, and yet
Trkf of nomas Hartfy [UTS
stance ; because it shows, that those wborlkid
the management of uifairs^ mtShefield^be^
to find that Widdison did see a little lotoifar
business, and therefore that ve/y importiM
letter was not communiealcd to hinu — Ithiii
you will hkewise see, that Broomhcaid be^
to have a few ^'cruplrs upoir the sulfjed, h^
the nature of his evidence. Yoa ohirrty k
knew nothing of this letter. The letter «n|K
nally proposed, that Mr. Hardy should sell
his address, with respect to tlie {rtltes, li
Broomhead. Broomhead'a name is ilni
ovit, and Moody's inserted in the stead of it
Whence could that arise f Broomheadimi
ver^' obscure man» and it was rtot likely ml
suspicion should arise from his name. Tlif
lind out a man, who, fram his owitdesctipttt
of Itimself, was not likely to know anrtlsf
of the matter, and he sutVcred hb nmottobl
used, without any consideratian wtBtewif
the conseqnencta.
Gentlemen, it strikes me, and I Uioi^
when I come to examine it, you will befflolr
perhuaded, that the wliole uf that iransittlB,
with respect to the pikes, at Sheffield, «t5U
imftosilion upon the mLods of tba Mone
there. For what was the case? TbrilBit
was spread^how, God knows — hutioaknt
was spread, that the aristocrats, a* thcj oM
them, were going to arm against Uiem, ualtB
disperse their meetings. For you an ttf
that Yorke, Gale, and Davison,— and jw
recollect that Gale has absconded, as has ben
proved in the cause, and so has Difi^ofr-
Yorke, Gale, and Davison, tell them, tb«l t
was lawful for them to have arms; tliilthrf
were entitled, by the Bill of RighU, lolwi
arms for their defence ; thai this aretooicir
party would certainly attack them, andlbe^
fore they ought to provide arras. It is dm,
that such discourse had been held atSkW
fteld; it is clear, that, in consequence of tM
discourse, the minds of these j>eople had l«l
agitated witli the iflca of a civii commolioi;
that they were afraid of some attack Uf*
themselves ; and, under thai impraflii,
tlity had provided themseNes with fdn
Widdison always said, be would have noUias
to do with it; and voii will likewise ictiietf'
her, that Broomhead told you, thefe««?0-
pressions of Mr, Yorke, winch he recolkM
as improper expressions, hecauM be Mfi^
when they were used.
These men were men of that dcscfTp!«»
that it required, that they should be ali»ei
to a great degree to induce them loanalbeBK
selves, under pretence of defending t!»i^
selves; but when they were ooce anof^y
what importance was it, whether the grtwirf
upon which they had been induced to am.
was to defend themselves, or not .* If iJ»*
had the arms in their hands, they mtgbl ^
tliem offensively, as well as defeniive^^
That the persons who had the direction t^tbi
business must very well know, mttd Itiey*^^
Jic neversawUavisonsleitprabout the pikes, .not persons of interior uaderstaLadiugs.—^''
-^liow that IS an extremely staking citcuia- 1 Yorke has been described as u pc»Mi pi^fij
1173]
Jin- iiif^h Treaion,
lupenor iintletsUnd'mg. He well kticw, lbal,tf
those pcrsonsapprchendetJ any ifyury lo Ihetn-
telves, an application to a ni.-igi!^trdte would
have tentieu most eHFeclually to their protec-
tion ; but he never told them to m:tke that
application. He never told iheni^ ** If you
are afraid of having your liotises burnt, or of
being insulted in any way, apply to a magi^
Irate for protecuon." No; he rather chose
to make an imprcsi^uDn upon their uiind^ by
what had passed from the Churcli and King
party. I can easily conceive, liial a violent
party miphl have done very improper things,
and very blamcablc ; but U!>e is made of that
to induce these men to arm thems(?lvcs ; and
iJjat idea being once entertained ^ you can
easily conceive to what length it might be car-
ried, particularly when you lecoTlect what
dropped from one of the witnesses for tl^c pri-
soner—tliat there was no difficulty whatever,
when the ptan was once settled, of having ten
thousand pikes forged atShellield, in one day;
therefore, all that was wanted was, to have
Ihe plan settled ; that ihey should have some
pike^, m that they might know what sort of
thing to order ; that the jjrice, which is a very
cheap one, should be hxed, and the other little
circumstances arranged, of the length of the
pole, and the materials of which it wa^ to be
made; and then a verv few days would have
ftrmed a very large body of men, at ShefBeld,
mth these pikes; and a body, so armed, might
have been used in the manner which you will
recollect Yocke stated fco Broomhead, and in
nrhich those who governed them were well
disposed to use tKem; namely, that rather
than be trampled upon, in the way in which
they were supposed to be trampled upon, he
would have gone at their hcau, to London,
A body of ten tliousand men, with pikes, thus
led, might have been like the Marscllois you
iuive su often beard of, who liave acted at
Pam, io a manner not the most agreeable to
humanity.
Gentlemen, in consequence of this plan of
fraud, and of this creduuly, vou will remem-
ber, that motions were male on purpose to
be rejected. That has been clearly proved m
the transactions at ShiifBcld. The motion to
petition paiharnent wasmade^ unquestionably,
for the simple and only purpose of being re-
jected, in order to its being the foundation of
the subsequent ^t,^,-. rtr^urrs. i3omen mean to
act fairly and h<> <> act in Uui way ?
And did the b^' , ^ple, who attended
upon that occai^nn, know, that that was a
contrivance? Iho evidence has disiincU^y
jhown to you, Uiat they did nvt know that U
^ a contrivance* %vlicn these m«»n publish-
ed to the world, m the printed i
\vhat passed at Shetiield, that
been made for a > * nt,
bad been reject' not
oultothe w^-' ' '
That the nr
boeausethti^ ,..., .i,- .:. .-. ,l^..-. .,
Wberau^ in truth, tuid m lact, no such
of
iiad
imd
kield
diA-
A. D. 1794-. [1174
cussion ever look place ; it was determined
on before hand ; ti was made for the purpose
ofbe'mg rejected; and then, being rejected ,
other proceedings were directly to follow. I
think, also, there can be little room to doubt,
though there is not direct proof of it, that tho
proceedings at Sheffield were printed before
the meeling was held. They were primed,
certainly, ancording to the account which
Broomlicad gave, as nearly as ru>ssihlc to tlie
time ; so that they must have been prepured
for printing at Ica^t before the meeting was
actually held.
The proceedings at the Globe-tavern, you
recollect, were pnnlctl, lo be delivered on the
eighteenth; whereas the meeting was not
held till the twentieth. So it was tletermioed
before-hand, tliat certain resolutions should be
passed; that certain things shofdd be done;
the whole proceedings which aclually passed
at ihe Globe-tavern, were all contrived before
handf by a knot of people ; and, lieioi^ so con*
trived, an account of them, describing theni
as having passed, was put into the hands of I
the printer ; and but far an accident, but for j
the prisoner's happening to come in the wa/j j
the account would have been distrdiuted be-»
fore the proceedings were ha*l ; for the priu^
ter brought two hundred copies to the Gtobe*
tavern, and he was told to carry them back j
again, except a few, which were taken per*
haps, to be delivered to a few confidential j
friends.
Gentlemen, you will recollect, also, thai the |
account of the proceedings, at the meeting al I
Chalk Farm, appeared very. early. It docs noti
clearly appear, that the proceedings weraf
Erin ted before hand ; but tiiey mubt hava^l
een all arranged before the meet'mg actually j
took place.
It seems to me, therefore, senllemen, thatl
a system has been pursued, which absolves »|
great majority of the persons, although cer**!
lainly very blameable in many imnsacttons tnJ
which they have been engaged, from a great!
part of the highly criminal intent imputed K^l
the prisoner. They acted carelessly; they I
acted incautiously ; they gave I liem selves uj^-l
to their leaders — but they acted without any J
very distinct views of what they were doinjg J
and they acted (many of them) under delii*|
sion, under fahe impressions. One of th
witnesses, from Sheffield, I recollect* who wa
examined this morning (I have unfortunatel
mislaid the minutes I took of his evidenced
but one of them, I recollect, said, that Ins ofa^
ject solely was, to have things as they were ail
the Re^-olution, in ICHQ ; that glorious event,
as he described iL— Now, genilcmeu, let
call to your minds what change has beefl
made hi the conslitutjon of the House
Commons, since ihr Hcvghition in 1063-
soon af\cr the Revolution the triennial bil
"'^""' ^fid the septennial act has *iT'- '-"
1 in Ihe sole and only cli! c|
i L.: 4, jhition, in the House a( -^^ ..-,
I except sevi^tt^VvW^ VlViwXi \»kH^^t»ailS»l.>
1 175] 35 GEORGE IIL
object to exclude from the House of Commons,
person!^ holding particular places under the
, erowO) and perbons havin*^ i.tfirr^; In the col-
lection of the revenue, v be consi-
dered a5 makinj; ihcm , t; so thol
the altcrdliou in the House ot Comroons since
" the year 1688, must be considered as rather
for tht LencCt of the people^ than disadvan-
tageous to them; and therefore it is clear that
I the ^.tatcmcnt which had been made to this
I man on the subject^ was a mere delusion
I upon his senses; it is impossible that the
facts should have been staled to him ia such
; ft n^aiujcr as to make him fairly comprehend
[ them. And this was not the only man who
' wft^ deceived uix>n this subject ; for I think 1
► TemcmbtT another wiineb** who Stfid he was
^jfor restoring the constitution, as it was in
tlcmcD, tlie great roajorily being thus
tbflolred from the high guilt impulablc to the
ff vv, tlie few arc involved in a guilt of still
l!?cpcr die ; not only the guilt which arises
from the acts which they liavc committed,
} Liiii which arises from their having
i Lliers to be participators in those
«i > ; ^\nn did not know, or who did not at-
tend to what they were about; or who were
misled, deceived, and imposed upon, by those
ho took t'le lead in these societies. Among
icse few, the evidence has certainly deeply
" atcd the prisoner at the bar. He can-
excuse himself as Broomhead, Dowling^
tmter. Wills, and other men of that descrip-
tion, liave done. Ue cannot say he was little
cquaintcd with the proceedings of the society ;
f^hat he toook no part; that he voted resolu-
lions which he never heard. He cannot
say that he never heard of the Commiltee
of Correspondence, of the Secret Committee,
The very name — a Secret Comraiitce — shows
that danger was understood to he in their
measures ; even the names of the members
of this cumraittee were finally unknown to
the rest of the society ;, and by this contriv-
ance, that the existing committee should he
dissolve^^, hut should name their successors
wiihcntt making the names of their successors
known to the rest of the society, The conse*
quence was, that a body was crctitetl, such as
1 beliexe never was permitted to exist in tlie
government of any stale. — When this busmess
fir*l came within my nolite, I looked into the
constitutions of those states which have been
supposed to have provisions of this kind, of the
most extraordinary nature ; and I believe the
He public of Venice is considered as having
the moit extraordinary* They have no pro-
vision so tyrannical in its nature, or which
n»ighl lead to such dreadful consequences, as
this Committee of Secrecy, the very names of
whose members arf unknown. '
So that this L*jndon Corresponding Society,
a little state withm the state; for 5Ut:h it is,
and that is tlit* danger of it, that it is a state
rithjii l!ie i;reat t^lAle, w\uc\\ \% aWa^s ^ iwv-
■fermti* tiling to the cumraunW^- ; V\mlj^w\i^u
Trial of Thamai Hurd^
\m
Corresponding Society was given op I& III
most despotic dominion that was evcrcHQO^
ed upon men : ^ ilorninicm over ttieirnnrfl
beyond all < \ wtm Id li
whatever meif c-mmk
sisting of perbons whose very aames l^|
not know, might think proper lo adopt, ]'
that upon p-ounds of which the rr»l (/t_
society could have no opponnnitv of judgiflf
Gentlemen, the very cm
cret committee was not oiii
ous, as it tended to bhnd Ih <
they were leading them to
thing terrible bet^- **
were, hut it show- i
intentions of thos. . v
gcrous beyond a po^ bu Far
now can it enter into i i ^ l i u to oi'
ceive that their measures i m^
f>retended them to be; a r iMca, wA
ton est attempt to remore what thry aim
dered to be an abuse — ho^ eoitM they «•'
ceive it was necessary for tl -h to fin
such an institution as Ihfit (veiM'
cd to you?— such a pn h 90^^
crecy ; it might have I 1 fl^mk
avowed, as it has been j,.i3jy .'infl «fealf
avowed. Tor, gentlemen, in Ihiscomlr^ipi-
culative opinions upon government, and tffn
any other j^ubject, if they do not imnr4«iel?
tend, by the prt>ceedmgs taken upon dioal;
the manner in which they are ciftruiiteiM
other circumstances, lo disturb Ifie qaiH i
the state» remain untouched. — If thfvdoioi
lo di:^turb the quiet uf the 5t.Tte, imquoli^
ably they are necessarily an inffla^
version: for no state cau t I'^F^
racjms are taken to disturb the jMibiic ^fOiii
in favour of its govern me nt-^fwr tipoo «ta
rests the authority of utt N?Ht»-
vernmeut can l^e admii I>tiAw
in jiroportion to the whiWt cuuv ; nLnimifffli
induce obedience by the nmny^ tint attii|iMii
lliut ill some way c*r oihi r ru*or .....v^b^s^
consulted by that < ,»( «k'
dience,h:ibitsof sut .,fli*>»
induce submission to i^i hra*^
(used as we are to the t:- ifcktk
constitution of this couwiry bs» ft^M^
think terrible. That habit of siibimfiMii'
duces the inhabitants of those eocmlrkl ^
continue to submit to ihe incoovfiiNMI
they experience, rather than to en<kogtf tlv'
own particular happiness by resistanee. 8*
if a society may be formed' in a ital^ ^
such a secret committee, accompaiiied ^
such circumstances, it appears to me tbit w
state can be safe. However wisely flf g**
vernment maybe consliuited, however f^
perly that government may be adBiiniitm
(so far as the imperfection of the htaMftiilBi
admits of governments betog wisely (m^
or wisely administered) yet by low«riaf i ^
the public opinion, any govermsent ^Mf^
may be destroyed.
0^l1^tVettlen/you will recollect tlial rfw ■
\
'1 1 77 ] /or nigh Tretmn.
hcaril $0 much ; m the constitution formed
by the National Assembly of 1791, that a»-
^liinbly did not conceive it poss^ible iax & state
lo t^rt»t unless some restraint was imposed
tifKm the c?(tr&vagance of opinions, when in
their ctrctili4tion they aimed at the de^lmction
of the «teiU\ That assembly also conceived
^^ could not exist with :>udi a com*
I jioople in the form of clubs ^ as ap-
\v —r to have been estabJislied in
tl lid one of the last legacies
\i < their suc'^'^'-"T< >** the al-
to served,*.! (unfor-
tuj ^, txccutcd) t' _^ prevent
liie daaK^votis diect of clubs by association,
aWfttaon« rvntl litlc^atlon, which have ever
tiace ( uirb that country.
Oeiii 1 find that in tlie execu-
tion ot i\ub pUn, which I cannot avoid calling
ji plan of art, of deception, and of nius chief,
whatever hjgher name may be attributed to
>tf tlie pritiouer at ttie bar must necessarily
have been concerned. For ^ - - *he person
to wjiom in the character « , all the
papers oflh0i©ti«ty were tu .^ ....... -red, and
Le was the penon 'who5^ Mgnat lure has bN:n
affixed to ull Mich papcrfi; and I would cciU to
vour I «. gentlemen, tliat the very
la«t V: iod for the prisoner, Mr.
Francis, a. ^-> nili tirn t)t education, and of
superior uri'irrrl.iiulniL;, considered the mi*
will particularly recollect he made use] of tliat
softer as *' a man of very ^ood sense ;** you
expression — you will likewise recollect, that
the clergyman whom he attended, dcKTibed
bim in the same way ; as *' a very teiuible
man.'^ You arc not therefore to auppote that
he wa$ himself a rr-'^ '^' inded. Indeed if you
attend to the cu r^^ it is impo»$itd4^
VOU f^hijuiiii iin I hv wuK — \iin will!
findtl iof
Citiiiig lu the coinuuttce t»l di^'lrgatca
lar parl*» of letters, vr kctf»iug back let-
^ or parts of Jetter*., a* they t^iou^ht proper ;
iihn% nil th^ir v»*t romtminicaliori* Hv oor*
■'Of,
biiiv — II hi**
r and coi n*,
^,4./«M vven to tlu .«(ri . «>in-
Jn the very outwit of ihc I^n-
,1 .]tri ' y<if irjv. in the lofmation
recall lee t, and par-
it. ;i vrrv lri\ -li-
[lt78
rious; and it i<^ perfectly plain that he did not
contmunicatc to the delegates nil that passed
betwern him and Margarot aiidSktrvmg; —
you will recollect that the first pl.in of scod-
itig delegates to the convention nt Edinburgh,
which afterwards u«?«iunied the title yf the Uri*
Ltsh Convention, originated in a correspon-
dence between the prisoner and Skirvuig,
which Wds expressly comnumicuied only to
^' "^ "■ * '" ■ -iirs by Hardv** letter to
!i of October llOtl, tlial
^ ., .Lii toUardyprivatelVt about
sendmg thew deli^CHtcs ; that Hardy liad com-
municated It to Margarot; that tliey ui^hn!
it to be ofiicially communicated to the sck iri
and the prisoner usc% theMr words, " wuiiwnt
any ways mentioning that you have wrtUeu
lo roc privately/'
Dentlemcnf here you see was a contrivance
to induce tiie sending delegates frotn thn
country lo the convention which was mtended
to be a*^scmbled at Edmburgh; and by whom
is the contrivance ? I do not mean to »ay«
that the persons I am going lo name, arc all
the p»^^ T,in ii, .f were concerned in it ; but it»*^v
are itames appear in this part n;!!
tran^ kirving, Hardy, arwl IMargdr^i .
no other jierson appears at all privy lo the
original idea; — on the 5th of October 1793,
Hardy writes to Skirving — ^From that letter it
appenr>t, that there bad been a private correb-
pondence between him and Skirvmg upoi^
this subject ; that this had been communi«
eated only to Margarot; and that MapKurot
and Hardy, cunsufting togellier, diicrmined
that it would bt* proper, that an oHkial letter
should be written upon the ^difect^ which
Hardy might be able to ^*"-^ ♦•« »h<- delcgalea.
If in ihatoflicial letter had stated
the fact, that there had t'v . • , ite corrw*
pondence between himi^if and ihe prisoner
upon the subject, the delegates would have
said, ** where is that correspondence? ve
have never heard «tf it before." Therefore the
pri^ioof T telb Skirving, do this ** without any
wayi motitioning that yoti ttave written to me
privately.*' h iliioi ,. this letter^
that the previous wiia con-
cealed from the rr^t oi tn»j ^^>f u i y, frorn the
committee <'t delegates, even from ilie com*
raittec <*f Scrrcry, h% well as tf' '■' '<» of the
wcicty? th-U all this was a e be*
twe^H SV Tl iri'T f I inl^' ^Uiri M >'[ I lift
pUiV ^;:'-
E;it, ■...;/:,.■--..,. ' Wi'h-
r, in a great hiirr>% ^ •• waa
i beloM. Thi* Ibt nding
to communicate to ilw CouUitu*
lely, and dc legiites are cho%en, and
^c 5seut to fc<hnhur;fh. — Frohably thm was a
*tudden thought : and T think, when I come
ri rooTB partieu*
I hat it wa«k m*
iv■.^■ ^»ri»oncr had the
insactions^ and pcri^
J
GEORGE
dence which tOQk place after ^IiTRarot and [ king in the execution of his aitthorily,
Gerfald went lo Edinburgh, you will see thai ' forcibly lo aller ibe legislature, and 6r
the correspoudencc between ihe prisoner and
thctn beciinie j)arllv private, and partly ol axi
official nature ; and there is one letter, of ihc
dtli of December, 1793, in which Margarot
.ay5 lu Hardy, *' Vou may consider lhi» as a
private letter ; but you may read such parts
■ il as you may ibink projicr, to any member
f the society, especially where il may be pro-
luctive of good.*^ Oenllemen, this letter
ijiows that Margarot had a nerfecl confidence
I in ihe prisoner! that he relied upon him in
Mhe whole transaction, and that he left il to
lliis discretion to produce to the rest of the
ciely, such parts of this letter as he should
bink proper to communicate*
Centiemcn, there arc several other letters,
Itrilh which 1 will not trouble you, in which it
pjiears tliat the same sort of secrecy was kept
llip ; and on the nth of April, 1794, there is
Im letter from Margarot to Hardy, in which he
r^pressly tells him, *• Show this to nobody,"
[A11 these circumstances seem to make it im-
I possible lo consider Mr Hardy, cither as one
[who could be deceived, or as inattentive, or
[Ignorant. He must be ranked in the number
[ ©f those persons who led the society, and as
I one of the most active.
Gentlemen, considering him in this light,
land conceiving, therefore, that ihe evidence
Vpresses as strongly against him as against any
[other mtn. I shall endeavour to investigate,
Ffirst of all, the law upon the subject, and then
peonsider how that law applies to the facts;
ESnd I shall go pretty much at large into the
I law, in consequence of what passed from my
vleanied fnena who led the defence for the
Cisoner, and who entered pretty much at
ree upon the subject; the gentleman who
\ folK>wed him having also in some degree ad-
I dressed you upon it,
I ■ Gentlemen, the indictment is framed upon
^tbe statute of the 35th Edward 3rd, upon
I which you have heard a great deal. The pri-
oner is charged with high treason in com-
sing the death of the king: and you have
in tokl that the law makes the mere intent,
EfeUowed by any act done in pursuance of that
[intent amount to the crime of high treason.
[ Therefore the indictment states various acts
lio liave been done by the prisoner, in nursu-
1 mnce of tlie alleged intent. The 6rst of these
Vb a conspiracy to procure a convention to be
I assembled to subvert the legislature, and
f depose the king. Evidence has been given of
iTaiious matters which I am to contend prove
llhis fact, and several other facts charged in
I the indictment as overt acts ; such as compos-
ling and niihlishing various books and papers,
jconti tement'» to send delegates to
\ c : ! ! — consulting about aasemViling
I convention— agreeing upon ihe appoint-
ent of a committee for thai purfiose.—
Thtse are charges which relate to the as-
|-«caibling the convention. — ^There is a cluirge
fptocmm$ arms, to oppofiowiib force tEc
the king. — There is another charge of a con-
spiracy lo levy war — another of :i <^.r.*.^.".rf
to alter the government and deposr
and others which are nearly ol . _ e
efiecl, intended to meet all poi^^sihie ctsr*
which mi^ht arise on tl»e evidence which hai
been laid before you. — ^It is for you to judge,
from that evidence, whether ibe prisoner at
the bar, and those with whom it is aUc^ed be
conspired, had formed any design which
would render their minds guilty within the
meaning of the law; and whether he had de-
monstrated this criminal intent by any met, or
acts, in furtherance of it, so as to brmg him
within the penally of the law. And, gentle-
men, you must likewise consider, whether ihc
acts so donej have been proved as tin iiu r^.
quires ; thai is, one act by two v r
two acts, each by one witness ; an ^;r
you gjite credit to the evidence.
With respect to the formality of the e«i>
dence, as no objection has been taken lo it,
(and no objection, I apprehend, could be tnkcn
to it), I shall not enter into that subject ; and
1 conceive that the only subject for your con*
sideration now is, how far you are lo give
credit to the evidence adduced, and how f«r
that evidence, if credited, gives sui^dent
proof of the charge contained in the indict
ment.
Gentlemen, with respect to the queslioiiel
law in the construction of this statute of the
25th Edward 3rd, I venture lo lay il down to
you as clear law, that forming a design to take
any measure by which, if pursued^ Ihe ki^i
life may be in danger, and taking miy flep lO
pursuance of that aesign, brings the man who
is guilty of forming that design and taking
that step, witliin the provisions of the statute;
and that it is nerfectly immaterial wlieiher the
arts proposeu to be done, or the mnitlifli
taken, were or were not equal to the pur|iOia
It is sufficient that the intent was — -r-."*(J^
and the act done in pursuance of tr
Gentlemen, before the statute • ^
Edward 3rd, (as has been repealed
vou) there was con«iiderable uncert
law of treason. Many acts wt
son, which were certainly m-
of the king*s authority ; and U\ cuu^m^uu^
the legislature was, in the 25lh Edward Sfd^
called upon to define treaJi^ons. Iii doing this,
the legislature must have considered, if «»<
suppose the persons who made tbb Uw le
have had the sense and discretion wtudi mUh
nariiy belongs lo men in thai stluatioffi^ and
they have been generally cousidcrcil a» men
possessed of great wisdom — indeed it ia a
geneiml observatioo upon the tffmctifliia of
the rdgn of Edward the 3rd, pirlkiikiitf
with respect to law proceediogs^ thai Uirj
were dear, plain, and uncmbarrasacd, «f**
dently the work of v« or iikc»-*d
must necessarily liavc tw ihcn^llial
it V «r for ihtm to cgu^idiBrp
1181] S&r High Trmson.
makuig the law of treason* >%liai necessity
there was for providing the law of treason as
ft distinct code, — Tlie necessity is clear and
plain : — An as^ociation of people, forming a
state, must h'dve some form of government
by wiitcli Ihc whole body must be submitted
to fioxne power. That power is differently
constttutcii in different governments; but in
every government it must of necessity be
•overeign. VVlmtever that power is, it must
act for the whole body, it must represent the
whole body, and the act of that sovereign
power m«sl, in the government of that state,
le taken to be the will of the whole* A state
cannot exist without such sovereign power;
it is the great bond which binds the whole
togethtr, and makes it really a state (for^
without mch a power to control as well as to
direct the actions of all individuals in the
itale, they never could act as one body, and
as a stale), thus giving to the whole body the
unity which belongs to one person. The con-
sequence is, that any attempt to destroy the
constitution of the power so established, is
necessarily an attempt to destroy the very
purpose of the aasocialion bv which the state
tt formed, and Gonsequeniiy to subvert the
state itself; for the constitution of the sove-
reign power is an essential part of the agree-
ment, or the compact, or whatever you will
call it, upon which the people arc united
together in one association.
Gentlemen, it is the duly, therefore, of
every person who is subject to the sovereign
power of a state so constitute<l, to support, to
the utmost of his ability, that power, as the
oeccfeiary bond of the whole state; and his
acting contrary to ttiat duty ts treachery to
the state itself, and his crime is denominated
treason* — Gentlemen, the true foundation,
therefore^ of the law of treason, as a distinct
code, is the necessity of providing for the
safety of the slate itself, in the constitution of
tta flovereizn power: as the principal object
«f the artmiary criminal law is the personal
arciirity and particular tnioymenls of the
«4ibjccls of the state as individuals. It has
therefore become necessary, in all countries,
to make a distinction between those acts
which put in hazard the sovereign power of the
fltate, and those which, though thry may be
contrary to the provisions oi* the laws, %re
merely contempts of the aulhonly of that
sovereign power to which the framing and
execution of the kws is intrusted, and ilo nol
immediately put in haxard the constitution of
the sovereign power, and ihcrttore the cxis-
teiict of the state itself; or, if they do iu some
de(^ affect llie safety of the sUlr, arc not
taetaderea as so dangerous as to require the
^everc coercion of the law of treason. As, for
instance, Jibeiii, and publications ut thut kind,
t^ugh tJiey tend to aficcl the safely of the
•liite, hflvf n^ver brcn considered as ofUiat
'1 I, wbfn standing alone,
ic legislature, in tlic iith
01 i^wufii :ii{i, was c&Ued upoa to d«-
A. D. nw.
[1183
fine treason, it was necessary to consider what
was the degree of treachery to the state which
the salety of the state required should be
[)unished with the high penalties annexed by
aw to the crime of treason, — For, previous
to Edward 3rd's time, Uie crime of trea-
son was a crime known to the law, and its
puniihment was defined. The defect in the
law was, that the crime ititif was not so
clearly detined as the safety of the subject re-
tjuircd ; and therefore the law was made for
the safely of the subject, that those act*
which were not in so great a degree dangerous
to the state, should not be so penal.
In the execution of the duty which the ]»«
gislature were called upon to discharge, they
declared that the penalties of liigh treason
should attach upon those who were found
guilty of compassing the death of the king^
and particular persons of his family ; of levy-
ing war within hts realm ; of adhering to th«
king's enemies, iu his realm, or elsewhere ;
orcounlerl'eiting the king^s great and privy
seal, and other acts of less importance.*— At
the head of this detinitioU| is the comjmssin^
and imagining the death of the king ; such
compassmg and imagining, or purpose of the
mind, being manifested by some overt act.—
That is the language of our law.— Upon the
construction of this law 1 must confess that
hitherto no sort of doubt ha^ occurred to my
mind. It has been attempted by tlie counsel
ior the prisoner to raise a doubt upon it, and
particularly by the learned j;entleman who is
the leading counsel for the prisoner ,^It
seemed to me (and, notwithstanding the ex* i
planation which he thought proper to give, i|
still seems to me) that, m so doing, he con-
tradicted that assertion which unquestionably !
he made in the character of an advocate im^
lord George Gordon*s case, that. " The plain, i
unextcnded letter of this act of Edward 3nii
was thought to be a sufficient protection to the j
person and honout of the soverci^^n, and \
ade<]uale security for the laws committed
his execution." — Speaking of the statute
ronaistiug of different and distinct members^]
he adds, "** I shall mention only two of
numl»cr, the other not being in the remote*
degree applicable to the present accusation
*i'o cvrnfftittt or imagine the dtaih of the king j
siK'h imagination, or purpose or the mil
visible on^ to its great Author, being ma
fcsted by some open act ; an institution obvi
ously directetl, not only to the security of hii
natural person, but to the stabiluv of the go* J
vernmt-nt; the life of Ihc prince bemg so in*j
terwoven with the f- >«-»"t,.t.MU of the statL,
that an attempt to i! one, U juatlj
held to be a rebcUiutu ... , racy against
olhcr,"^
There 1 make use of the words of my le
friend ; and 1 am sure, wlienever I make
of his words, I cannot make use of belter^
« See th« case of lord George Qordao,iiiili
Vol. fl,p.5e!^.
liSS] 35 GEORGE lU.
What is the meAuing of these words? — ^There
cwiuoi be an^ other than this ; that a conspl-
]pfy «§MiMt the hie of the prince is a ronspi^
ntty a4{BUSst. the canblitiiiion of the stute, a»d
a conspiracy asjainst the conHitulion of the
state is a cuiupiracy ag^iin^t the life of the
prince; the life of the prince being so inter-
woven with the constitution of the state, that
an attempt to destroy Ihe one is jtistly
beld to be a rebcilioti!^ conf^piracy against the
other. — Tlic provision is not with a particu-
lar view to the (Ustinct person of tlie man,
tliough il is intended to preserve great rever-
ence to whoever \% upon the tJirone of the
( GduntrVy but it is because he is the king; but
I it he supposed, that when the legislature
I making u law upon this subject, for
r t^c express purpose of dcfiuiug those crimes
^liich should be deemed treason, it should
I overlooked that sort of provision which
mccesnary for the presentation of tiic con-
PiUtution of the state itself; that the law
[ ihould so have retnained until thisday ^ and that
It should be necessarj % in the language of my
I learned friend, to resort to parliarnent, for an
I act to b« niade upon the subject ? ^
Gentlemen, it b abtiurd to suppose, tlmt if
fiberc really hid existed this defect in the law
titom tlic !^5th Edward ^^rd, till tliis tune, that
Elhc defect should not have been sunplied.
I But it never yet has been understood tliat
I there did CKi^t a defect in the taw. It has
I always understood that the provision of
L law was adequate to its purpose; that it
did sufiBcicDtly ntotect the state ; that it has
in all times, and in all instances, proved sui£-
Cieot; and, therefore, the tegi«ilature has
Aever (with this view) thought of making any
farther provibiou upon the subject.
Gtiiltcnien, when it is considered what is
the nature of the government of this country,
there rannot Ije a doubt upon the subject.
For, m truth, the person of the king in name,
istlto stale itself. All the powcrii of the state,
Itgislative and executive, are nominally in
him. Not really, liecause the king can make
jao law but by the advice, aeid with lheas:*eiit
of the Lord Si and Commons in parliatufut.
He can execute no law but by his judges and
other uiiniblers of justice, according to a
formed and regular establishment* He really
docs nothing, but he nommally does every
ihmg. The consequence is, that he is, to ail
intents and purposes, the sole rei»resenlative
oftbcsLUe; and hi his name every act h
done. Therefore, when the security of his
peraon was provided for, and the principle
waft established that that person was so inter-
woven with the stale itself^ that Uiey could
not be separated, it necessarily followed
that the security of the constitution of the
state was provided for, in providing for the
protection ut his person ; the sovereign power
of the state never could be attacked, without
an attack likewise upon the person of the
J*ing.
Genii eiD en, it iilmi?o*sst\>k,\\v?;t^bit^^'!» \i
Trial qf Thomas Hard^
urn
seems to me, t^* dfoubl that any attcfiyt to
subvert the cociMitutioD of u>€ Hnwkn
power in this country is, i i ittPBi|l
to depose the king trijin th ' terivHtl
he holds in thee not the wnm^
power by law r«>t ; nnd t! hift feeei
constantly held hiucc the ^ llytiC^
lute of the y5th Edward 3r vatteafl
to depo»e the king ne< • !!SiQ i^
tempt against his life, t r pntaa
il may be coloured, aim u neinpr i nc itilcsiai
be wholly to depose, aod to put anoUieriDli
place, or to destroy inoosirchy ilKV: «
merely to take from the king hts ^ofcmp
authority temporarilyp for Mime cdlaia wv
poses, Mich an attempt has been alwi^t) m
to be treason.
Ccntlemenil cannot douht Qfthif^nll't
should be necessary, I am persuaded nr U
and all the judges upon the bench, vluMl^
firm what I say. I confess [ <»huuld hafcb«
astonished to hear this doubtcii, if in Ik }»
sent a^c I coukl be astonishc-il at ^nv llil^
htit it IS the temper of the \vM m
to the world that every thu u ba
revered for a«es, is uow nu lun-r-ruibta'
vered; that ttie reason of oiaiTii Imam
* more powerful than it wa$ in fortacr tM;
and upon every subject new lighlSMttoWk
in upon bis mind ; he is to be a new itSBii
no longer to be governed by the maiimd
former times, but to proceed entiielj u^l^
theory of his own conceptions.
Gentlemen, when mv learned firieodofi^
tills point, he appearedf to roe to leel tint li
was so stnijggling with authority, ihiS kit
not know bow to manajge the suHjodri^
Erofessing to be bound by those asitlMdttt
c at the same lime pretty broadly iatioi^
an inclination to put them aJI a<^f. Y«i
must recollect, however, that he did lh»,Ofll
simply in contradiction to the decisioBi <i
courts of justice, but in truth ■- - '*^^afSm
to the decision of pariiam eii f tk ^
cision of parliament in niak dil^
the decision of parliament, :\»a.>
cial capacity. The grounu da*
learned friend has attempted to put his ix^
ment is, that the intent is the gist of n
crime; and that when a roan doe& aftJCS*
ful^lmcnt of an intention, be amst Bn^ kn
conceived the intentioo. Now« gcixtkMU
by that is meant that he must havr loioidt
distinct and clear purpose to do the fadiD^
act, ucjtlung can possibly be nnore miftUki;
not only in the case of treason, but ta c^T
other rase whatever. If a man shoeCl aii>
with an intent to kill him, and kilb B* vk*
he has nomlcntion whatever of kiUiiife|tlb
is guilty of kiiiing 6. with mabccafdrSua^
So if a man iays poison for A* aiwtR takfil^*
and a variety of other instances Ibtteiftii
which it is perfectly clear thata munbivkli
deemefl guilty of a crime, which was the et^
sequence of his act, although he bad m^i^
tinct preconceived intent at Ibo tioM, ifail ^^
Tisx iibp^uld produce ^ tbe coiiamiifiBDi|iiiii^
V
Gentleinetiy in commenUDg upon this sta^
tule of the 25lll Edward 3rd, my learned
friend cited frum lord Hale*a Pleas of the
Crowu several passages. Page tJO was, I
Ihiiik, the first ifml he cited, where lord Hale
says — ** accr^aciiing royal power was a usual
charge of hi^h treason anciently, tliou^h a
very uiicertatn charge, that no man couM
well tell what it was, nor what defence to
isalce to it/' And again in page %% he says
— ^* before the staiiitc of the 95th Edward
Srd, almost every oftence that was, or Bcemed
to l)c a breach of the faith and allegiance due
to the kine, was by construction, and conse-
quence, and interpretation, raised into the
ofi'cnce of high treason/* For what purpose
Ihisse pansageji were quoted by my learned
fncnd 1 am at a lo^s to ^^uess. Tliey s^em to
■ne dearly to show, and \v ' ■\ !jy
lord Hale as clearly sho>vi liji
true intent of the «latule ol u m ^ -i i , . \ vvdrd
drdj thiit i&, that such acts ab did not tend in
their roimrnupiirfK to f^ndanger the life of
thekih L4hl be deemed in
•ome <; uu of royal |»owrr^
or might ttecm to he breaches of faith and al*
Jegianoe to tUc king, yet should nut he
deemed high trcasori. Vou will observe iheae
we the two articles which he *ppcific«» in the
two passages I \v ! which
t^foro ihe 25th 1 -i:d into
the offence of \\v^\\ iTrii^ou. \\w ulijecl of
the statute i%a"*, ihal such offences as were
H"* <- "'t'! in their consequences to endanger
t( fhe king^ nhuuld not be difemed
t: I v<. lit (for in this tlie stntuie
fii ept that it makes some
»t» . gree are accroitchments
of royal ptiwer , ur breaches of faith and alle-
l^tjuice to the king, though they do not tend
in their consequences to endanger the life of
ttic king, high treason. What are tlicic acts ?
OOti is K* vying war within the realm. Now,
IcTying war within the realm, in the sense in
■which these words have been constantly un-
derstood, and in which it is clear from the
^{,.jr. , » .i.o -"vitite, that the woH^ *•» *-
I -ny be a sort ot
b\ iiig the king's ^,,,.. ..,., .,;
ci fnch have no view whatever
to II of the government of the
kii»g, I opposing his authority. In
tile pn tnnce of ndhcring to the
kiog'^ f have even a
fSOlut* t*of the Kin»;
mnd yet ii is Uccluu-il to be 1 1
And so the other articles ; coun
king's great or privy seal, or his mour j^ ivc
it is clear they could have no possible view
to thr ♦•r.ri ....rr.rTng the person of tlir king.
All th L;ht seem to be in breach tif
failh if It f-Ui the king» »>r coming
UDd«r tlie It) of accroachment of
fiO^al power ifeitiDLr lb*.' kiiJi:'s ^\i\\
might be called tiie accr<
power; that is, taking uih
voLjyav,
does the act, a certain accroachment of royaJ
power ; but could not by any means whatevtr
affect the person of the king, and the meani
u«4?d could not in any degree put the king^s
lite in hazard. The other two, levying war,
and adhering to llic king's enemies might or
might not put the king's hfe in hajtard, ac-
cording to circumstances ; and what has
been the consequence f If war is levied, ur
a man adheres lu the king*s enemies^ under
such circumstances as cannot possibly aftect
the life of the king, the person guilty can
only be indicted upon those clauses of the
statute which make levying war, or atlheriog
to the king^s enemies^ treason; but if he
levy war under such circumstances as may
aft'ect the lile of the king, he may be indicted
upon the ftr?*l clause of the statute lor com-
passing the death of the king, and tlio levy*
mg war m;iy he given m evidence as an overt
act of that compassing, if the object of that
war is such, that it may endanger the life of
tlio kiiir :i t<)fisTnracy to levy it is unqije»>
rt^ although the act speakft
war. And, theretore, a
dti^tuictiou has pievaded in the construction
of the law, and the actual levying of war is
necessary to constitute the crime of high
treason under circumstances that can have
no tendency to touch the life of the king;
but if the object is, to destroy the sovereign
power, or to depose the king from the exercise
of that sovereign power, or restrain him in
any manner in tlie exercise of it, a mere cotK
spiracy to levy war for such purposes, is liigh
treason witlnn the first branch of the 'jt:ilute.
Another passage was cited by the learned
counsel from lord Hale ; it is in page 1 10, in
which he states and which seems to me
to be directly to the point for which I
should have stated it, tluit ** a conspiracy
to depose the king, and manifesting this
by some overt act, it an ovcrt^ct to prove
the compassing the death of the king,
wtttiin this act of 33th Edward 3rd,** and in
page 111, he says, ** compsissing to depose
It,,. L ..^., ,. ,.., ^. i.ir.r.^r. oi" fTvcrt'acl withii]
ind ard." He
- . ., _ ... L. _ i;, :._.iics, where lord
Coke says—** As il divers do con«<pire ih«
death of the king, and the manner how, ami
thereupon provide weapons, powder, poiM>n,
array, harness, send letter^, 6rc, or th<» like,
for f^iecution of the con^pi
tion by some overt -act t-<
the kmg t ^I'd
I prison Tu ' cef»
\w\\ demands ; im> on
prove the touipa§^uig ai^
death of th- i— '- - '
kT, iH to
IrMM.il In.
Andv
ih4J Klua^
1 ttie
rr.rd
1
4 G
_l
1187] 35 GEORGE HI.
the earls of Essex and Soollmmtiton.* And
he iuitia thai it hati so fuUeu oul in several
<jtljer cai>es to wiiich he rerer*; particiil<irly
the cases of Edwiird Sind, Richard 2nd, Henry
filh>and Edward 5th, and other unfortunate
kings who had reigned in this country, and
who lobt their iives by such conspiracies.
The same doctrine, with the same comment
upon It, is also staled by lord Hale, with re-
Jereiic*-' to the same cases ; and sir WiUiain
Ijlack^tonc, in his Comirieolary^ considers
these points as settled law«
Perdaps nothing lends more clearly to il-
lustrate a point ot law^ espcciulJy to persona
M^ho are not in the habits of considering
points of Inw, than the vcr)' terms of a ca&c
iffhich hiis actually happened ; and in that
view I wiil slate to you ine proceedings iipon
the trial of sir Chriblophcr Bhrnt* and other per •
sons wijo were indicted with hirn^ in 43 Eli-
zabetl), for being concerned in that transac-
tion of my lord Essex, which 1 think was
mentioned by Mr. Gibbs, Upon the arraign-
ment of sir Christopher Bluut and sir Jonn
.Davis, who were indicted for high treason, in
compassing the death of the queen, they con-
fes6«d that" their design was, lo come to the
queen with bo sli'ong a force that they might
not be resisted, and lo require of her divers
conditions and alterations* of government.
This they coiilcssed. Nevertheless they in-
tended no personal harm to tlie queen her-
seK ; and Inat was the reason why they coyld
laol conless the whole indictment, because
tht: indictment charged that they intended
and compassed the death and destruction of
tlie queen. Lord chief juslice Ponham told
Ihem^** whenever the subject rebel lelh, or
riiieth m a forcible manner to over-rule the
royal will and power of the king, the wiadora
and foresight ot the laws of this land maketb
thb construction of his actions, that he in-
tend el h to deprive the king both of crown
and lite;— tor I lie law judj^eth nolofthc fact
by the intent, but of the intent by the fact."
To which the queen* s counsel added ; " tliis
couslruction is no mystery or quiddity of
iuvv, but an infallible conclusion warranted
by reason and eTsp^rience; for the crown is
not a garland^ or mere outward ornament,
but consists of preeminence and power;
and. tlierefore, w^hen the subject will take
upon him to give law to the king, and to
make the sovereign and commanding power
become subject and commanded, such subjeci
layeth hold on the crown, and taketh the
sword out of the king's hand. The crown is
BO fa^t( nril im the king*s head, that it cannot
Ih* I hut head and lite will follow^ as
nil , bolli at home and abroad, do
inauiitJiU 1 iierefore when their words te»-
lify one thing, and their deeds another, liicy
lu^e hk^ the decbration of the f ">
witli Catahne, jfruies^iing Ihetr < L
* Sc« the case m this ColkcUon, Voh 1^
Trkt of nomas Hurdtf
[ttSB
"'•"•IB
new ^
was Ibeir own security, thai Uiey soughl fto-
thiug but just [aw!t,*and tlial fibcrty which
no man would Imo but' with Jifc« Botid-
mitling that the pr ♦r • ♦^ - ' ' ♦> ■' ■-• -i^ff
wa<. so far true, t( k
in their luindh a 1^. .;. .. ... a*
tion to liAve destiu^ed Uu n*
yet there is nothing more n tht
mind of man. When they were i>ntc iiJo(l,
and lud the nueen in their liitnds, wbo eo«M
promise of what mind they would ikgm b»*
especially as lord Essex, upon his ami^n*
menl, defended his first action of inipritiOQiiig
the privy counHellor';*, by pretence dial be
forced to U by his unruly company. So
if themselves" (that is bir Chratilopher
and the res I) " would not have hao, or
nut see/n to hsive had that extrerne lUid
vihsh wicket! ness of mind as t«* lay vi'
han<ls upon the queen^s sacnd pe'rs<MJ, Ht
what must be done to satisfy the miflHttioe,
and secure thek party, must then be ttw que-
lion/'* That is, when they once had tikcii
the measures which Uiey meant to take« it
was not in their power to say whether thiy
would, or would not secure the ■ f>-
W hat must be done lo satisfy the : j ^t
be then the question . Here, ^en t k ■ - m u tt
roe to draw your attention lo - >r > tn^
which fell from Broomhcad, one of rli<! wtv»
nesses, who when he wa^ asked wbetbcr
there was any idea of violei^ce or f«rce,
he disclaimed every idea of it inkUcmmmind:
but he added, ** what persons niinht lavt
done, if any convention had u I
cannot tcli." A very sensible, vt; ;nd
very proper e:^ position of the law upon tbi
subject. Sir Christopher Blunt, and tlmt
indicted with him, when the law had been
thus slated to ihcm felt tlie force of it* Thf j
said they had entered into a deeper coiuAdi-
ration of the matter; they were sorry tiicy
had given the Court ho much trouble, but thi
facts of the case were perfectly clear ; _
them, and they confessed the whole of
indictmenl.f Thcv were afterwards
cuted; and sir Cnriitophcr niunt is
speech at his execution, -
snows the propriety of dra^
sion, as an infallible conclu^ioo,
by reason and experience, in the si
and clearest mamier. In liis speech al
execution, he baid, *' allliough ii he true
as we all prolested in our t i^if
arraignments, we never rcK' i i ng
to her majesty's person (for m none «f
consultations was Iherc »et down mof
purpose) vet I ku*^^^ >ku1 n.t.w! r^Qf^m^
bad failed of our i, rmtber
have been disapi , ^^ bftTft
blood from heraelif/' t
* See the case of fir Cheifttopber
and uUiers in this CoUfirtioD^ \e\, f» ff
t See A ol |, p. Ui )
X See the jipeech of sin
1189]
Jixr High Treason*
D, 1794.
[1190
Now tk^re, gciilleroeiit h ll»e runfession of
A d>in^ nun, uhu fell and acktmwlegcd, in
his la^t tnomciiis^ ilmt allhougii tic hud never
faruK^l any dibtinct |»urpose of doinj; any
ir^ury wliatevcr to ihi; Cjuoeii in I lie imnsao
tion wJuth he has engaged in, yet he saw
the conclusion to which it hjivlialdy led;
ntni'lv •.K till V rr,ith] Tint K i\i ^iibmilted to
litiv l>ose,ratlier
I 4han ' ^, ' , i havedniwn
blood cnen tVoui tijcrr sovereign. It i^lrikes
me tliat nothing cdii mure clciu-ly demonstrate
what is the true ronstniction ol this bw than
the bare narration of the case I have now
cited. It showA that iho»c who have con-
istrued the Uw io the manner in which I ha%'e
staled it, have construed it by drawing infaJ-
liblc conclusions warranted by reason and ex-
perience,
Gcntlemei), the ca^es which are menliooed
by Kin) f oki- liy name onJy» the case of Henry
4t]! Ujchard 'li, and Rdward Uh
dqM _. ury otli show that the humbleness
43ftUc demand iit the beginning of a scheme of
this sort may often lead to the most dreadful
cooeetjuences. When the wife of Edward Sd
cotMtfiured against her husband, and came over
I to this country with her infant son, her |iretence
I was, that it was only against evil counsellors,*
I In consequence of thai declaration, numbers
I JoiDed her^ who were discontented with the
t king^s government, unquestionably with very
considerable rcAfeon. What waa the re-sult?
! The moment she had raised this power, she
, got the great setil into her hands, she issued
writs for summoning a parliament in the
1 king's name, without his authority, and in his
\ absence; that parliament when it met, acting
I without the king's authority, was in effect
J io tiie nature of a convention ; and they re-
^ Kolvod to depose the king, and place his son
' in his stead. In consequence of this resolu-
UMt tliey compelled the king to make a
^Blgliatiou of his crown, which was in no
HlgTcc voluntary; and tiiey placed his son
upon the throne. They had no intention to
! touch the ki»g*s life ; but those who were
more deeply m vol vcd in the conspiracy, the
lenders ol U» knew that this life w^s utterly
„ inconsistent with their safety ; and in a very
few montlis, they contrived that he should be
put tu a rao&t cruel death.
What w^s the case of Richard ^d;
wtts it not tlic &iune thing; nnd when we talk
oflhcmeaMi by which a conspiracy is to be
effected, we know that Heiiry Uh* wlieii
lie iirst iLindtMl at lUven^pm^, had but
tWCf"" '' '!-—■- K-i-..- i.riMM ilu-
i:^
body oi people,
It to dt^atlLt
• See the Pn>c<^djngs agiiinst kma Ed-
vru^ the Second in this CoTlecLionj
t See the ArtkliM of Accuiattaii iguniit
kmg tAi-
, Vhh I,
nf'aiii ui ihc
Ulc, the act
Therefore you are not to imagine that a
distinct cogitation, or intention to destroy tlus
king, is necessiiry ti» conslittilt't tlie crime of
treason. If the act |
that which ia its con-
log to ordinary eji^iiri'
king, or at Idst to cri
is in subitaucc high- iu ..
Of the persons who formed the convf'ntion
in France, for the purpose of establishing a
government, such as it now is^ prohubly when
they deposed the king a great numher had no
ideaoftouciiini; his life. We know it was a
qiiestioD extremely agitated amona them^ and
there are strong re^isons to believe that the
majority of them, if they tmd been free agents,
would never have consented to that act« But
the question, after they had deposed the king,
was not what they woutd rfo, but (as was ob-
served in the case of sir Christopher Bhmt)
what fnuU be dant^ to satisfy the multUnde,
and secure themselves. The moment they
entered into those measures, they were no
longer free agents, they could no longer con-
troftlieir own acts, and the consequence was
the death of the king.
Gentlemen, this doctrine is also laid down
with equal clearness in a book which has I
cited by my learned friend, and which app
to me to demonstrate the impossibility
putting any other construction upon the sta-
tute. The manner m which the author states
it, is thus—** The care which the bw hath
taken for the personal safety of the king is
not confined to actions or attempts of a more
flagitious kind ; such as attempts either to
assassinate or to poison, or other attempts,
directly and immediately aiming at liis ufe.
It is extended to every* thin^, wilfuUv and
deliberately done or aitemplcd, whereby his
Ufe may be endangered. And, therefore, the
entering into measures for deposing or im-
prisoning him, or to get hii> peisou mto the
power of the conspirators, these offences arc
overt acts of treason, within this branch of
the stittute. For experience hath shown» liiat,
between the prisons and the graves of kings,
the distance is very small.''
Gentlemen, this is the language of a man,
who has, in general, been considered as ex-
tremely correct upon this subject, sir Michjicl
Foster, who whs well known to many persons
now living. lie was considered as a man as
hllle disposed Io stretch the law, ufion any
sutjject, as ;uiy m*m tliat ever sat upon the
bench ; but he saw atid tell, that the ical
mciiniugof thi-jsUtute was, to provide tor tiie
K-.tl.t'. iiTiIh mn-'lilutioji of ihr slilr. ;iad lot
ho
. , ■ be-
cause, 111 providujg Ivr the >iileiy ol ihc kiUg,
the law necessiirily provided also for tht safety
of that constitution ; the crown being w fixtHi
on the kingS liead, tlial U could nut be pulled
oH, but ht'iid and life would follow.
king Richard the Second uxtJL^CO!^R^^Rf^<|
Vol. i,vis^-
1191] S5 OBOR6B UL
Trid^Thmak»U»d^
[llflS
I have, therefore^ been much at a loss to
collect upon what groand mTleanied friend
could asBcrty that iiothiiigooiild bea oompata-
uu[ the death of the kn^ under the statute
oTEdward Sid, but what would amount to a
oompaadng the death of any other man, under
the common law. He attnbuted this asser-
tion to urBiichael Foster; but, with submis-
sion to him, sir Michadl Fosterasseris no such
thinnn the passage tp whidimyfriend alluded.
Heisspeakmgonlyofthe/orMofthe indict-
snent ; and it is pcnecllj dear, that the case
of the long, and the case of an indhridualy are
in no degree parallel. For when the mere
ioHiginmg the death of a man* aeeompanied
vitb an overt act, was deemed, in law, as a
homicide, it never entered into the idea of
a^ man that, to remove a man from his
office, or imprison him, were overt acts of com-
jmssing his death, fiut those acts^accordineto
every authoritv, are overt acts of compasme
the death of the king, within the meaning m
the statute. The reason of this difference i«
cleer. In the case of the king, deposing him.
imprisonment, or any ooersion of that kind
tends to bis death, with relatkm to bis poH^
tieal character, bemise he is king, and for no
other reason. Youcannot uae m term depo-
sition to a private person, ner can imprison-
ment merely have any tendency in itself
whatever to his death.
My learned friend staled another passage,
from k>rd Hale, page 95, with respeot to ttie
statute of Richard the «nd. At the time he
read that passage, I apprehend he had the
book in his hand. If not, he had certainly
omitted to take from the book the passage
which immediately follows. For, if be had
stated both, he could not have mentioned the
first passaee, so as to raise any doubt in your
minds. For lord Hale expressly states, that
the statute of Richard Snd, was merely for the
imrpose of making additional forfeiture of
lands, and a new mode of trial ; and addins
some other circumstances in the four cases of*
treason, mentioned in the statute, all of which
he states as being actually treason, within
the statute of Edward Srd, and one of them is
deposing the king. So it perfectly appears,
that kird Ha)e considered the statute of the
It Richard 2nd, as in no degree afifecting the
original law upon the subject, and as intended
to mtroduce only additional severe provisions,
to establish a new unheard-of mode of trial,
and to add some other circumstances; all of
which it was thought proper, b)r a subsequent
statute of the 4 Heniy 4th entirely to sweep
away.
Uentleroen, I mentioned to vou, that the
legislature had, both in its legislative and in
Hie mmmZ
its judicial capacity, eiven prMiseW the
determination upon the subject. The statute
of the r William drd, limiting the time for
indietoients for treason^ excepts, by particular
words, persons designmg^ endeavourine, or
attempting any assassination on the body of
•A(iiJuflg>>yprisonp orotherwise; butdoer
Hot genendlyt
the£ath oftliel
that statute must
that there eusled ciact wBeh were («
the meanmg of the tft. Edward «id^ MB|
ing the death of the kiag» «iddidMt«
within the meaninKof i
soch attack imo
the king. And in ,
ment, m kxd Lovatf»
toun's eeset where the dnifa hna beoa tf
treason, hicompaavngthedcntfaeflheldi^
the same deciriona have been made. In Im
Wmtoun's case, sir Joseph fek^ (•to km
generaOy been onderslood to Mvebesn ai
oottstitirtkinal a lawyer, end nasood avkit^
as any that ever existed) eMea Ibe law ifaB :
^ a cens|Hnusy to levy war, with intent to
depose the king« is treason; andsncfaacoa*
spmey, to levy sueh a war, baa been heUts
be aA overt act ofcompaesbgaildinia|^nat
the death of the king.^ He then vpeskstf
another overt act alleged, wln^ was kti
Wintonn's ioining with others, in \
the pretender : ^whkh,** says be, *
veuring to set up another mnce, inlfaereen
of his majesty^ and I believe itwtU not be
doubted, but that is Kkewiie an overt act of
the same species of treaaon ; and if tfaae
wanted another overt act, the levying wsr
against the long, with intent to depose Um
(which b likewise mentioned in the aiticlBSM
a distinct spedes of trnaon) am aerve fsr SB
overt act of the other species ot eompasng
and imagining the king^ death. For, thoopi
it is reckoned in the statute as a distinct tics-
son, yet it dk>th not thereby cease to be of tbe
nature of an overt act of compassing sad
imagining the king's death, which it wasss-
tecOTcntto its being declared a distinct soecies;
and this point is likewise supported dj su-
thorities, and many attainders have oeeo
upon it."t
This was declared, by sir Joseph Jekyll, od
behalf of all the commons of England, on the
impeachment of lord Wintoun, before tbe
House of Lords ; and lord Wintoun was fbmd
guilty of treason upon that iropeachmept;
and judgment being pronounced against him,
the king, as the head of the commonweshh,
issued his warrant upon such judgment, for
the execution of lord Wintoun. In that ded*
sion, you have, therefore, the three branches
of the legislature, in their respective capacities,
giving precisely tbe same construction of the
act, which is now contended for.
Gentlemen, the assertion, that, ifpersoas
had conspired to seise (for instance) Uog
William's person, and to send him back to
Holland, expressly declaring,' that they intend-
ed no harm to his person, they srould not
• See it in this Collection, Vol. 18, p. 599.
t See it hi this Gollectkm, Vol. 15, p. 805.
i See sir Jooeph Jelnrll's opeains speech m
the case of the <«d ofrTmom^ cnii, VoL l^
1193]
for High Treason*
hnv«r b*fn guilty of trewon, seems to me very
,*ry. In the assassination plot* It
iipati the evidciict, that the iiiten-
u'iis only in case the con-
t.curc his jicrsoii* Their
f the
,.,.: ., ,,.... ^..._. .,. .-.,c. u..^ Jiuuld
^cotbe able to secure hi^ person^ that they
ncanl to asisassinalc him. In Iaycr*&ca*et
\i% waa exnre»»Bly proved, lliat tlie design to
cizc the kinp*!. person, was not tot the pur-
l|K)Sc ot kiUint; him^ hut Id order to protect
Ihini from !n*>ulL The intention of the party
bv^iS to make the pietcnder king, and to »eixe
ithe iHir^n of George 1st, for tne purpose of
^ lending him back to IJanover.
In lord Cobham*5 case, in the reign of
b James Ht, the conspiracy was, to stite the
llcmg*s person indeed; but nut with any
l*view of deposing him (except by depriving
l^ini ul power for a time) nor for Ihc purpose
i 4>f injuring his person, in any degree whale ver,
but for the purpose only of compellin*^ him
to aBsent to the general tolerdtion of tlie
c rehgion in this country, and
, intended to be proposicd fut
ROllr
to ti 1
that purpg^'.
OentWmen,
shall ' '
tf a
under these ctrcumsiances I
'J be perfectly clear, that,
rmea %o de^^poil the king
■ ' ■' He of his
intof the
,^..M.^, tu .- .. ^-viispiracv to
► depose the king, and therefore it is high
► treason in compassing the death of the king.
fientlemen, it has Imku next insisted, that
the nature of the evtd(!ncc required to prove
high treason i« different fn^m that which is
required in any other case, hy force of the
word ' prorabty,' used in the statute of Edward
Srd, and that, therefore, the fviden^e mufst
be direct <ind plain, [ conceive, in this re^-
IptcU Uie evidence required is exactly the same
, with the addition
, that there mu*il be
list; that is, either
I act, or one witness
another witness to
the same species of
two
<o ^'-■- ^'^^ , --
fWiother overt act, of
I ^"osson. With respect to any other distinc-
ktion^ in point of evidence, I have found no
^ mmlioritv whntrvcr. If the mind^ of the jurv
mre '
not ,
tnind^, m no
guilty io be \n>
the jury arc i
would prod uc!
ca^e iifti TT
crmie, tl
samei ia L.. .
iencc will
in their
verdict of
minds of
♦ d4*eitithi$Cgllectioti VaJ. It, pp.1501,
t See it in this Collector), Vol. 16» ft* 95,
A.D. I7M. [HOI
Another objection which has been raised
h, that the evidence has been curried to so
great a length. It is perfectly imnuiterial,
whether the evidence is long or sliort, with
respect to the ctfect it should have when it is
complete ; whether you come to a conclusion
by the proof of many circumstances, or by the
proof of only one; for, if the conclusion and
result of the whole is a conviction, in your
own minds, of the guilt or mnocence of th<
person accused, the eonsequence must nc
6ari]y be the same.
In cases of treason the evidence has often
been very extensive, but certainly in no case
fro extensive as it has been m this. In lord
Stralibrd^s case,* however, which was a case
of impenehmcnt, the evidence was very ex-
tensive, and took up a considerahli! lenclh of
time ; and lord Coke, in that book which Mr.
Erskine rited with so much respect, obj^erves,
that the compassing, intent, or imagination of
the king*s death, in a case of this species of
treason, lliough secret, is to be tried by tlie
peers; meaning the jury; and to be discovered
by circumstances, precedent, concomitant, and
8ub»»equenl. By such circumstances you are
to discover the intent; and then you are to
apply that intent to the particular acts which
arc alleged as overt acts of treason, if they
do not m their very nature demonstrate the
intent itAclf.
Considering the law to be clear, I will now
state the nature of the conspiracy charged.
It is nut a simple conspiracy to destroy the
life of the king upon the throne, and aiming
urilv :(i l/ini : hxMl it is a conspiracy (as it has
br led to be proved), in effect, to
dc I ^ . I rchy altogether; in the language
of one ot the letters which has been read to
you, to rip up roimarchy hy the roots, and
plant democracy in its stead. And I conceive
that this is to be drawn by f&ir concluBton
from the tacts demonstrating a treasonable
conspiracy. An intent to destroy the monar-
cli " Tl act in pursuance of that intent,
dc the intent to compass the death
ol .... ftjn-, as plainly as an mtenl to rob is
demonstr;ited by a man's coming up with a
pistol to your carriage, and showin" that he
nas the power, or that he conceives he has it,
to take from you your money* In such cases,
without even demanding your money, if the
thing were intended to be done, and means
were taken for the pur|>osc, the nature of the
attiick is utterly unimportant to the question
of gmlty or not guilly— it is unimportant
fbftrrowmgj as I may do for this purpose, the
r:i*i>i one of the Scots delegates, Mr,
i) whether the life of the kinc is lo be
Liiti'iiigered by a robber on the heath, or by
associated duhb: and I think that the latter
is far mrr" f* -^ f-rous. History tells us
thieve* [>etied the persons of
t€i^ns» I...; 1 ... have felt for foJ leu great
which popular conventions never have done,'
• 8cei\Uk^teaOa\\tK5a&tiv^^VVv'^»?
1195] 35 GEORGE m.
GeDtlcroen, I was repeatedly called upon
by my learned friend opposite to me, in his
address to you, to state the point of time when
the prisoner first conceived the criminal in-
tention imputed to him— my answer is, that
it is perfectly immaterial when it was first
conceived. The question is, did he erer con-
ceive it; and if he did, and acted in pursuance
of an intent so conceived, he is guilty of high
treason, although the intent is not necessarily
a distinct intent to destroy the king, but an
intent to do any act which might en^mger his
life, by any probable consequences.
Now, gentlemen, lias the evidence produced
to you, shown any fact from which it may be
£iirly concluded, that there has been a con-
spiracy to take measures in consequence of
which the king*s life might be put in hazard ;
and has the prisoner done any act or acts, in
Airtherance of such design ? I think when
the evidence is attended to, that there can be
no doubt upon the subject.
The attorney-general in his opening, stated
a case, in which he attributed to several per-
sons, and particularly to the leaders of these
two societies (of both of which the defendant
was a member, and to one of which he was
secretary) one general object, which they con-
sidered as a common cause with other socie-
ties, and with all the friends of liberty, in all
countries : the establishment of a representa-
tive government, founded on the principles of
the Rights of Man — and he likewise attiir
buted to them, a general pursuit of means,
for the accomplishment of that object — ^first
by enlightening the people, and secondly by
assembUng a convention (or meeting, or
whatever name you choose to give it, for there
is no magic in the word convention) which
should assume the character of a convention
of the people.
That is the material point — a convention
which should assume the character of a conven-
tion of the people, for a convention oft he people
CD the principles of the Rights of Man, must ne-
cessarily be sovereig^n. What are the people?
The natural power is in the hands of the multi-
tude ; the force remains with them. If therefore
those who have the natural force are to be called
into action by the assembHng of a meeting which
is to assume the authority of a convention of
the people, the whole people are called into
action, and government is necessarily dis-
solved. Tiicre is an end of all government;
every constitution must fall before such a
power ; because it is the people themselves,
taking back into their own hands, that power
which they had before delegated — I do not
pretend to* state principle^ contrary in that
respect to what these societies have stated —
that power which the people in all coun-
tries must be considered as liaving dele-
sated. But the moment persons are as:>eni-
bled who take uix>n themselves tlie character
of a convention of the people, upon everv prin-
aple tbev must be^ if they are what they as-
sume to be, sovereign: and if they are not
TriaiqfThmtu Hwrd^
[1190
what tlicy assume to bf, still if they tssaam
to be a convention of tSe people, they assuma
to be sovereign. — Gentkm^ if this is clear,
the end these persons wished to obtain was
necessarily the deposition of the king, and
something to be done in consequence of iU
It does not absolutely follow of necessity, that
the monarchy should be destroyed, and that a
representative ^vemniant should be esta-
blished; for it IS possible that the convention
of the people so assembled^ might deliberate
with wisdom upon the subject, ought be of
opinion that the monarchy was still the best
form of government, limited in some way or
other, anid mij^ht therefore form a constitu-
tion which in its nature should be monarchi-
cal. But whether they should do so or not,
still the deposition of the kins would be in the
interim as complete, as if they had actually
destroyed him.
Gentlemen, the principles adopted by these
clubs, give very little room for nope tost if a
convention of the people should have been
assembled, acting upon those princinles, they
would have est£U)lished a monarchical bo-'
vernmept For, gentlemen, those principles
(which they have repeatedlv declared, in the
evidence that has been laid before you, aia
principles never to be departed from) are first
^ the ri^ht oi equal active citizenship, or the
right ofevery individual to an equal share in
the gprernment of that societv of which he is
a member.** And here, gentlemen, I would
beg leave to observe a very clear and nutfked
distinction between their plan and what is
called the duke of Richmond's plan— Iho
duke of Richmond's plan never asserted any
such right of every individual to an equal
share in the government of the society of
which he is a member. All that his plan
went to, was simply this— an equal share in
the constitution ot that body of representa*
tives who should act in the manner m which
the House of Commons does in this country,
in the legislature of the couutr}*— a thing as
different as light and darkness, from an equal
share in the government of the society of
which he is a member — and yet you will find,
throughout the resolutions of these persons,
that constantly the right of active citizenship,
the right of universal representation, is applied
to tlie whole government, and is not confined, in
any one instance (at least I have not found
one) to such a booy as the House of Commons
is in this country. This right to an equal
sliare in the government, is the neces>ary
consequence and result of that principle upon
which they assert the right of equ^ active
citizenship ; and it cannot be questioned, tliat
the moment you assume that every man has
a right to an equal share in the government of
which he is a member, the moment you take
that as a principle, all the rest must neces-
sarily follow.
The next assertion of these societies is, that
the exercise of that right of equal active d-
tixenship in appointing an adequate rcpreseo-
um
for High Treaton.
A, D, 1794.
[1198
Ulive t?n*pmmf nt, is rtneutial to ihc flcrurity
oflhai it ofrqiMil arlive citizenship.
So it n ibly I*; be^^iitjse in m* n^jin-
ner but hy i ' ^m
(Hjwer i*» cjU \oy
the right !..if' MM.i! .- '.r ■ >\y. j-.Mi if
ibcreti- t ! I I ri r-. II the country,
th^"* I U t<|acii .k. L.vi. , mxenshiji. It'
i" 1 pcer^ are lo have a dbtinction,
L_ .... LiiaU it may be, ihey cannot be
rqual active crtixens with the rest. You must
perceive, therefore, that the moment it is es'
tabUshed as a principle, that there is a right
m every individual to an equal share in the
gcyvernment of the society to which he be-
TofDgSy monarchy falls lo the ground, because
it is utterly incon^jslcnl with that principle;
and you wilt recollect, that in tne books
which have been produced to you, this is laid
down as a very clear conscqueiKc from the
j^rijKiple ; VLtvA it is asserted, thai there was a
tuanifcst contradiction in the Trench consti-
tution of 1791, because, having established
the pririciple, it still retained a king in its
form of government.
There was another objection I recollect, lo
this French constitution, requiting from the
same principles. That all persons ought to
be deemed equally qualihed to vote for the
election of a representative body, however
small their property ; so that every individual
ought to have an equal right of voting. Hav-
injt e»lablished> therefore, the right of every
indiVKlnal to an equal tharc in the govern-
tncni oftlic society of wbicti he is a member,
&Dti th^ rrrrrisf ot ifirir richt III -ir>ik'>iriting an
«<kt|U> iheynp-
cesiarii r man, in
Ihe third place, *-* The right of universal suffi-age
and anniial parliaments ;*' — And this, not
xucrelv as a wise regidalion, but as necessarily
iDchT<M*d in the conslitalionofa representative
L" if, forraed on their principles,
It by Mr. Paine ana Mr. Barlow,
tiiHt ;j L;f^\t'rnment in which those ri^^bts are
withheld, h an usurpation of the right's of
3jjy,r, . .../I ,. * "^t-'^arily is, if these authors
a principles. — This origi-
11^ - .^ .. ..,. ..^til of universal suffrage
in also a necessary consequence of the right
rtf iciMi), active citizenship; because that
i ust necessarily oe destroyed by
1' .lion of either legislative or execu-
tii« |»owtr; and tlicrefurc the delegation
must be renewed a& often as circumblunces
will admit.
A lour til necessary consequence is, the
11 ' ' ' ' in. The right of
*- ^ and fioverivoicnt,
which n» I
(ud JH not I
mjtmnTy iQ ilia nghl ui t^quaJ^ acUvc fUUu*Or
ship ; and it therefore is, aroordtng to theif! J
principles, an usurpation of the indefeasible]
righta of man, and is unlawful— tyranny— ]
despotism—or i^ liable to any other of thel
harsh appellations which they are pleased tot-l
apply to every existing government in tliej
world. Gentlemen, this conclusion is inc- <
vitable from the principle which they assume,
of equal, active citizenship. — I certainly will
not ncrcdiisputc with them the truth oi* their
assumption, whether it is well or ill found-
ed. I think it would be no very difficult taafe
lo prove that it is ill-founded ; and for this
reason, if for no other, that it necessarily leads
to perpetual and constant revolution. But^
without cnlering into any discussion upon thd
subject, it is sumcient that these arc no prin4
cipfes, nor ever have been conceived to be
principles, in the English constitution: — Thejf
are utterly inconsistent with monarchy ; thcy^
are utterly inconsistent with a House of]
lx>rds, and with many other parts of our esta^J
blishmeut; and therefore, persons who aW
tempt to procure the establishment of thesa'
principles, as principles upon which the con-
stitution and government of this countr^f
ought to be founded, and who hold that ^nf
government founded upon other principles^
IS necessarily an usurpation of their indo-
feasible rights, if they take any sleps whal-
cver for the purpose of altering the eijtablislN
ed government, they must be conceived, primi
facte, to hare within their view the intent of
destroying the existing government, of abo-
lishing the kingly office, of abolishing IheF
House of I^rds, and all the great omcersy
ranks, and distinctions in this country j of
abolishing also the House of Commons, as if
is now established, and of forming a consliti*f
lion of government upon their own principled
because no other constitution of government
can, according to the tenets which they hold|'
be a lawful government-
Now, Ecntlemen, it is proved that pcrso] ^^
holding these principles, had formed a dc»ig^^^
for assembling a convention or tneeting^,
which should assume the character of a con*
vcntion of the peuple ; that in the prosecu-
tion of this design, Uiey did various acCaf.
and particularly, that the prisoner at the baf
did various acta — writing letters, being pre*
sent at meetini^s and a variety of other actti
all tending to the completion of this purpON^.
A case so proved, must nccessari"^
amount to high treason, l>ecau»e it is impos\
ftiblc that the con<^f'plion should liave beettj
formed for a&scmbling a convention undi
such cln 1 I . without those who f
ed )L coil their minds a whh
loy the cxUiiiig govern
ii in its place a guvern
' ' 'I* s totally oppoiilfit to 1
Kg government is Ibimdo
IN iissetubU for the nurooHi
u in the p
iy to be pit-
ISOJ]
Jot Htgk Treaiou.
A. D. 17W.
[1203
pcrf
K
assembling a general meetings tlmt they
fthowM have thought it proy ' re given
thai myelins: a iTiffercnl « no lli^n
that which H ' ' ;i;*uiutu u^ Miner meet-
togf of the ^ le
In whiit iii.> ..,, . ,ii the delegates, assem-
bled (a^ prtivaJ hv the pri&uncr) to lake into
cofisicleralioii the election of Scotch members
of piirlittment» prwceetl ?— Tlicj had a hill
framed, itUeiided to be introduced into psiriior
ment ; they applied to purtiament upon tlie
9ui>jcct, and a bill was brought into parlia*
me lit* To draw any compariiion between
that *ort of meet* tig, and that wliich these
persons proposed to have, seemg to me to be
,rfc<tl,"y Ah*>ijrd.— — 1 observe, Mr. Gibbs
piirfiriiUr stress upon some words made
oiin one oHhe resoltilions for the pur-
ne of a^^cmhling those meetings, from
irhich he intimated thai their object was only
to collect the opinions of the people upon the
subject, or to take means to conisider what
were the proper measures for the purpose, —
Butj gentlemen, when one rccollccLs all that
thcyiiave declared uponlhe subject; when one
recollects that they liave repealed ly declared
that the people were not to look for relief from
the parliament^ as it was constituted ; that it
was not to be expected of th*jse who were in
possessiunof power^ that they would part with
H without H struggle; when they declared they
expected relief frum their own laws, and not
from the laws of their enemies^ their plun-
derers, and oppressors ; I can conceive no
other sort of mean mi; to be attributed to those
wordn, than that of cunsidermg in what man-
ner they should obtain a reform by meana of
their own power.
Bui, suppose they had not had it in thetr
view to have acted immediately themftelve» as
a constituline assembly, though assuming the
chariictcr of a convention of the peuple,
which I think I ahall show you they clearly
m^ant to do, aa the British Convention ex*
prcssly did — I cannot linderstand why they
were not to act— did Ihcy propose to meet
with a view to suggest the idea of calling any
other meeting; u|>on the subject, or to do any
farther art? — If they did not intend to submit
themselves to the eslabli^iti^ legisliture of
the country, their act was necessarily an ax:l
of usiirpatiuD of tlie sovereign power; and if
they were simply devitsing the me;ins bv which
the people, at an}' future time, were by their
own rower to do this for thcmscivcH, it is
exactly the ^une thing aA if this C'ouventloii,
had it been a^^iemblca, should thcni$ielves do
It, — Thi'v would be only doio" «' "i"«<^ re*
tnotclv; but they wotihJ be tu to*
nV'ctiii'j th<:ir own orii^j. _n—
li the exi?»lini' jro-
,vcr, nnd not h\ ihc
iA the t —
if they I ,rii*
), stiM I Cijni:r.tv(j litui^ jjfotu taling^
boen equally destructive to the
[ELcm; for the means taken
Wiixd
t?'
Vi
<r
<•
for the pmpose, mnst he all tendmg to effect
the great plan which they had in view, and
which they clearly meant to effect by their ,
own strength, and not by any sucii applies- j
tion to tne legislature as has been con-
tended.
Gentlemen, when yon consider what has
passed in France, you must be perfectly
aware of the effects of a national constitute |
aascmbiy . W hen the stales general of Fratice i
were called together by the king, before half]
of them were assembled, such of them, who <
were principally of the third order, as were 1
a^&emUed, dpclared themselves to be aoar^il
tional assembly ; that is, an assembly of thei
people ; and they immediately dec lared that]
according to that principle, namely, that they ]
were ao assembly of the people, the king']
could put no negative upon their proceedings. J
That was one of the first measures of thaStl
assembly; and the moment they had done^
&o, it is evident to every person who
looked at all into the history of that country^
that the king of France was, in effect, de-j
posed from that very moment (I think thoj
7th of June, 17 89) by less than a moiety oc
the whole assembly intended to be convened, J
meeting together, and assuming the charaG^l
ler of a convention of the people; declarin
themselves a national assembly^ and that 1*
king could put no negative upon thntr pro*]
ceediogs, and that they would not separati
till they had effected their purpose. The|fl
immediately took upon them to act as the so*J
vcreign power of the country ; they took up
them to declare Uiat all the existing taxe
were illegal: tlmt those tixes should be i
ceived for a lime, but should only be receive
80 long as that assembly should ^it Fron
that moment, therefore, in effect the king <
France was deposed ; a con«»titnnon wa#|
afterwards formed, and to that constitution
he gave his &s»cnt in 1791. He was theJo
agam upon the throne; but u|kiii whicil|
throne he was not king in the rharactefl
which he had bel'orc, but he was king by x
perfectly new title, and in a perfectly nei
character. Such is the necessary course, and
such the necessary consequence of ia national
constituted assembly. II you )o(»k to what
hits passed iu your own country, and to that
wiiich is so continually referrtd to in the
course of thete proceedings, namely, the Rc-
vohition in 1688, you wdl find, to a certain
extent, the same thing done ;— for what was
that assembly which placed the pru^ce and prin*
cess of Orange on the throne? — King James
having done that which occasioned ;i general
rining of his subjects against tiim, he de<»erted
the country, and an assembly wvts called,
under no regular authority, but under tetters
similar to those whicli had been u«^ed tor the
purpose of calling U^gethrr tlie perjMins who
wcrt* rn titled to t>t' -Hmmotied to parlinmenty
aof^ ' *iherlffi> ot llic ?ievcral
coi^i IS to be made by the
persons cctiticU tu vote foe m<tw^\«\tM4 X»^
4U
1203] 35 GEORGE III.
rclurnciJ lo parliametit Thai assembly met
— in what cnaracler? It met as a convention
of all the estates and d etwees of the people ;
it acted as such ; its authority was acquiesced
in, and it did all that was necessary for its
particular purpose. The government of the
country remained as it Nvas, with the excep-
lion oi one single circumstance— tfie throne
was vacant—the Convention supplied thai
vacancy ; and from the moment it had sup-
plied the vacancy, by declaring the prince and
jirincess of Orange king and queen, from that
'^nstant, its character as a convention ceasc<l ;
it \«a8 no longer an assembly which re pre-
sented the three estates of the realm, it was
assumed by William to act as a regular par-
liament, and from that time acted as such,
bavini^ bcfure acted us a mere convention or
assembly of the three estates ; in consequence
of which, when acting as a parliament, it was
commonly called the Convention Parliament.
But in the act of giving the crown to the
prince of Orange, it acted with complete so-
vereign power, and acted in rebellion, if [
may so term it, to James the 2nd ; for he
would have been completely deposed the mo-
ment that convention assembled, if he had
i>ol previously abdicated the throne ; and this
is a necessary consequence of assembling
such a species of convention.
Gentlemen, the moment, therefore, as I
conceive, that there 15 an assembly assuming
to itbclf the character of a convention of the
people,, and able to sustain itself against the
government of the country, there is an insur-
rection againi^C that government, and all those
consequences follow winch arc so fully de-
tailed in that sptcch of Barrere, which was
read to you— the king is immediately deposed »
and dc|>rived of h\> inviolability, so far as a
convention has power lo act.
Now, 2;enllemcn, if a meeting which could
assiimu the title ofaconvenLion of the people,
could lawfylly assemble themselves, what must
be iUv consequence ? If the meeting is really
a convention of the people, and it be lawful
lor them lo assemble, the king must be bound
to obey; he is no lunger sovereign, or the
head of llie sovereign power; the parliament
must also be bound lo obey this convention.
Being in \is nature the sovereign power of the
state, resislanfe to its authority must be re-
sistance to the sovereign power of the state ;
for the moment the meeting assembled, it
must be the sovereign power, and the king,
in the very met of resisting the authority of
»uch an aHsc»nbly» if u could afterwards sus-
tain it*clf, must be guilty himw;!!' of what
might be deemed treason against the &ove-
fcigii power ol Ihe slate ; he would be resist-
ing the power which he ought to obey, and
the asseuibly would have a pretence for put*
tittg liini to death ; the very €ome pretence as
_ in Uie> rase of kina Chailes Ut. If. therefore*
Trial of Thomas Tfard^
[ISM
»cnY
character of a contention of ihe pcAple^ ^md
that they had taken steps for that ptirpojc ;
that alone would Constitute the crime of Ktgh
treason,
GeutJemcn, the conspiracy which hua bien
alleged is of a very wide and entensivc natoie;
a circumstance which has occasioned a conjii*
derable decree of complaint on the part of my
learned frtcndi, as it has produced very ei-
tensivc evidence. The persons conremfil
have been acting at different titrtea m «1 :
places, and ^metiraes, perhaps, by ^i
meansjbutallofthemhavingin vi
ceive (w hen i say all, 1 mean the
grand plan, the accomplishment < a?
the object of all. This has or tie
dislribulion of the evidence inl;. ,....^. uo
parts noticed by Mr. (iibbs, which wrere p«i»
duced to establish, first, tlie e^i^itence of the
general conspiracy; and secondly, the part
which the prisoner had in it. i conccivi; tliat
when you consider the evRlencc t;4ken altoge-
ther, you can have no sort of doubt of liotb.
Gentlemen, let roe take the evidence a Utile
by degrees j and in so doing, as I m?c thwc wijl
be no end in takin ^ ' tail, I stiall ntet^
sarily trust loyoi; -me credit lo tny
assertion, without I MM MM^ 10 cver>* ptartof '
evidence, expecting his lordship will af
wards sum it up more indetiil *'> vi^tt !•'
the ^vervil publications an<; tven in
evidence, 1 tniiik I may as?.i r pet*
fecUy clear, that there were f' m
this country — and I will instant* it*
and Mr. Barlow, who were dcsirou^i ol iiikct^
ing the general destruction of ihe Hrfti^h CoD-
stitutioo, and pi*rticularly of U)< tr4
all hereditary honours; and who -^
ed to promote, to the utmost of iiHir j»ow<*f,
any measures for that purpose. 1 tbint, geo-
tlemen,!you cannot hav- •» -V-tl to the «?!•
dence, without admilln >> not
too much, when I asMi— - » r umnt
fairly contended that such
and Barlow were not, in ct:
against the constitution ot' thi» coui
1 here were persons aho in Francr who n
under the hame description, and
(with j;rcat submission) I shall \ ui-
ckide in that dcscnpUun th* ' -d
Convention ; fur ti»cy were > 1 to
estabhsh that doctrine here, uiuiit mt^v n^
established in their own country, hut wltkh
is directly adverse tutiie Bn' -^ ' — ►.♦...■^jj.
aiid tbcy were dcsirou> ot d« 1-
son, htcaufi* they felt thiii . tj
depended upon Jl. You wiil n r-
haps, a passage in Paioe*swoik^v^ jfc
was read ;—^* VV hen France shaii be sur-
rounded with revolutions she *^h:fll hr ia
peace and snlcty/* And the Sot - *ii«
fctiliinitnal Irtrttfumtion, an^l thr 1 jt-
a
1S05]
JiO' High Treason ^
A. a 1794*
[i20(r
tan t papers, for the purpose of Hliowing tiic
itttcntion o (these people) ;— You will recoiled
thai ihc London Correspouflurg Sockly, in
particuUr, ** fervcutiv ^uppUcaicd the Al-
lukhty Huler of the Li»iversc to he favour-
lib^ to ttie rau^e of the French, so mtiiiiately
blended with their own.'* This vou will re-
collect was not f1 "^ r of the
Consti 1 0 tio n 0 f I ; r ruotiaii
of thit conslituu -i^, ^-^^ m-. ..h. , a position
of I<ouis I6lh; ami thru \\\ey coo^'Mlcred the
cause of the I' rent h as inlimately blended
with their own. Uow could \i he bk-nded
with their own, unU'^s* it wa^ tlicMf object to
establish in this country' a irovemment upon
the same principles upon whtvh the French
had c^tablishcil their govornincnt, or were
endeavouring to establish a government?
They conceived ** ihiit it was their duty to
coxintcnunce iind ax^iiitt Xq the utmost of their
power^ the chinipions of bunuij happiness;
liiat thc^ wi>uld ihcffforc ujtpuse, la l fie ut-
most ot their power, any thinij; hostile to
them on the part of Great Britain; and they
looked to the triple alliance of the people of
America, France^ and Britam to give freedom
to Uie wurld/*
Gentlemen, the word^ which arc made use
of»tr« very fitrong; for it is oot simply *' of
tHc people/' bnt ihty are—" Jf you succeed,
a^ we ardently wi^h, the triple alliunre (not of
Civ ' 1 ' .( America^ Frunce
ari 4 to Europe, and
fftruuui to Likc vsnoiL wiiitL" ThcrrJ'ore they
cjid not simply make use of the word ** peo-
pie/* an expression that might comprehend
the whole; but Ihcy expressly negatived
crowns. There ejiistctl ivo crown in America
—at limt time none in France; the only coun-
try mentioned in this iiaper which had a crown
was Great Britain, 'there fore when they ar-
dently wished n triple alliance, not of crowns,
tofrl ♦if America, Frujjce and Bri-
n. t c to the whole world, what
they au ijut. n\ terms, not to be controvcrt-
cd| decfarCf that it is their winh and inlcntion
— that 15, that thcv had formed a consipi*
racy, for 1 do not know what a conspiracy
ii, but fyrinin » . » ..i, urid intcnlion to do a
Ihin^— that ^^nncd a wish and in-
tention of L I ^ .1 government in this
cdUDtry withuut a cruwa.^ 1 can give it no
^Ciier interpretation. In another part of their
^^Ires* tijcy 4ay — seekmg our real encmicf,
find them in our bourns, VVc feel our-
icV irii by, and ever the victim**
ot , 11 consumin;: ari^lo< racy^ ht-
Ihcnij uw. iKinryi every nation under the sim,
Wivcly tuvc you acted m expelling it froxn
France/*
Why, gentlemen, what do they mean by
*'ari%tor A .*' iute? Whiit«''4ti >l'iv tm^Mhlv
nil 1 tx) that 3 n-
lull iiuientuf t . .-h
nujf be deemed aristocratical ^— <i(i not li>ey
decLurc in that passage, that they consider
every thiiig to which thoy ciiq give the deao^
ueui
i^t
mipation of aristocracy, av iheir re^l enemies ;
that they consider it as the banc of every na- «
tion under the sun ; and, therefore, they con- I
ceived the French had acted wisely ni eiipel-. j
ling it from France ? ll must have been their'
opinion that it would br c^^uaily wi>c to c,\pel>
it from this country. For what purpose eoulU
this address be presented to the French Con-
vention ? There might be two purhu^^es i one
that of pubhsiimg to the country here, in a
way which thcv might fancy to be in somOi|
degree ^afe, a declaration against the existing
government of the country ; a sort of procla- 4
raalion of a republic ; and another, a holdmg.i
out to the French Convention^ lliat they wero^*
desirous of receiving every assistance from that>|
country which could possibly be piven, for thor
purpose of enabling those who addressed thetxi-<
to establisli the same constitution of govern-
ment in this country! as had been estahiishcd-
in France,
Tite Address which was preseotcd by thfl»^
other society, the Society for ConstUutionab]
information, is full as ^strong. Vou ohservf\i
the learned counsel for the prisoner liav« cau«||
tionsly avoided lakmgany noticc*>fthisaddrcs5»,|
In truth, they were unable to give any e]ipla->
nation of it. How does tliis attdress begin ^-i
" Servants of a Sovereign Pcople,and Benefac** 1
tors of Mankind, — We rejoice that your Revo- J
Jution has arrived attha^t point of perfection,. J
which will permit us to address you by LhiaJ
title/* The decree to which, as they con-,^
ceive, a Kevolutton must arrive to be at its *
point of perfeciJoii, is, when those who have^ j
the administration of tlie government of tho
country, are to be addrcs«^ed in the character
in which they thus iiddre^s the French Con-,
vention ; that is, ** Servants of a Sovereign*
Pcqije/' What is this but a declaration, that ,
the perfection of a Revolution in government,
is the ciitablishment of tlie principles, which
we have before adverted to, of the liighls of.
Man, and equal citizenship, and ^o on, iix. i
which the people are to be cunNidexed ^
consUintly sovereign as constantly exerting-
the sovereign authority, and as li^ving a per-* \
pelual control over the whole gavtrnment
of the country; not an indirect and remote
control ; that species of control, wluch.
is consistent wilu the stability of the g«.i-
yernmcnt of a country; but that which leads^
in its principle, to the sort of perpetudl tlevo^ <
hit tun, upon which I have before ubscnpcd *
The address proceeds^ " We rejoice that your
Kevolulion has arrived at that f^oint of perfec-
tion, which wdt permit us to aildrcss you by
this title; it is the only one that can accorr|[
with the character of true legislators/' la
not thin a clear ■ * ■- -^s det hiralion, that
Ihcy did not t( legislature of thii
country, as litiv;,,. : .ale winch could ac*
cord with the character of true lcgi«Jalors ?
For no reform in the House of Commons,
ttlone, could give to the legislators of this
country, a title to that charticter, according ta
iht id«a of these persona u^it\ ^3t:^ ^^^y'-^X^
120T]
35 GEORGE III.
Trial of Thomat ftnrdif
[1208
For the Kinj ant) House of Lords, still remaiti*
ing parts ofthe icgislflture, anfl being heredi-
tary, conkl not, by any pos&ibiUiy, come with*
3!! that (kkcripliofi which ihey meant to atiri-
liule to the ! rench Convention. — They add^
»' F.very snccesj^ive epoch in your affAirs has
fld(1etl siomething tutiie triumphs of Liberty ;
"Ithe glorious victory of the 10th of Au-
, has finally prepared the way for a con-
dioD, which, we tru^t, you wjH establish
on the basis of Iteason and Nature."
Genlleracn, I have nothiit^ to do with the
propriety or impropriety of the conduct of
tliose who were concerned in the transactions
of the lOlh ot August, It would he wmng
for me to blame one side or the other. But
to which ever >ide blame was imputable, v.hat
was the event? The event was the destntction
of monarchy. That is here railed a glorious
victory ; it is said to have fmnlly prepared the
way for a cou^tilulion, which the society
trusted wt'uld he established on the basis of
reason and nnlurc ; it had brought them to
that situation which enabled ihem \n arrive,
finally, at tliat point of perfectioui expressed
ill the former part of the address.
Mowp ^u lie men J to »ay that any persons
who could give their assent to that Address
Knowing what they were about, or attending
to it, entertained a sincere attachment to any
of the principles upon which the British con-
Siitutiun is founded, is asserting that which it
seems to mc^ that no rational man can pos«-ibly
five credit to. I cannot help here observing,
y the way^ upon the words,—** Finally pre-
pared the way for a constitution, which, we
trust, you wrfl establish on the basis of reason
and nature.'* Gentlemen, you will recollect
there were two passages ; one in Mr, i^aino's
work, the other in Joel Barlow's, before this
glorious victory of the lOth of August, which
expressly stated, that they looked to that
event; to the destruction of the coni»titulioii
which had been formed in 179 Ij lor thi!^ reason;
because it was formed in contradiction to th*?
principles of the Rights of Man, in the parts
of it which consisted of a monarch, or any
thing in the nature of distinctions of privi-
leged orders. That so tar as it had any sort
of distmction whatever, and was not com-
pletely founded upon the right of equal active
citizenship, it was a compound of contradic-
tions, as, J think, Paine calls it in his publi-
cation, the Kightsof Man, and Iheretorc in
its nature it could not subsist.
In another passage of the satne address,
spcakinc of the cause of the Trench, ihcy
say, /• ft is, indeed, a sacred caii?,e. \Vt
cherish it, as the pledge of your happiness,
our nnt\md and nearest friends "—Then they
fiay, that they speak, as they conceive^ the
real opinion r.f » .*/ .i majority of the English
nation; anci, t y concKidc with the
f* wonderful , 1 the Frenrh levolu-
flow, bursting; forth upon the nations, in the
full I'crvor of the meridian sun, and displaying
ID the mdat of the European world, the pr^c*
iical result vf principles, which pHUo^by
had sought in the shade of spec ' rl
which experience must every wJ ii.
It dispels the clouds of prejudice from aJl
people, reveils the secrets ot' all despotklD,
and creates a new character in man/'
Now can a more clear comment be read,
upon the words of Paine and Buirlow, than
the words contained in the passage which I
ha\-ejust read? Do thev not clearly show
you, that those societies are her« statfo^ a
combination of principles with practice, to
the same manner as Paine has done, m
the second part of his works ? That they
are endeavouring to remove thttt p^judi^
from the people, which Mr. Paine ccmodfts
supported monarchy and aristocracy in this
country? It is said, by Paine amf Harlow,
that llie first assembly, which < ■ ' ' the
year 1791, had been obliged, ' ne
prejudices of the people, to form l*.^. ...aU-
tption in the manner in which they hid
formed il, retaining a king, becaui»e the pre*
judiccs of the people would not at that tirot,
permit them to form a government, without
a king. It was too rouch, at that time, to
form a government without a kin;j : hut the
principles upon which they Torn
ver uracil t, necessarily led to U
of that portion of monarchy win
left—** Your example will be Sf
for nations, rising from their hin;::
re claim the Bights of Man, with
which man cannot resist."— 'Ih^- '
Man, in this passage, arc the l<
as they are stated in PaineVs wf i
society has expressly declared I
to be the foundation of all their
They have considered themselves an pr
ing to establis^h the Rights of .Man, *stanjht
by Thomas Painr. — You must recollect pas-
sages to this ctlVctp in several in»tafioe»«-
Aud, therefore, when they say, '* will re-ckioa
the Bighti« of Man, with a voice which loan
cannot resist/^ they miist be taken to mett
the Rights of Man, in the fidl extent M Uie
doctrine laid down in Paine's book.
Gentlemen, I may add to this a remark, Vy
the way, that it is a little extraort^in nrv foth
sidering how much the C-'onsliiii> ct?
has been involved in this case, jsh
porta nt it would have been for the pnwoer
at the bar, to have brought some rrrmljffn q(
that society to have explained thi -tn,
—all the transactions, indeec*, * i ^^tj,
and particularly I his Add re cot oit
member of tne Constili rcjeiy ti
brought as a witness on this uiai, exccM ik^
Cr diiricing master, who is ft' nuanM of
h societies, and who seemed inc&pil
understand mg any thing tlmt pMod.
8au)c thit\g occurs to a e""*^'' d-i{r«; ]
respect to the london (on
Not one witness whom I
w;is a perjiou csipable, ff«
he gave of him?ch*, nf
manner wl
m Ccn
id
:iif
prooew*
^f High Treaton*
rt, you remember the manner in
irhich ihesi* two Addresses were passed in
bese societies. The letter wKich was sent
by Uardv, tir^t^ and the debate thfit p&«i9cd
tween* them, whether there should be a
Oint, or a tepardle address? This wa* not a
Ijing taken up in a hurry, but a thing consi-
Ted, and much debated upon \ one in one
prni, and the other in another. If any evi-
upon this subject, could possibly
been given, which could have beei)
intagt*oiis to the prisoner at the bar, it
could certainly have been produced. In
lilhp both the^e addre'^ses hold oot, in
etty strung terms, a wish for au alUance
Qd Vriendship with another country; that
certainly was nol^ at the lime when
'addre!^'es were presented^ in any
Elverfe situation to this; but still, wiiri
speet 10 this country, in 9uch a situatioo as
de it a matter deserving some degree of
aution, at least, or *uch as one should ima-
\ would induce persons, thinking of pre-
*iig such addresses, to reflect a little upon
ffore they did it.
How arc these addresses received ? One of
tie persons who were sent over with that of
he Con!*titutional Society (how the London
't>rresponding Society's Address got over,
re have not been able to show) was Mr. Joel
_ Sarlow, the eentlcman who had written the
'" Advice to the Privileged Orders/* in which
he has completely stated what his ideas were^
the subject of government, who had
eeently written an Address to the French
[Convention, with respect to the defects in
beir constitution of J79l| pointing out a
principal defect in that constitution to be the
xistencc of a king and several other things,
vhkh, he conceived, ought to be removed,
render the govenmicnt more complete,
the priDciples of the Rights of Man,
tie other person was Mr. rrost, who, I
pfhall hkcwise observe to you, is not called as
% witness on behalf ot the prisoner, lie
was a person who had made himself a httic
^cbnoxious, and who afterwards became the
Idect of a prosecution. When this address
presented to the National AHseiiiMy, in
ee^ the president of the rVcnch Assembly
rtly undcr^t♦>od the matter. You will
tect, that there was likewiiiie an addrens
by the gentlemen who presented
Mr. Barlow and Mr. Frost were
1 ta the bar, and thus addrcs^d the
Ataembly t ** Citizens of France, We are de-
puted from the Society for Constitutional
information, in London, to present to you
llieir congratulations on the triumphs of
Ubrrty. — rhi* society had laboured long in
r traune, with little [»ruspect of success, pre-
Lvioustoll iiccment of your rcvolu*
Ltiou.'' ^^ ^ but a declaralion, that
is ftocieu li.iu, i.viore the French revolution,
ecn cmployiojf itself exactly upon the same
rinciples a» tBoae upon which the French
evolution wa4 effected f "Conceive, the©^
D. 179 k
[ISlfT
Ibeir exultation of gratitude, when, by thd
astonishing eflbrts ot yoiir nation, they beholi
Ihe reign of reason acquiring an extcnsi'
and sohdity, which promise to reward li
labours of all good men, by securing the ha]
pincss of their fellow creatures." Now,
this society had made this Address to the
National Assembly, which finished when
they had formed the constitution of 1791, it
mijht have admitted, in some degree, of
different construction; but they never
dressed that assembly, which formed the coi
slitution of U9 1 . W hy ? Because the assc
biy, which formeil the constitution of 1791,
not brought the revolution to the point
perfection. That was the reason they nevi
addres5ed that assembly. On the con
till the revolution of the 10th of August
pliKie, they had no idea of entering into
sort of correspondence with the Frenc
They then make these Addresses to theFren
Convention^ at the same time declaring, ihi
before this revolution, the society had e
ployed itbclf on the same important object,-
*' Innumerable societies, of a similar nalurej
are now forming in every part of Eni»land,
Scotland, and Ireland ; they excite a spyit of
universal inquiry into the complicated abuses
of government, and the simple means of
reform. After the example which France
given, the science of revolutions will be
dercd easy." Now, how was this revolulii
effected in France? By an assembly of tl
people ; lawfully assembled under the au '
rity of the king, but taking upon themselvi
of their own authority, to declare ihcmselvi
a convention of the people. These are the
means by which this revolution was effected
from that moment the late king of Fran*
was deposed ; from that moment the 1;
revolution began ; and from that point it pi
ceeded lo its present situation. " After ll
example given by France, the science of re'
lotions wtll be rendered easy, and the progn
of reason will be rapid. It would nut
strange, if, in a period far short of what
should venture to predict, addrcisses of felici-
tation should cro!»s the seas to a National
Convention in England,** Now, what is tl
meaning of a National Convention in En|
land ? ik this to be understood of a meeti
of people, for the purpose of petitioning pi
for a reform of parliament? ^\ hat
i
lat
liament
can it mean
but a convention, assuming all
the powers of government, precisely as this.—
National Convention of France, at that tinWIH
did ? Is It possible to conceive, that any otbj^l
construction can fairly be put upon those
words? And have they brought one single
man of this society, for the purpofri^ vjf Ahowiiif ^
that such is not tfic construction which ougftL
to be put upon tlieso words ?
What is tiieaiHwer of the president of
Nationn' ' ' ' ' " ' * f dod
of the ill
for he ii-.. ...-.*
Republicans." lU cQuVi Tii3\\i3b.n^
out;
r bii
1211] 35 GEORGE HI.
tion of (heir principles, otherwi^ iban as re-
lubUcap iir'mciplcs. When men addressed
" cm ill 1 hat St vie, I hey could not hiive an
Icii^ llml iUvy were frirnds to the LIousc of
mmon*>, lu the old ptrfs, or to the new
les. Th(? answer ol the iTt-och preivldent is :
* Getierous Republicans Jfotir uppcarancc
this place will form an o[>och in the history'
f mankind, lliistor)' will cunsccralc ibc Ody,
^l)cn^ from a nalion, long regarded as a rival,
ftnd in tlic name of& threat number of your
tfelbw rrtizpus you appeared In the mid^t of
lljc r^ ! vcs of the people of France.'*
Tbert passajtc, which, indeed, is a
previous iJi'i^jgc, which I particularly niciuit
to have read :—** The shades of Pyni, of
Ijaraf>drn,*.ind of Sidney, arc lioverins^ over
your ncads, and the moment eannoi be dif^tant
when Ihc people of France wiliotlcr tlteir ton-
mtnlations to a National Convention in Eng-
land/' Why, gentlemen, the president of Ihc
French National Couvemion *ccms not to
have llie slightest doubt of the mc?»ning of the
,j|ddress. lie bail not a conccptlun, but that
le persons who sent it, were xlisposed to estji-
hlhlu and desirous of csUibhshlng, in our
coimtry^a republican government; and that
they bad actually taken llic means for that
purpose. He says, that Ihc moment could
fiot he far rfa^a/if 'when the people of France
irould offer their congratulutions to a national
convention in England. Is it possible to ex*
plain these transactions in any other senge
than that which 1 have submitted to you ? If
it be, why has not some person or other ap-
peared, as a witness, to have given what he
conceives to be the true sense and meaning of
the society, as you will recollect that a great
deal of evidence has been introduced into this
cause, for the purpose of giving constructions
of the same sort? That makes it a very
strong case ; for when persons are called to
give constructions to words of one description,
and there are none called to eivc a construc-
tion to words of Brother description, or lo
words used in one case, and not lo words used
in another, it must, at least, be taken, that, in
that instance in which they do not attempt lo
give, by other means, a construction to words,
the words are open to tl»at construction which
the words themsejves fairly import* These
words can import nothing else than a declara-
tion of a complete design formed, of establish-
in;;, in thjscounlry,a rcpubliran government;
of brinj^uig about 'a nutiuital convention; to
which national convention, as an as^jemhly,
having in itself the executive and legislative
power of Uie government, the national assem-
bly of France might send these congmUiJa*
lions.
Gentlemen, it shows also, that the Conven-
tion, by then d(!f-roesofthc IDlli of November*
_,d of the 15th of December^ 1799. had
Joptcd that sort of defeiwt', wImcI^ Um\ 1i#?en
llggeslcd 1^ '
JSuropc,**— ^
Kbcrty i anU Uiai ur^v uiii x^-jjului ui kuij
name of tlic Freiicb iiaiUoo* lliAl Ui^
afford military as^^' ~ ' " ' r'
wished to re<:o%er w
description they moa* ,.1^ . y^.r,.. ..^^, v^-.»
Uic British nation ; because the
responding Soeif IV. lihI tiic S (tiity fori
stitutionaflnfi-
that the BritJ
French bad, by theM; U^
I hey would not permit .
House of Commous« if It
prevent it ; they hfi^. in
would compel the people ut 1
the request of the Loudon Cor
ciety, and the Suciely f< - '
formati4jn, to accept a l 1
upon the principles of t
people; and that, if the [
should refuse to accept ut \
being desirous to preser
their privileged casts, ti
I hem as enemies*
Lord Chief Justice E^re, — Mr. Mtrtt'jr-f?'
neral, it" you have Hnlsijed this !
drcs.**t*s to the National Convi
I think we had belter adjourn ; t?^ a
iuipossibte fur any human pov^ers to
it, if we do not ; and I think we slioi
as much time to-morrow moniioga as ^0
should gain to-night.
Adjourned (il now being twentj/*6?t mi&uft
past twelve o'clock, on Wednta^/
morning), to eight oVlock.
Nin^tMlcr the 4^A, lini,
Lord Chief Justice Eyre, Lor' f >- r ^
Macdonald, Wr. Baron lloth
Btdler, Mr. Justice Gto&e, ^i. ^ ^v...-*5,"
majesty's justices, &c.
Thmms Hardy set to the bar*
Mr. Solicitor General. — Gentlemen of thi
jtiry;— When I had the honour of ^ddfe^MOg
you last night, I stilted lo you llic a
idea 1 had of the persons who were etl
in the transactions which have bceo
ill evidence before you, liu'
acliyus (Ihough not spec 1
how far i conceived the pi
implicated; what was hj Hi
transactions, and wh " ^^
those who were Uie
ing lo consider, and '
majority of the persons engaged were
that description of person !i tu whet]
highly cruninal intent impuLcd 1
imifht to be tfnpiiv^d. I al^
^ ' I lu: dcm I
I that, uuri
luv naiiij.
1213]
fitr High Trcamn*
A. D. 1794.
[1214,
riown to m DOW Un a period of belwf^et^ four
und livi* hunOrctl yeiirn. Ilavinjj proceeded
then to Stat*; to yoti wlml nnpr.uf tJ to b<.\
ii, xh
V
I lies
Slid I I'on
hr( t i-L n J me U> Ur *d (ratin^ctioti
v! i.-li v['' viewji^ t-bcT tTftrnfKin**^
U- ^j^:t.lt>M^ |TltUI\ly, SO > 1 ^^^
r ^ that I thot»i;l»t il i . in
mij fj; L ul ihc case, mon
upon your minds wbkit '
tho?*cititenliuns^ iindwhiit w^^-^-r ohjn p^ ^vrrr.
and how llicy mraiil tinally to accomplish
those V'"- .,,i..,<^ , . .11 I .1 ;-^,i. iimnely,
by n^ L
I Hi. ^ .L . . -^_tt simply
and <miy to iliosc two AddrcsMCft; la that m-
troduclion U> unc of them whc»i it wai* pre-
S'.'iited to the National Convention by Mr.
liiirJow and >Ir, FroM, and lo the an«nvcr
which WHS given by the president of the
National Convent ion— an answer in whicli no
fraud or tlt^guisc wii» nei;ei*iary ta be iiscti,
and in which, on the contrary^ the plain truth
was mo^t likely to appear — you can have no
doubt in your own nimds that the views, the
objecls^ and the intt^niions of the prisoner at
tbo b«r, nnd o1 iiU those who wero *o hir con-
cerned with hiiti as to htivc a complete con-
nexion with that tmnsaclion. were nothing
J«j55> thati the dc*?lr«cliuu of the ^ovetnmenl
of this country, by means of an ai»&enibly of
the people, antl to e^tabfrnh a rcpresentiilivc
^vernnicnl in the room of tluit government
iindt^r which this conntry ba& ^ long tlnu-
ri^ihrd^ in «pile of utl the abtines thut belong
to it ^Abu^en will belong to evrrv ijoveni*
p,^.., .,._i, _., ibomioable abuses belong to
1; I — 1 ivill not lUsnenihle tivat
for wiiatcver sritxaUon a man may stand in in
thr rourtry, he his an interest mhmteh
»i lion.
^ fttited to von what iK^
iKUirtd tu \uc iu bti a rtii^otmiilL* concbj^ion
irom the tian^tctiun with Fr;inri\ which I
h
nil
J
tnal, to ni
that have 1^^
but I am fture it
tion lo }otj koti)
Ji#*f^n act Hit
»huTilr!
I
)
1 ua-. J^*j;ui/ \u
1 will noli
naturally
► weTc
observe,
t the ob-
iheron-
the society at Stockport lo th« prisoner, date
the 3nl of November, 1792. Genllemea
vol J will recollect that with respect to all
letters that have been produced, except,
think, one, not a .^n^lo ohserviition has bee
made by the counsel for the pris<iner. Thi
one is a letter Irom Norwich, which I sli
notice to YOU pre^ntly. In this letter of th
3ni of November, U92, the secretary of th
society at Stockport, says, ** I am directed [ ^
the Iriend* ol Universal Peace and tb#1
Right* of Man,*' which very titJe I think,
you advert to it, plainly shows what the in
tenlion and object of tlie^^e parties were ;
you will recollect (the thought occurs to
at the moment) that the hlea whirh had bee
corn ' ' t ! lOHc persons, wa'* an enlhufiiasrtlj
un< I , but an enthusiasm dangerotisl
in t: 1— fe:— the idea wf. ■ :^ n^yj
bad that by the esi i it 1
ofti ^.,,^ -. i^iu, tmiver*aJ I" _ ..d,
be c^t.ibhshed throughout the world W hea
therefore, persons assu ne the appellation a
the FrientU of Universal PesKcand the KightnJ
of Man, they plainly declare that they harij
not in view any retorra in the government
this country, as now established, berause i
i\ accordinj; to their declaration, u I
not only with their conception of th f ]
Man, but with their conception of tin [.u^mr-
ing univrrsal peace. Their idea of the meant i
ui procuring universal peace was, that by]
efttahhbhin[^ a representative governmeiitj
throughout ihe world, the interests of thtf
people would be so immediately considered j
by the government of every country, that wari
would cease, and univensal peace would lie I
established throughout the universe, and all |
the world would be, in elfett, one natiom;
You will rnrolliH:! lhf«t thaf has appearcnl in a
variety of * '\ )iav« j
been pio(i ' thejf |
CerUUuly IkkI, urn mi r(ilnM>JaMn a- uaii.;f-rOUl I
to i»ovcrnineiU as .iny thai evir existed ; ai (
*+"'fr- ■• " *^ * • ' •l-i'-iaHm of the Jiiillena^i
men, who in the last
r (li''lur!iKU>ce. no| |
I'-raa^
, ^ _ . , , ; '.''.:-. I. Waf '
to tnmv to cwlabii^li hisi owu govtrhiueul
upon earth, and that Iherr wa^ to he universal
pe,ire and good-will f %
rnlJcd the kingdom ^
imprcsMon llicy made liu jusnt i^ i Hlh hi mc
rc^ju of Charltf* the Hecond* which was mij*-
\ '■ ' ' 'i \ Jew people*
n of the same j
I ot trtimwelh,
.^J: but thai
I lati^LctionEi, to I
I thetr entliUMQsni,
tftMi ill thf? rcii^n of I
-ird in Iheir lafcl mo»/
luid Iteen deceivt^, theyj
• Stc the ca*r of John Jamc*, in thts Col*
Icclioriy VoLO, p, (r/t
i;^15] S5 GEORGE 111,
Trial of Thomas Aardif
[1^16
bad been deceived T>y heaven. Wheo the
ninds of men are capable of being worked up
|<|o £>ut:li blasphemcfU* expressions, it is not
possible to say lo ^thal lenj^h they may not
S" o. Their ainterely cntertiining such idea^,
t>es not at all lessen the danger of them;
I does not at all lessen the necessity for the
( government of the country to take the means
[ «f repressing them, and punishing the deliri-
^quents ia the severest manner, li men
J stioiild take it into their heads ttiat the com-
I'Biunity of goods is part of the christian re-
. ligion, ana should upon that ground take the
'goods of their neighbours^ they must be
punished as robbers, because it is impossible
to preserve the peace of society by any oilier
means,
' Gen llemen, I liave digressed in consequence
t)f what occurred to me from the title which
these people at Stockport chose lo assume,
i The lettpr proceeds — " 1 am directed by the
Triends of Universal Peure and the Rights of
Man, lo inform yuu» that we received two
letters from you ; the first, dated September
JBlsl, requesting us lo concert with you in
transmitting to the French National Conven-
tion an address signed by every member/*—
Jt then proceeds to that which is not very
material, except that it proves than his society
in London were not content dimply with ad
dressing the French Convention themiselveSj
but attempted to prevail upon all the olher
societies to do the same tninp^, which they
considered as assisting the cause to a very
great degree; and^ in a letter from the prisoner
himself, in the course of the transaction— i
forget lo whom it was directed, but it is a
letter in which he mentions the subscription
to the French — that, in his opinion, a number
of signatures was infinitely belter than any
sunii ofmoney they could think of subscribing.
The letter proceeds—*' with respect to the
BubsUnce of this letter, we behevc llial the
cause of the French is that of every individual
person in Europe, that i» not fattening on
plunder, or who» through ignorance, obstinacy
and inattention, sit unconcerned, and wiij not
be persuaded to consider, although inevitable
ruin should be the awful consequence/' —
Here you sec, genileraen, that this society at
Stockport declare n»ost clearly what they con-
aider^ lo be the object of such an address to
the French; that they considered the cause of
the French as their own cause, and likewise
that of every individual person in Europe, ' free citizen?
not fattening on plunder. — ^*MVc therefore I hazarding of
think it Inghly necessary to add otir friendly
aid and assistance, in order lo stimulate the
oppressed friends of freedom in France, against
^ml the despots in Europe (who are combined
list the just and equal rights of man), by
ring them that we view their signal exer-
tions, and wonderful victories, witii admira-
tion; together with*" — mark Ibiy, gentlemen
— •* together with the extinction of treacher-
ous royalty, and I he re^tormg lo every indivi-
diJtl, hia'equoli indubitable rights, as £bUow
men and free citiTsena ; and that cmr hearts
are nnited with theirs, as in oqc eommon
cause, considering, us in a great measure,
their victory our emancipation, together with
their own/'
Now, wl»at was that victory ?— Th - «loriiMii_
victory of the lOth of August. '
has not this society at SltH-kpurt ^
views in the n>os>l complete and tiutxt icniitf
— ** The extinclion of treacherous royalty^'
is here not pointed out ambiguuiisly ; not
pointed out by words which will »(imii of
a different construction, but by xv v : ^t
and plain ; by words which req»i i^
ment, to which no answer cuuld pu-^,
tfiven, and to which, therefore^ my Il.julJ
friends did not attempt to gi%'e aiiy an!>wcf.
Gentlemen, their silence upon that ftub*
ject is cunviclion — Sf they could ha%'c got rid
of the force and effect of this letter, they
would have done so. -^ You cannot conceive
that it was through any want of ability—thai
it was through any want of industry; for
I am sure, wlien you heard, more cspecitlJy,
what fell from my learned friend who spoke
last, 3 ou must acknowledge, that (alibouglv
not possessing, perhaps, all the ornament) of
eloquence which distinguish '"^ — -rj
yet possessing them to a - e
dc'^ree) as a judicious, as a tu.^...,,. , ..
really able and convincing advocate,
not his superior.
Gen llemen, observe the manner in
this letter proceeds—" Yes, should it t
the case thai our ministry should be so perfi-
dious, a^ contrary to their pledeed faith of
neutrality, to join the execrable hand of dc»*
pots af^aiust the cause of freed um» we will
stand forward, even to the haTHrdtng oar
lives, by usiu^ every justifiable mc^os to
countoract their machinations^ and give 1»
the friends of freedom all the encouritfeatBS
and siipport which we scTeially, un«u|ij " "^
can afford.''
Gentlemen, is not that a clear and plain
claralion — is not that saying, without a dogtt,
thalconsidering the cause of the French aitlicrr
own cause — considering the victories of ibt
French as their own victories ; considmpg Hit
einancip.itionof the French as their own "^
cipation, they were caecr thcmselveiio f„
to the csiinction of wnat they call irettchi
royultyand so to restore to every indtvidtial
equal and iintr^ '^ :^'' ^ rights, 3ls free au
y would do tbk
if
that it is impo<^sible to conceive n mof
plete comment upon those addressea to i
National Convention, than thai which mwa^
tained in this letier.-«It seeim ia!i|MMriUi;t
when we advert to the coolenls of this leHir
to have s doubt what wtre the otyoEli^
the vi*:v^ !ontinns of th^to fKtmm*
But, what \% tbr Icllcf ffwi
Norwicl», \sf ntb liid roiW
descend to I'pOMf, note
the iwprc^iSiuii tiw.it li vk)^ uccc^Ajy for ibttH
lau}
Jhr fligh Treasm*
to Ukc notice ofaQmetliingi »nd wiih^ul an>
fitry dear view^ I &Iiould ftpDreheniJ, in Ui<j
iflple^Uou which thev have m^Lae of It ; unless
perbi*ps they fuund, that, in the course o( liie
evidence, there was very tonndemble allusion
to it^ and tlierefure they thought il could not
pii^Aihiy escape notice. — Thai letter is dateU
NavemFjer the lllh, 1793.— The letU^r from
8ty«;kt»arl was the 3d of November. Ttiis
letter from Norwich, you will recollect^ wtib
made the subject even uf ddiatt in the meet-
infi of the »ucieiieA,
ft stales,** Wt. ^ : r Political In*
formAtiODatNorv asof holdin«»
wad strenuously 3rum»uiuu';, imu noble senti-
mcots, which you" (the London Correspond-
Lag Society) ** (mj hilely and friendly dispersed
among! us; andtUS wc so much admire y»ur
well-;SjaMed piuLD for a reformation in the
«^i tt u«« with the utinO!»t deference to
yo. J society, lo psfcrticipate with you to
ali y<iUf great national correspondence, which
yqyr very nauje pioruitirA to nmintain ; and in
coxisc(]ueace thereof, it is humbly desired by
the MM;iety wljjch 1 have the happineas to re-
present, to ineorptiralc three members with
your worthy fraternity ; in doing which, I
abttll here liiforni you - '' ■ v imcsand resi-
dcxicc ;'* — then the ihi ' are mentian-
ed. — '* Our priiicipiil di -^:. ,., uuiu^ this, is,
tiiat we may have an o)ipi»rtumty ot knowing
niorr cxiiclIyT what m^y be thought the most
ell ^ to be taken in carrying on Uas
gi' ^^aof OUT associated brethren, and
to iiHve an opportunity lo ask sitch sort of
questions as may be thought very reasonable
among the brethren, cs|«ecml)y when we think
th*t publications are covered with a sort of
obKUrity in them, as the -^i ' i ijcoplc'ji
decliiration, which seems d^ lo sup-
per* t! ' •! j' of riichmomr> 1^.111 vinv/'
. \ ^enllemen, is a society which
peivv.,v. u '^^' . t -.i.^tmiy ifi ihe dcckra-
tiott<» of thr r\\\ aud st&Ica in
whatilcontL 'irity to consist—
** eapecially when we thuik that publicatiooa
are covered With a »orl of obscurity In thetn,
aa the Sheffield people's declaration, wbith
•eoms determined to support the duke of Ricti^
moikl's plan 01 dy/'
Gentlemen, you will reeoJIect that the plan
of the duke of Kurhmoxkl was a plan which,
)>Owever I m^vy liiink it wild and extrava^nt^
kMM a plan which had i *' — object what*
H^pr tnan tlmt of ni a- House of
^^KpaBioiis m this couuu >, lurking all p«r«
^^Kft who were of a certain age^ and not liable
VK^ccrtain objccttonv, capable of giving their
votes for the «rUciioo of member)* of that
House, dividing the whole c*.untrvjnto dis-
Uicia lor that purpose, mud 1 1 tiiiuk,
ftbcnil 8,(i(X) vote-* to the « evrry
^■ifiolhatit I
In view» the
equal, oclivr
every man to ^hdit. m lu' i^ovcniiutiii ut uil
VOL XXIV.
A. IX 179*. [1218
country ; but expressly con&ntng it>his letten^ \
and in all Uis declar-^^i -1- 1 ■— 'h- ^.v. t,
his idea of rdurm, \
ri^ht of choosing a pc: ..;_, -;,i.... /
which he was to be governed, were 1
— a distinction ver>' clear and very i t
not very easily to be found in that ^i i
of the Sheffield people,— The Norwh
therefore, thought that there was a
scurity in the declaration ol the Sb*.
ple; in consequence of whirh, they be^^iii 10
apprehend that this Shetlield society did uo| |
mean to go the length which they lutendetL |
They say, that, from this declaration oi Uie
Sheifielo people^ they begin to appreheiwl llial i
the Shetheid people seemed Jrtcrmitied I9 '
support the duke of liichujoud's. plan only.—
I'he letter adds — ^* But, since we find, in a 4
printed letter received Iroiu them in a book* I
that they mean to abide by some naoderatt >
reform, as may hereafter be brought forward
by i!ie Friends of the People" — \ ou will re-*
colled, in tlie interval, the Society of the
Friends of the People was established, wbicli
professed to have in view only a rooilerata
reform ; and which, likewise, if yuu majf
judge from tlvc evuleuc^ that lias been given
at tne bar by some of the members of thai
society, never conceived even the duke of
Richmood's plan to cocne within the descrip^
tioQ of a QBoOeiiaie refonn, but always thought
tliat pkin wild aii£l ejitravagant. The ktler
adds-"*' w 1 od is uncertain to 11*,"— »
Here you t' ;se Friends of the People^
and the Society fur ConsLitutional luforaia*
tion, do not exactly agree ; and you will rer
cc^ttect that the Friends of the People, and
the Society for Constitutional Information, sq
very httle agreed, thul ^ uis of theP&Of
pie iKuldeclared that i have nuthm?
more to flo with the sN>4.il''> luv Constitutiooai
Iidonnation, bcaiuse U)cy saw clearly, tbat»
jiM^' fr iM^a. iu,n. 1,^ "hich the Society for
t II were eni;aging,
I! , - _ lijrm of the Com-
mons House of Parliament, but hud in view»
afi the Jetivr of the Friends of the People
atates^the accorapbshment of wimt is termed
" all Mr, Paint's plans for public benellt ;''
includii»g therefore, necessarily, Uie exUnx>
tJon of treachenius royalty, the e%tmctioii of
aristocracy, and the establishment of perfcci
repfcsantation*
The letter proceeds, air ^ thai
the Friends ot the people lut;
Coo»tautional It ' »■ i-rvt* —
" \V« would W i^n; it
terms to inc 4- ... ^-- ^' «■ wa^s
thitf 1 tile Friends of the 1 ly n
parlial reform, WcauHj r ]\u^
words expre^ Sting XU
pl;ttt, unri tilk onlv
4 1
X"a'ii'.*
-umuui tilts
^ em view, d^s esiaDiisning me nuKes pnin
'* Whether the general ily of the sociclies
mean to re^t satisfied with the duke's plan
onlyj" that is, whether vou struggle for
more, or will be contented witli that; fur
tlmt must be the meaning of the words — ** or
whether it is their private desig;n to rip u|i
monarchy by the roots, and plant democracy
in its slcad."
Gentlemen, when we attend to this letter,
it is impossible not to perceive that this Nor-
wich Society was floating in a degree of un-
certainty with respect to the views of the
olher societies, was disposed, perhaps, to be
content with the duke of Kicnmond's plan
only, to rest satisfied with it, but at the same
time to obtain whatever it could beyond it.
That this teller was written for the purpose
for which it was supposed by the London
Corresponding Society to have been written,
for the purpose of knowing what were the
true and real sentiments of this London Cor-
responding Society,
Now, gentlemen, if the London Corres-
ponding Society bad intended to hold sacred
the House of Lords, and h;id no object in
view bul establishing a new constitution uf
Ihe monarchy of the country » to hold sacred
the House of Commons, by universal suffrage
mnd annual parliaments, would they have he-
titated in answering tliis letter ? would they,
as described in Lynam's evidence (and bv the
way I would observe that Lynam*s evidence
Ihruughotit is canabte of being contradicted
by hundreds and Imndreds of persons, if it be
not true, and there is not one person brought
to contradict one sinjle wora of it), would
they have deliberated m the manner in which
he describes them to have deliberated upon
1
i^iriseitr' poi in i^ ^s^
been made upon the word
tionably we are all citizens (
and when the word citizen is 8
partiaUar allusion, it certainly
m any degree improper ; In
comment which they themsc
upon llie wurd citizen, in tht
committee of constitution ? 1
between citizen and subject
ancient appellatton given to *
free stales — tubject can only,
be applied to a member of a \
vernment has been instituted
quest, or by the prevalence
(action/* Thus they have cc
will recollect, in all their pa
the most gross falshood — tl
constitution was a govern mc
foreign conquest ; meaning.
thinks proper to assert most i
conslitulion and gov^crnroenl
was the result "of tlie No
whereas, in truth, all the alti
eonauest inlroduccd, was an
cipally in the aristocratical ps
tution, and those must reco]
any tiling of the history of tl
the Sason laws and institutioi
foundation of our governmc
that part of it which consists
tration of justice, which is tt
of the liberty of the sobjet
genllemcn, the word " citizei
diflTerenl word when used by
it would be indifferent used
when used by persons who dr
between citizen and subject
that no persons are to be m
ISfl]
fit High Treoion*
Correspoodtng Society ; Uie London CoiTe»-
pond lag Society having never before heard of
your society, wish to nave soiuc furlher in-
formation concerning it, as to its origin^ \X'A
pdncipleSt and the number of its members.
Such an account in your next letter will give
them great satisfaction/* Here, gentlemen,
they are wriltng to a society of whom they pro-
fess not before to have hedrd ; of whom, there*
fore, they ought certainly to have been particu-
larly cauLiuus, because they could not possibly
know any thing of that which they here in*
quire atler, the principles of its members.
The letter proceeds — " They do not tho-
roughly comprehend how it would be possible
to incorporate with our society, three of your
ntembers residing in Norwich, inasmuch as
it would be impoftsible to communicate to
them at that distance all our correspondence,
mud ibey could not attend our committees,
where the business is transacted. If it is in-
formation you want, they will very readily
answer any question you may put to them.
As to the object they have in view, they refer
you to their addresses/* I shall lake notice
of these addressilis presently, of which my
learned friend reminas me ttiat the counsel
for the prisoner have taken no notice what-
ever; not one single obscrvaiion has been
made upon those affdrcsses, though those ad-
dresses are here expressly referrecf to, as can-
taining the objects the society had in view.
** As to the objects they have in view, they
refer you to their addresses ; you will therein
tee they mean to disseminate political know-
ledge, and then 1 V the judicious part
of tne nation to > estoratiou of their
mhts in annual | .^..-u,.., jas. The members
of those parliaments, owing their election tg
the uabought and unbiassed suffrage of every
dtiacQ in possession of his reason, anil uot
incapacitated by crimes, thcv consider the
oblaminz siich purl laments to be the ground-
work 01 every neccsi^ary reform. To this,
tlierefore, they steadily adhere, and turn
themselves neither to the right, nor to the
left, to follow any other plan wliatevcr. The
rules and orders of their society being so
pi.; * tsy, that if they can get u m.\jo-
M»
UflOII 1
arifc' "
Those Litdii
to them by
xixan \Q act as ttiey do, Uic pro-
. »;n .11... jtwcIL They look
:» that may have
I soci»:lie« to he of
III think Iht'y will
lurini^ the clius*?/'
d, as staled
in ilic ques-
tion, whetliiir Uic bu<.aiii:^ iw<:.mi to rest i^a-
ti«ih<^d with the duke of riichmond> plan
ou' "t tiic iVopIc pro-
JH lire** : or whtlber
t ■ " "ruirchy
b in its
»K".., ........
andl <
tha pUc - . - - -- -., - -^,.._.^,
was ool a word that was not considered.
A. a 1794. [1289
They proceed, gentlemen, to say, ** they i
tliink It a matter of small importance whai« ^
ever name you choose to adopt; they advise i
you to follow their plan, and divide yoursclvca^
mlo small societies, each of which to choose a<
delegate ; the delegates when met to form the j
committee, and transact the business of the \
society ; at\crwards let each delegate report '
to his division the business so done, let him {
admit fresh members, comnmnicale fresh itt*i
tellii^ince, promote and encourage politicals
discussion, or read to you such books as mayl
convey the instruction your weaker membcra '
stand in need of/* Weak brethren, you will 1
recollect is a term that was very much in use^
at one time ; it meant a person that was not <
risen to that height of enthusiasm which wasi
necessary for what was then called the i^ood^
cause — ** but above all," and then the word J
*' Genilemen" is struck out—** but above al|4
be careful to preserve peace and good order i
among you; let no dispute be carried tu ex- 4
cess." And here come the words which show
the meaning of the whole of this letter — Thf-j
question put to them was, whether it wa»j
their private design to rip up monarchy by ■
the roots, and place democracy in its stead :]
see what answer they give to that. Instead^
of expressing tlieir mdij^nation at such ad i
idea: instead of saying, now could you ima<«'i
gine that such was our intention : how could (
you conceive that we had ever tlionght of i
destroying that wliich is so essential to the 1
established constitution of this coimtry, which'!
1 is indeed the very essence of its government; ^
the essence of the government of this coun-^
try being that it is a monarchy ; a limited {
\ monarchy ; the great use of that monarchy \
being ihal it reduces action to a smgle point, I
' it suppresses ambition, it contains every thing {
' within a just prerogative, and it gives us thie i
\ boast, that we never need fear a Robespierre, i
or any dictator, because we have a king; be- 1
I cause we have a person at the head of all, to I
whose situation no person ca^ aspire, bufcj
I whose powers are so hmited by known audi
I bounded prerogatives, that he cannot past (
1 beyond tliem without exciting the jealousy ( *
I all?
Gentlemen, the answer is very curious ; it|
ii— ** Let no di^' 'it^ • -» carried to cicess^^
I leave monarchy v, and even religiott^
enlirelv aside; n_ . .. ^utc on these topics* "^
Wlmt f never dispute on the topics ot mo- j
fuirchv and democracy! on the propriety of |
f^tahh^hing the one or the other as ihcgo-
I vt'rnnirnt af a coimtry, when persons were^
' < - what ought lu be the rclorm to I
J in the government of the country ! <
j •' Lt I yuur endeavours gg to increase the <
I number of those who wisli for a lull and equal j
' r aign iif the people, and leave to a i
I , I so chosen to form plans fufi
■ the eiislif'- -.k...... ^.i .i.« *u.,y,
loswcr V
hVB^'
.J, you ma^
1W3J 35 GEORGE 111.
Now, Gentlemen, Ihis letter which chooses
to ieave mon&rcliy and democracy entirely
•lone, in eftVet atntc^ tt plan of clear and pure
dcntocrjicy ; for it ?^ys — "* let your endea-
vours ^ to increase the nuraber of those who
fur a full and cqiml representation of
i|)eoide,and leave loa^arliamenlsochosen"
-tmt i^ an tntirt ' /, so cho^n by a
full and efjiial rep- of the people —
an elective ^;etmie -iy>i u iah mean nothing
cise— " tofunn plans for remedying the exist-
ing abuses. Should they then not answer
ymire)t|iectation%at tlic year's end you may
cho*)*^e others in their stead.**— This ii not ttxj
strong ti rommcnl whii'h I have made upon
tl*e words, ** tho**c who wi^li for a full and
eaual reprcHcntation of the people/* and
" leave to a parlJamenl so chosen ;" because
if you will li>ok at the address of the London
Corresponding Society, of the 6th of Auj^jst
1705, they speak in clear, plain, and unequi*
\X)Cal language of a parliament &o chusen, as
that wlucTi is to accomphsh all their purposes.
Whrn they referred thcrrfnre in this letter to
their addresses — when in this letter they in-
serted this passage, the same idea presscfl
upon their minds — namely, that by a lull and
tquai representation oi the people* they meant
u parliament chosen as they there state, they
meant a parhanient wholly elective^ excluding
a lloujte ot Lords, and you will observe, thai
in this adilress of the 6th of August 17?)2,
they describe it accordingly as the people's
parliauient. After taking notice of some
things which I shall have occasion to observe
upon presently, they say " numerous other
reforms will undoubtedly take place even in
the hrsl session of a parliament so elected"—
that ifi of the whole parliament ?o elected^
•'depending only upon their electors, undi-
vided by faction, nncorrupted hv the minister,
and im influenced but by the public good/'
Geutlemcn» if their views went "simply to
the leitrrHf ntation of the people, in the Com-
mons House- of Farhamenl, in what sense
could they possibly have used these words ?
One paper rcHects upon the other ; it is clear
and plam, that thai only, which I have staled,
could have leen Iheir iulent. The letter pro-
ceeds, " To preserve peace and good order
among you, let no dispute be carried to ex-
cess, l/^ave monarchy, democracy, and even
religion entirely aside, Nefcr dispute on
tliese topics."
Geiitlemen, you have hem toM tlxat the
priscncr niver talked of the abolition of
miMiarchy— never talked of the abohtion of
the pcrrage— of the establishment of demo-
cracy^ but all his language was only of the
duke of Richmond*s plan,— Grant that it was
so; what does it prove, but that he observed
the kssou which he tauchl to others, and
which perhaps this very Tetter might teach
liim the ncLessity of observing — " to leave
monarchy, democracy, and even religion
esiirel V aaide, never to d\a\Aitc qivxVc?^ \o\kk^
Trial tf Thamm Hardtf 0W
the number of thoie who vbbid fir t
and equal represezitation of the
cording to the senile in wtuch he u&ad
words; and " leavinjg to a paxtinBcmwap
stituted, to accomplish every ol^jea Ihilli
wished ?"
The letter proceeds — ** The cODnnitliti
you every assistance in their po»cr«
request that your questions may relato^ckiii|i
to the methods of obtaining a reform ift p-
liament." Still observing the itinc msl ti
conduct; do not put to us any auch i^lcw^
questions, a^ whether we meto tO becMi*
with the duke of Richmond's pka «aN^«
whether it is our private itesigp la ^
monarchy by the roots, and pbct
in its stead — those nre awkwafd
we don't like to write answicri to ftd
tious, but request your qoestiona ll^^
chiefly to the methods of cibtailiiKai
in piirliament The letHer ttOdnlH^
yourselves we are frienda tope«ii,lK
and well wishers to the Rtglite of
not so sanguine in our e3ifiecliliuai»iit
imagine those ri^ht^ will be rtfAorid fe^ ir
spontaneous consent of those whokiivi
long deprived mankind of them.**
Gentlemen, you will observe thiltbil**
from the Norwich Society, to which lim te
is an answer, concludes — ** 1 ^iball vf9
more at present, but remain a fricMl »
ikjt to anarchy, a well wisher lo the
Man, when obtained by consent "
Bwer to it says, '* The London Ct»(
Society, arc also friends to pesce^
anarcliy, and well wishers to the Hi|p*^
Man, yet not so sanguine in thetriiliik
tions, as to imagine those rights «■ ^
restored by the spi tntaTjeoits eoDiMn sf ll*
who haVC60b>np dt^nnvrfl m^nlinrf «|iiS»*
Thus they r €ir*v("
are not of' t n k •( itff
of the Norwicit Society ; that they bolkt
degree, a I least, of force; tu lakii^ li«
yernmenl of the country, froiti tboiaio
it has been intrusted, against their
ami to taking it by such means astlKj
selves shall provide for Ui« ptvpoie.
Gentlemen, this, and nuiul»eri«9f ^^
letters of the same description, which 1 wn)^
observe upon, clearly ajtd di^bBCtfj^ ^ ^
seems to me, show the pitoelplti^ ttw ^nf*^
and the intentions of the persons vbatff i^
gaged in this transaction ; and llielMtfi^
which they meant finally to ace«*mpl»^B tl*i
intentions — I thmk that w« m ''^
of the views and iutenlicms^, aiv *
pnuciples of n man, not <Mily hv *»hai U *«>
self declares, but by the principle erf t*«
compny he keeps ; by the principtesof lll^
whoi^e character, and whose acts be ifyiP*
—by the prmciples of t t Ucatio*s-*i^l
am told 1 am not to i hkq l^^fli
opinions but by their ai nons^ I ai»*A< 1
must frequently judjc of the et^ af A«i
v^uMiiuiF ui3iuv|^t<^T^t lu 1^llLaYTUl.\J^]l.^\u^'a^ \MY^''^''=*> I actions v]f ineir opinions*
Lilt to le t his ej;idea v ouib ^ ou\^ \jo ^ucte^ftsvc^^X ^v^y^^^a ^^ ^^^»ga^ ^-^SM&ca^ m iIm t^
I Krhi'
IMS] f» High Triason.
of king William, had set about a rtforni of
religion, niid for tli&t purpose hkd attempted
to ii!-^nible a convenuon, to act as a conven-
tion of llic people, for the reform of religion.
Could YOU have had a doubt what sort of a
reform they meant to effect? Could jiiu have
had a doubt that they meant to establish
Popery P VVoidd a doubt of it have existed tti
the nand of any man P And one great reason
why you tould not have had a doubt o( it,
would l>e, the iiilolemnt principles of Popery
— though perhaps not of the Uomun Catholic
rf ligion» for 1 know they make a great dis-
i(T - i,..T, .rtri * Hisiinction in some degree well
t n Papists ami Roman Catho-
J 1 At majority of Homan Calho*
1 it least in former times^ were
1 ire not so now.
Gctjtkiueu, when we advert to the papers
which have been laid before yon, we ntust
'"'iservc Uieaamc tjpiril of intolerance in these
cieties. The French at this moment arc as
iniolerant in their pohtical principles as the
Papi^t^ e»er were in their religious princi-
ples They will not endure any other Hort of go-
vernmt'Ut to exist in the world, but their own
forui of government, becauM* they say that
the government which the light of reason dis-
cov»^rs to man, ou»ht to prevail all f^ver the
world, and Ihcrefbre tlvey are in conscience
bound to pron^otc it. Thus they hold the
fame obhgLiUou upon conscience in matters
t( pf»lai(s, a»* the Papists, deemed bindin|g
upon c«in science in m^iUcrs of religion, and
which mm hold to l>e binding in matters of
Tf' V ihink they ought to en-
cJ n other men to takethosc
J ' I'iness. which they
I' ' means. This is a
ri I he mind of man ;
I to government is
p- . - .^ -^ , .-,:...:.„; .ons to the highest
degree; as U tends to ihe unyeUling of every
atate whatever, because no two persons will
agree upon the question, which is the most
prop'T h>rni ol' government? No two persons
perhups ever jierfet tly a^eed upon the sub*
jfict— jiud if persons fay down certain princi-
pl l upon the pcrMwsion, thiit thojftc
J re HI clearly the re^dt of the light
< hat they ought to be established
t the world, and that it is highly
jnti^i '..u,,> u* establish thr- "'^ zhout the
worlds ihcy *ct upon a prit i ; olerance
which IS just as great, and j,.-, ..^ vldOgi-rous
a9 that of Ihe Papists.
!f iheretbrc men, who \n the years 1?93,
and ir9t, processed to consider no govern-
fnent as hiwfnl, hut that whirh i^ t ^uriltshtd
on what they call the inHr . of
Man, astauj^ht by the Trr. und
hy Harlow; and who prulv:?>?cii to ;aimirc
rtery thing done in Friiuee— thr rtt»*mHr»a-
Ijon of IffniclieTi
distinction, nod '
if such men thow a ur^m.' lo irdtrrmzti wiin
Iptracmift uf the aamc divpcmtion ; if audi loen
A. D. 17M.
[18S8
proceed to declare their intention to reform
the grVvernment of Great Britain, and take
»Heps for that purpose ; and especially if the
steps they take are, endeavouring to aisemble
a convention, whicli should at^t in the charac-
tf r of a con veil 1 1 on of the people, can any
thing but Ihe destruction of the British go-
vernment be their end ? Ts it possible to ima-
gine, that they had any other object ? For if
they should once have it in their power to ef-
fect any refonn, can they, upon their own
princiufcs stop short of that reform, which
they declare can alone constitute a lawful go-
vernment ? It is not in the nature of things
gentlemen. If men once gel the power la
make a reform, and lav it down as a principle
that I he only just rule in forming a government,
i«* esLiblishing the indefeasible and impre-
scriptible Rights of Man, with all their con-
sequences, trie necessary result is^ that the
moment they have tire power in their hands,
they wiH do the whole. It is impossible to
doubt it.
But it is not simply opinions, which the
prisoner, and those who were combined with
him have declared. They are not simply opi-
nions ; they are resolution*— resolutions to
act upon opinions. The societies, by their
uddre^.ses to the French Convention. Iravi^ i\e^
clared, not only their opinion lliat t'
ment of this country ought to be r , u.
— not only their »mA to make the government
of this countf) repubtiean— but a r€iottiti<m to
lake measures to cftect il. They rcwkm !<!>
make the govern ment of this cotmtry reptib*
lican — and having so done, they in e0eet de-
clare, that they have entered into a complete
conspiracy against the government of the
Couulry, For when men entertain opinions j
when these opinions are followed by a wish
lo carry them into effect, and a rcsohition to
attempt to accomplish that wish, ihey form a
conspiracy to do what they so wish to be done.
Idonot know what is a conspiracy, if that is
niH one. And these men have declared, not
only that such are their opinions, that such
is their wish, that such is their resolution, but
they have declared how they mean to accom-
plish that resolution ; namely, by means of a
convention of the people; and to establiaK
within this country, that sort of government
which would enable the French National
Convention to address a National Con?cnti<m
in England, not as a constituent ass< mbly,
simply, but as the governing power of thii
country.
Gentlemen, this has been the constrocllon
which has been put upon acts combinH with
opinions in other cases. What was the case
of Crohagan, which was mentioned bv one of
my learned friends f A man declared his opi-
nion that the king ou^ht tf) be killed ; he oe-
ch^red hi«» wish it* efiert it • he declared hia
^lution to or I lid come at the
This h< -tin ; and having
nrnxt^ SO, he came to i:.nri»inu. What was the
intef prctation whictv % ^v\ \m\ \s^ao^ ^ ^^K»k>
I
That be caroc U> England for the purpose of
ejecting that resolution which he had pre*
viou£ly made ; namely, a rcsolulion lo kill
the king if he coidd come at him ; and 1
ne%'cr heard itte propriety of that decii^ion of
the jury, in any degree reprobaled ; on the
contrar^^ it is always slHted as an illustration
f)f a principle* But if he liad declared, not
<jnly, thai he had formed the resolution to kill
the kingt but thai he iotendcd to dti it by a
particular instrument, and if he afterwards
tad provided that very instrument^ how
strongly would the providing that instrument
have declared hi^ purpose, and especially if
the in si rumen t was of a particular couatruc-
tion, and such as is not oruinarily used ? Vou
would say, ini mediately, there coukl not be a
possibility of douht of his purpo,se.
Kow Jet us see how this Corresiponding So-
ciety, and tho^c who leagued with theui— I
oiean always the leading members— proceed-
ed to carr}" into execution, that purpose which
it seems to me they had clearly and expresMy
demonstrated in these addresses to the Ma*
tional Convention of France, and in the ad-
dresses of the London Corresponding Society,
to the people of England, which 1 sliuU pre-
sently mention, and in the letters which I
have observed upon,
Genltemcn, itiis is necessarily a deduction
nf some lenglii— but why is it so ? because in
the nature of the thing, a resolution of this
Jiind could not be carried into effect in a mo-
ment. The only means by which il could be
effected was, by raising up a strong i>arty in
this country to assist the conspirators in ope-
rating the completion of their intent The
Be volution which has taken place in Franc e,
proceeded from very small beginnmgs, to the
Jieight at which it has arrived* If we trace it
from its source, we shall find so much simi-
larity between what has happened there, and
the nature of the atlempt made in this couu*
try, so far as they have gone, that I think we
shall perceive that the ditference in llie events
has arisen from iliffercnce in circumstances.
The ancient guvcrnmenl of France had be-
come so odious to all runks of the pcuple, that
the opinion of the people, by which alone a
government can be supported, fiiiling all at
once, the whole fiibric fell together, almost
without a struggle; and it was obvious to
every one, that the meeting of the stalcs-gc-
ncral, in llie year 1739, must produce a total
change in the government of the country for
tilts plain reason, thai the opinions of a va^l
majority of the people were changed, with
respect to the propriety of their existing go-
vernment; and whenever that shall be ihc
case in any country, the government of that
country cannot stand. The government of
Great Britain, on the contrary, has long been
the object of affection. We are in tlu; habit
of considering, that it has produced, during a
Jong cciurse of years, great public good. \Vc
view it witJi all (is fauR^^ with all its irauer
us may honestly and probably do wish, to pit
tt as much ot perfecttoti as we can; mi
though we are sorry to see many nS ik
abuses which prevail in it^ yet wc view it witl
a great degree of at lac tun en t, atidofrrTerenet
We may be told, perhaps, gentlcq|eo,iBA
90 we have been toLd by writt-rs upoQ tte
subject, that all this is prejuctice— pr^'jdietf
Gentlemen 1 What arc the oplojoiis thitu
form upon the greatest numoer of ^fh»rti^
but such as may be deemed j it
the mind of any reian capable or m
all its extent, upon every t'
before its view. We are ol
to take a great deal from tnc
others ; and that alone makes i
difference between men of ^
men of no education. For
great degree, the ins^tilling n ._
uf view, may be considered as i
the minds of men. Il is givu
benefit of the opinions of other-, i . :
them, in earlv life, to rest saliHtMji vtu
deductions which have brought The nai>J*a(
other men to certain points ; to take tliciiia>
data, as principles, upon which they v^P^
ceed to rcas^on, and to act^ In tbeir lUtBrtu^
Men of great leisure, who have the^ffMl*
nity of contemplating subjects wtlh mmw^
nulencs«f, who are not engaged tn bcniiiBi
which any way distracts their attention, mq
speculate upon various ^nl»u-r»w urtitcli tb
generality/ of men, in t"
possibly find leisure lo <
their situation in Life may be. And a |^
majority of the people in every couotr;, lii
the nature of its government l^ what it mf,
must necessarily be so much einployBdinot
tatning the ordinary comforts of hh, dot i
IS impossible for them to employ their mio^
upon many subjects, with any very goodtJ'
feci. This sort of prejudice it ismtiflAiK
euces the minds of the generality of the fti^
pie, with respect to the government of t^
country.^ It possesses their good opiiuoB.—
Why ? Because they have been tuttM B
think it oudit to possess their good opiM;
because it nas been handed down lo ^XB
hy their forefathers; that it has, (orM^pat
course of years, produced a greater portkoi^
happiness to the people of the couotiy, llM
has been generally enjoyed under the ^uftO*
mentof other countries. — Why it has dote
so, very few men have the leisure, ?tfy fct
men have the ability, to inquire, Fci)b|S
no man is capable ot viewing il, : " n*
lent, and all its consequences ; e
minute parts of it, huw they %
upon the other, and how tbe'n ^i-
tering of any paKicular part ina> v..--., - ii*
consequences, the whole. But 'we Itnow tint
the result of the whole, combined, in priod^
and practice, is^ to a certain ei^lenl, good^id
therefore we are attached to ti. Itiji
tlemen, is unquestionably
dice ; but it is that sort ol | ,
/ectioas; but in the ie^\Vt|m&\u\i^/^A ^qI\ t.\^i>3 ^w«TOrarfLXixSa»^i^isj^ttfitj^aiid
m
1329]
Jbsr High Treaicm^
A. D. 17M.
[I8S0
^lonc a govemmwii can be supported— 4he
prejudice of public opinion— and ihe first at*
tempt to destroy a government must neccs-
larity be, to destroy that prejudice of public
opinion in its favour, which is its support-
The fir^t operation of those who conspired
the deslraction of the ancient government of
France, was unquestionably to destroy it in
the public opinioii ; and that was completely
effected before the meeting of the states- ge-
neral, in 1769. Having done this, they l^d
removed every thing which supported the go*
venimcnt, anij it necessarily fell.
I Gentlemen, those who nave imitated the
^^Mpceedings of the French^ in this country ; —
^Hn imitators, I call them, not because they
r^ake U5e of such a word as convention ; —
f imitators, I call them, not because they talk
of organizing, and appoint committees, for
irarious purposes, sucli as arc made use of in
the French Assembly, but because they have
proceeded directly upon the plan which has
succeeded in France, in overturning the esta-
bhshed government; they have proceeded
upon the plan, which not only destroyed the
government which existed previous to the
year 1780, but which has also destroyed that
eimstitution establishedin 1791, which wasthe
roost popular constitution, in its form, that
ever was established in any country, with a
king at the head, and indeed more popular
than any constitution that ever was establish-
ed in any country whatever. For the king of
the French, as he was called, under that con-
stitution, had, in effect, very little authority,
except that most extravagant revenues un*
questionably were assigned him, and some
particular prerogatives were given him, which
probably were intended, by those who framed
the constitution, to enable him to assume,
a^in, a certain degree of power, which they
might conceive to be necessary for keeping
the whole together, and preventing the mass
from turn hi tog to pieces.
Gentlemen, Mr. Paine was fully aware of
the effect of alt this. He tells vou, in his
great affection for this country, tnat, during
be American war, he had it in contempla*
tion, having transferred all his love for his na-
tive country to America, and declared liimself
* citizen of the wt»rld ; — an eipression which
tends to destroy all those attachments which
unite ustogether ; — a man wlio ttecomes what
he calls a citizen of the world, becomes, in a
certain degree, an enemy to his own country,
acting couirury to all those natural attach-
tnents which unite us to the society in which
we havf hv> ' ^ d, and which have hi-
therto hicri ' as the best affections
of ni.io, ai, . ...MLM ihe j^. .r^.i.i... .♦ tk^^^
tuen hiid directly to destrf'
\iC h.\fl ( IJIU ( iviul tlir 'n]rA
lUj^ht would imvu fijiil tilt' *
ning the government of <
i^ mentions m a aotei whidi frlH>w*
t
what was, in his mind, the consequence of |>
tacking the public opinion upon the* govern-
ment of a country. He opens llie intixxluc-
tion to the Second Part of the Rights of Man,
with observing, that, what Archimedes said
of the mechanical powers may be applied to
reason and liberty r " Had we a place to stand
upon, we mieht raise the world." He con-
ceived, that trie propagation of his principlet
was that standing place, by means of which
be hoped to raise the world.
Gentlemen, you will observe, that an iiii>
pressionwas made on the minds of all these
men, that what had passed in France, in the
course of the years 1789, 1790, and 1 79 J, was
a orelude only to that which afterwards would
follow, lorn; before the 10th of Aui»ust, 1793 ;
and that ifie 10th of August, 1792, was the
glorious victory which completed liieir tri*
umph. They considered the world as in a
course of revolutions; and, in the phrase
of Mr. Paine, that revolutions were the order
of the day. The impression upon the minds
of these men, that the world was in a course
of revolutions, and that revolutions were the
order of the day, appears throughout almost
all their papers* You will find, upon cxami-*
nation, that they considered a revolution as
inevitable ; as that to which the nation must
finally come. They have been likewise taught
that the danger to which alone this sort of |
revolutionary principle was liable (for «
Paine teaches them), was, the revolutiod
being attempted, before the principles upon
whicn revolutions ought to proceed, and the
advantages to result from them, were suflU j
ciently seen and understood. Therefore, tlie ^
object of the works of Mr, Paine, Mr. Barlow, t
and other publications of that description, i
was, to show to the people of this country, the j
principles upon which revohilinns ought ta ,
proceed, and the advantages to result front \
them, in onler that these being sufficiently]
seen and understood, the rest might follow. {
Gentlemen, for this purpose a varie^ off I
pamphlets have been published, which na¥A j
been observed upon to you. These pam«
phlets have clearly and unquestionably fofi
their object, jjj il* ^^troy the opinion which the^
people gf I c of the excellence of thi^«|
British co: i^ in all its parts, t)Ut mo
especially in those two parts which \h%i
counsel for the prisoner have said, it was thsl
object of the prisoner to retain. For the***
Hooks consider a House of Commons as
thing toh'rable only in ' i1
House of Lords ; and n
sidcr as utterly clr '
That there »i^ som« 1 1
II... ►^^^ ..fCommoui?, ...... t^■^ -, — ' — "iQ
111 II If ilif !x r-win*, who were eir^
to destroy I
V rnffnroTir 1
d€cUit that 110 conkUUiU-^u t^s^^^V. Xv«
Hy ought to be, slmll
[ attentive and favourable hearers ;
^ibr they know tlie manitold defects to which
every kmd of regimen is subject ; but the se-
crtftWs and ditBculties, whtpb, in atl public
procgedings^ gre ionumerable and inevitable,
ihty haves not ordinarUy thejudgnu^nt to con-
aider/' — In this vie% all these pamphlets
were written ; holding out, lo the mosE glar^
uig o) lours, every thing that was an abuse ;
Q£vi:r onc-e tcliing the people that they oii^ht
W.^onajder what were the secret let& anddiffi^
cullies, whichp m all public proceedings, are
innumerable and iiievi table, and which, there-
f9r% ought to make all persons extremely
cautious with respect even to the abuses of
government, because, without very minutely
attending to it, they may nut be aware af
(bofle secret letf and difficulties which occa^
ftioned those very abuses, and winch, perhaps
are absolutely inevitable, from the nature of
things ; from the constitutions of men ^ their
habits, prejudices, pa&sions, and a variety of
other circumstances; all uf which must be
considered, when people consider, not only
the constitution of the government, but the
administration of that government.
But, for the purpose of a sy»tematic attack
upon the government of the country, it was
necessary that there should be some leader,
some head, to direct the whole. — Gentlemen,
wb^t has been the wonderful effect of the so-
i:ieties which have been estabhshed in France;
I mean the Jacobin club, with its forty-four
thousand afliliated popular societies, which,
for a great length of time, really governed
France, and kept it in continual agitation ?^-
The persons who were employed in this coun-
try, seem lo me to have conceived the idea of
them&elve^ In such a m
find« almost all the orifli
club deserted it ; and at la
collect from the proceedJingi
which were read Xo you^ abo
venleen persons, appear to
whole of the members who r«s
frequently only five, ^ix^ or
sent ; and the business vraa
with a great degree of ioat
were seldom more iha6 aiile
present ; and if we advert to
sent upon the imftortani
shall 6nd that a very few icmI
directed that club. — One coi
waa Mr. Home Tooke.
Vou will ea&ily perceive ib
as this, was not that sort <
cnuld be made to opemle »s .
because a society of thia d«sc
an open society, it cpiUd not,
of it^ ' itiule m
Bui , ,. char
long bad in the c<mutry ; for I
ncr<il did not know thint tbeir
members had decUncid atteodi
— Mr, Sheridan said, I tblnk,
attended at the society for eie
-—As that, however, was a Q
rally known to the world, Um
the (Constitutional Society, aig
cretary, had witii the world lb
of the names pf all those p^i
been members of the societ ~
sary to keep up the characL
of this society, but at ikm i
another societv. which
tfiietjJ
ractM
lass]
far High iVetuon.
A. D. 1794.
[1SS4
this London Corresponding Society was adnii-*
rably calculated tor the cftect whicli it was in-
tended to Iiave. Its name imports that the
object of it was, to correspond with all other
societies of the like description ; and an im-
portant ohjectof this society was, to miite, liy
means of Uiat correspondence, all the country
societies wiUi this society in Ixindon, and
with the Society for Constitutional Informa-
tion ; so that they mizht move in one bond
of union, in tlie manner recommended by that
letter which I liavc mentioned to you.
This society was extremely popular in its
constitution. Any body might be admitted a
member of it, of any description. The sums
collected from the members were very small.
They were formed into divisions ; and when
the members amounted to a certain number,
they were to be divided again, for tlic purpose
of diA'u sing their meetings more generally over
the whole town. — ^They were to have from
each division a dele^te ; the delegates
formed a committee ot delegates; and that
committee of delegates was to be guided by
the committee of correspondence; for, as
their business was principally correspondence
the Committee of (;orres{>ondence necessarily
had the management of almost every thing ;
and that committee of correspondence finaily
became the Committee of Secrecy, which I
before observed upon.
This society have, in three publications
which they have given to the world, and
which the gentlemen on the other side have
not in any degree observed upon, declared
tiieir principles and objects, so far as tliey
thought it proper and safe to declare them.
You will recollect the manner in which they
expressed themselves in the answer to ttic
Norwich letter ; and I must beg you will al-
ways have in view the answer to that Nor-
wich letter. It is a key to all their language.
It directs the Norwich Societies to leave mon-
archy and democracy, and all disputes upon
that subject alone ; hut to hiok forward to one
distinct object — the obtaining a full and cqtial
representdtion of the iieople in parliament,
leaving to a parliament so chosen, to carry intr)
exeaition the rest of their views, if they shoulfl
not be able immediately to carry them into
execution. Their intention^ therefore, was, to
keep as much as possible out of their publica-
tions, any thing about monarchy or demo-
cracy ; but, at the same time, to express them-
selves in such a manner as should ronvoy
completely, to those who chose to underMnml
them, all that they meant.
The first address of the London Corn'spon-
ding Sorieiy was dated the '2nd of Ai»nl, 1792,
but which the evidence has clearly sluuvn you,
was concerted between the prisoner and ^omc
other |Hrsrms, at a much earlier period. It
begins thus — " Assured that man, individual
man, may juf tly claim lil>erty as his birthright
we naturally conclude, that, as a member of
society, it becomes his indispensable duty to
preserve inviolate that liberty, for the benefit
VOL. XXIV,
of his fellow citizens, and of his and their pos-
terity.— For, as in associating he gave up cer-
tain of his rights in onlcr to secure the pos-
session of the remainder, ur.d; voluntarily
yielded up only :is much aS was nere»iS!iry for
the general jtoikI, so he may not harltr away
the libcrricb of his jiosterity, nor desert Ihft
common cause, by tamely and hupinely suffer*
ingto be purloined from the people, ot whom
he makes a part, their nnturul and unalienable
righti ofrcmtancc to oppression, and of sharing
in the government of their country ; without
the full and uninterrupted exercise of which
rights, no man can, with truth, call himself or
hiscountrv free."
You wifl recollect, that, throughout every
one of their papers, they have uniformly de-
clared, that they considered the existing go-
vernment of this country as an usurpation,
and a5}ui oppression. — When, therefore, they
declare their right of resistance to oppression,
they dechire their right of resistance to the
existing covenunent, which they have de-
clared to he an oppression ; and all their pro-
ceedings are in direct conformity to that de*
claration. For the proceedings of the Scotch
convention, and the resolutions of the twen-
tieth of January, 1794, at the Globe-tavern,
go upon this principle— the natural and unt
alienable right of resistance to oppression—
So that they have only to call any act on the
part of government oppression, and then, de-
claring their natural and unalienable right of
resistance to oppression, they declare their
unalienable right to resist that particular act.
— ^I'hey also declare their unalienable right
of sharing in the gacernment of their country
— making use of the word government^ as
will be tbuml in all their publications, instead
of the expression in the duke of Richmond's
letter — " sharing in the choice of those per-
sons who are to make the laws by which ttiey
arc to be governed." — The change is ex-
tremely remarkable, and is, in fact, a key to
the whole.
Then they resolve expressly, " That every
individual has a riglit to »>hare in the govcnv
mcnt of that Hoticiy of which he is a mem-
ber."— And their fourth rr^<»lution i?, ** That
the ]>e*iplc of ( Jrcnt IJritain are not crli^rFnally
represented in parliament,*' not contining
their rC"*ohition to the JImi-jp «if Conunons ;
an«i though cf?rtainly it i' .ifablr of ilml con-
««tniclinii, yet that i«» not llu^ natural ronstrur-
tion of the words. Tlirir seventh risi.lii-
lion is — " Thill a fair, equal, and impartial
rrprn«ent:ition can n''vcr lake pKue lill all
partial privilr£;cs arc ahiilishi'd :" — which
^ri-nis a clear clfclarali»»:i uf ilnir m«';nnn^. —
Ffir ihrir tir*it resolution i*-, " Tli.-.t rvrry indi-
vidiiril has a right to >li:!ri.' in the yortinmint
of that "oiirty of which l«»* i** .i member, uti-
IciS incupurit.itccl ; " wliuh share in tlio
governmont the y could p.ut ] ossibly have,
unless they \i:u\ a vuicr at Ictsl in llic elec-
tion of the persons who are to administer
that goTcrnxncnt. — Tl\cv <o>\\>\\^ \ctf5s»*.
4 K
12S7]
for High Treason.
be administered; tliat every person has a
right to exercise these rights, that no majority,
however great, can justly deprive ihe minority
of any part of these rights, and that, where*
ever it is attempted, the social bond is broken,
and the minority have a right to resist."
I do not wonder that my learned friends
did not make any observation upon this pa-
per— It is impossible to make any effectual
observation upon it, for the beneiSt of the
prisoner, because the meaning is clear and
plain, beyond the possibility of doubt. Here
arc persons declaring a principle so wild, that
if it were to prevail, it would be impossible
for any government to exist — ^It has generally
been conceived, that it is a very strong thing
to say that the majority have a right to alter
the constitution of a government, at least
without very strong necessity for it. A num-
ber of people are assembled in a country,
whose whole habits, and connexions, lead
them to wish to remain in that country, and
they are assembled upon certain terms of as-
sociation, which forms their constitution.
Every individual has a sort of sacred right to
the observance of the terms of that associa-
tion; a right, at least as sacred as his right
to the pro^rty which he possesses. — If it oe
his wish to continue to live under that con-
stitution, it is injuring him as materially and
18 essentially to take away that constitution
of government, as to take away his propertv.
Undoubtedly cases of necessity may arise, in
vhich that right must [be invaded, as rights
of property, and every other right must be
invaded, in cases of necessity — even the right
which every man has to his own life — ^you
must remember the case which is commonly
put, of two men being upon a plank in the
aea, and the plank proves capable of support-
ing only one of them. It is said, that the
stronger would be justified perhaps in the
— i*-* I confess, gentlemen, I was overcome
with the dreadful alternative to which that
man roust be reduced— It is commonly ob-
served, that it would be justifiable for the
stronger, in that situation, to push the weaker
from the plank, for his own preservation.
But, gentlemen, if we feel so much when a
man b reduced to such a dreadful situation,
and feel that nothing but absolute necessity
can justify the act which he does — what can
justify men, who without a very strong neces-
sity, shall attempt to disturb the established
SDvemment of any countrv, in which any
large proportion of the innabitants wish to
retain tlio government so established ?— but
what shall we say to men who carry the prin-
ciple to this length-*not content with aeny*
ing that even a larse majority of the country
ought not to alter tno established government
of ity against the consent of the minority,
without extreme necessity — but asserting
that no majority, however great, can justly
^ Here Mr. Solicitor General was ioter-
ni|»ted by a flow of tears.
A. D. 1794. [J2S8
deprive the minority, of any part of their civil
fights; that whenever it is attempted, the
social bond is broken, and the minority have
a right to resist ; and assuming at the same
time, as one of those civil rijghts, the right of
equalit}r of voice in the makmg of laws, and in
the choice of persons by whom those laws are
to be administered ?
Is not this a declaration, clear and plain,
that they conceive they have an unquestion-
able right to resist any government which is
not a republican government, founded upon
their principles of universal representation ;
and that any other government is so unlawful
that they are not only not bound to give it
support, but that thcv have a right to resist
it to the utmost of their power, and in any
manner in which. they think fit to resist it ?
this is a principle which teaches rebellion
against every sovemment not founded upon
their plan, ancfyet I am told that men who
hold such principles, wlio come to solemn re-
solutions upon them, are men who have a
perfect reverence for the monarchy of this
country, for the hereditary peerage, for every
part of the government of the country, ex-
cept the corrupt representation in the House
of Commons.
Gentlemen, the address of this society of
the 6th of August, 17 OS, proceeds exactly
upon the same principles; and when yoa
consider these adaresses and resolutions in the
report of the committee of constitution, I
think you cannot have a doubt in your own
minds that every thing which tends the other
way in any part of their publications, is what
the attorney-general represented it to be, a
mere veil to cover their designs ; but so thin,
so' thread-bare, and so tattered, that the na-
ked limb is starting out every moment. This
address of the 6tn of August 1799, begins
with those lines from Thomson which my
learned friend read so well. Who will dis-
pute any one principle which it contains?
and yet, if passages are to be taken from
books, and appliedto such purposes, the best
books may be perverted to the worst of pur-
poses. No book has been more perverted to
Dad purposes than the bible.
This address of the Corresponding Society
to the inhabitants of Great Britain, on the
subject of a parliamentary reform, begins
thus — " Uninfluenced by party pique, or sel-
fish motives, no ways afrrighted at the firowns
of power — noi in the least awed by the evidently
hostile preparations of a much alarmed arista^
cracy." — Here conveying, for the first tim<
that idea which you afterwards see develop
I with so much success, and which was to end
I in arming their own party— you will observe
the idea is here completely developed — " not
in the least aued by the hostile preparations of
a much alarmed aristocracy — we, the London
Corresponding Society, united with a view of
obtaimnga thorough parliamentary reform;
anxiously demand your serious am^iBiMX^xX*
lected atteu\umv>A>^«Y(«wnsX ^>3w^ia^ *»»^
1211]
for High Treason.
A. D. 1794.
[4242
who y/'iah fer a full and equal representation
of the people, and leave to a parliament soeho-
se*j to form plans for remedying the existing
ahuses/* The letter, thereiore, to the Nor*
wich Society, commenting on this Address,
shows you what tl^y meant. It shows you,
that tliey meant, in their words^ to leave Mo-
narchy and Democracy alone; but to hold
out that whicli Uiey thought, under the cover
of language, tliey might safely hold out ; and,
at the same time, keeping clearly in view the
destruclion of Monarchy, and the estaUishr
ment of Democracy, of which you cannot pos-
sibly have a shadow of doubt, when you con-
sider the terms of that letter, the terms of
this address, and the particularpassages which
I have read from the report of the committee
of constitution.
Gentlemen, there are two things contained
in Uiis address, which struck me in a v«ry ex-
traordinary manner. One is, the description
of what they conceived such a parliament
(an electtd parliament) as tliey describe,
would do. When assembled. They say, that
such a parliament, ** Finding that a mosit ex-
tmordiuiiry waste of public money had taken
place under the different preteiK:es of places,
pensions, contracts, armaments, subsidies, se-
cret service money, Ike. our honest and an-
nual )>arliament would, after narrowly scruti-
nizing the same, retrench every sum need-
lessly or wickedly laid out/' You will ob-
serve, thisi passage refers to a waste of public
money, which had taken place, and says, this
elected parliament would retrench every sum
needlessly or wickedly laid out — not that it
would prevent, in future, improper expenses.
Gentlemen, I leave to you to make the com-
ment upon that passage.
The other passage which particularly struck
me, is alM a passage which speaks for itself,
and which I take to be exactly of the same
description as that which I last mentioned. —
*' The people's parliament finding, that, under
^'ariouji pretciict.'**, grants of common land had
been obtained t»y sundry persons, no ways to
the benefit of the communitv, but very much
to the distress oi the poor, the same would be
soon rtstorcd to the public, and tlie robbed pea-
sant again rnabled annually to supply his dis-
tressed family with an increased quantity of
bread, out ot xhv. profit arising from the liber-
tv regaincd,of !;Mzing a cow, two or three
fihecp, or a brood of gecM; thereon."
What can that possibly mean, but that all
thobc commons, which, imder the general
consi'ntof persons iiitcr€ste<l, under the autho-
rity of a<ts of parliament, or in any other
niunixir, have been eiKloscd, improved, and
divuird, should, under pretence of restoriitg
the riiitit^ of the poor, be taken from the pre-
sent pitiprit tor«, and divided amongst those
poor, <i>r ilio puriH)s<* of engaging them in the
parly ? I ti I l>c |)t)ssiblc to give any other con-
struction to that paragraph, I wish you to do
it ; but my mind is incapable of giviDg it any
oilier conamction, and I think there cannot
be an idea more destructive to private pro-
perty. For under the same pretence, the
whole property in land of every person in the
country, might be destroyed. I cannot form
a calculation of the immense quantity of land,
which, within even the last twenty years, was
common land, and is now become <>cparatc
and enclosed, upon the faith of which inclo-
Bures, persons nave laid out large sums of
money in improvements and building*^; and,
generally speaking, those who had rights of
common, had their rightscompensated m some
way or o^er. Whatever injustice may liave
been, in particular instances (supposing any
such to have been), if once an attempt is m»dle
to unsettle rights gained in such a manner,
and so established, all right of property is ne-
cessarily in danger. If you once attack the
principles on wTiich rights of property havr
been established, you must go on till you will
destroy all right of property, and do exactly
what has been done in France. For there,
under the pretence of the rights of the public,
an immense quantity of property, which had
been granted, from a vast distance of time, by
the crown, to individuals — as half the estates
in this country are, perhaps, held under grants
from the crown, although, perhaps, those
mnts cannot be actually traced— -was taken
from the possessore, and given to the public.
The first French National Assembly, that
Constituting Assembly which acted in many
cases very properly, was guilty of the cross
injustice of taking into the hands of the public,
large quantities of land, from great numbers
of persons, which had bneen purchased and ac-
quired in various ways, because they said, the
lands had been originally improperly granted.
— Here the expression is, " improper grants nf
land** which may easily be applied to lands
formerly granted* by the crown, and indeed to
the title of every person's estate. This lure
is held out, unquestionably, for the purpose
of gaining the poorer sort Of people.
'i'hese arc two striking passages in this ad-
dress.— One referring to a subject, upon which
I make no comment, but leave it to you to
make a comment. — Upon the other 1 have
ventured to make a comment. — It seems to
me, that, by it, the title to all property is put
in hazard, and I will call to your attentkm a
part of the evidence which appUes particularly
to the subject. I allude to that part of Ly-
nam*s evidence, with respect to the divisions
in Spitalfields. 1 only wish you to bear that
in mind now, — I mean particularly to notice
it hereafter, — to bear in mind the relation
which that evidence has to this passage. You
will recollect, the Spitalfields divisions were
considered as likely to produce as many mem»
bers as all the then existing members of the
society, and they were to be supported by as-
sistance from the other divisions, because
they were considered as persons of that de»
scription to whom the small subscriptHMis
that were to be niade| of a peno^ i» ^wl
other nMnVwafA iQbaBk«»aR\i^ ^[O^V
\
184SJ 35 GEORGE III.
convenient; and then judge, whether that
which I have suggested, was uot a part of the
g^cral plan.
Gentlemen, you will also recollect, that, if
what Lynam slated upon that subject is un-
true, there could have been no difficulty what-
ever in contradicting him; and, therefore,
whatever reflections may be thrown upon
him, or upon spies, or any other persons, vou
must believe that to be true; because, when
a person is accused of having concurred in a
transaction, by evidence, which is capable of
being contradicted by a great number of per-
sons, and not one of them is called to contra-
dict that evidence, you must give credit ne-
cessarily to the accusation ; and its not being
contradicted, when it might be so easily con-
tradicted, if false, gives it a confirmation be-
jond all doubt.
This address states, that, " Numerous other
reforms would undoubtedly take place, even
in the first session of a parliament, to elected,
dependent only on their efectortf the people, un-
tom therefore by faction, undivided by party,
umcorrupted by ministry, and uninfluenced but
by the public good.'*— A passage which, as I
before observed, is utterly inconsistent with
the existence of a House of Peers ; referring
to a parliament, which is described as wholly
elected in the manner mentioned in this paper,
and as dependent only on their electors, the
people, the very object of the House of Peers
being to have a middle body in the constitu-
tion of the government, which should not be
80 elected, but beine of a different descrip-
tion, should form a barrier between each of
the two other powers, the King and the Com-
mons, and keep the balance even between
both, as one or other maj^ preponderate.
It is a remarkable thing in the history of
the constitution of this country, that the time
Trial qf Thomas Hardy [1344
Gentlemen, I have now, at a length to
which I certainly did not intend to go, am-
mented upon the establishment of the LondGo
Corresponding Society, upon its addresses,
and upon its constitution ; and it seeins te
me, that this alone would be very «u£cieDt
to show, that the object and the ioteousc,
that ikifi formed resolution (lor I think we dd
it injustice when we call it intention, k
opimon, or conception), that the J'arnud ray
iution of these societies, that is, of the leadoe
members of them, was, to establish, in this
country, a democratical form of goverameG:;
a form of government more democraticii ilua
that which ever existed in any other cgot:;
— unless we conceive that it exists doc a
France — utterly incompatible with, and ibob
fore necessarily destroying, the nionarcbioi
part of our government ; and therefore, ihok
a clear demonstration of a conspincr to
depose the king; and any act, taken inputs
I suance of that conspiracy, is unquestioDibtT
an act of high treason.
Gentlemen, in the course of these tnosK-
tions. there was one very artful procec^;
which was, I believe, observed upon bjr toe
' attorney-e^eneral. The society for CoEstliii'
] tional Information met every Friday*, ^
.' delegates of the Corresponding Soctetjod
! every Thursday. The advantage was, tu
Society for Constitutional Information ne
to hold themselves up as persons of resj^
: able situations ; all violent resolutions vn
I therefore to begin, either in tlie countiy »■
cieties, or in Scotland, or they were to bqpi
in the London Corresponding Society.— lb
committee of delegates of the London Oi'
] responding Society, came to resolutiom «
! the Thursday, which, on the Friday, tiff
generally communicated to the Soci^ u
Constitutional Information. And here ii
1245]
jfor High Tretuon.
A. D. I79i.
[1916
Patriot ; and there, speaking of the establuh* i
menl of several societies, it says—" We beg '
leave also to throw in our mite of commenda-
tion, of the laudable spirit which you have
evinced in your intention to address the
National Convention of France, and hope
sincerely, that your example will be followed
by all the societies in the two kingdoms;
Ireland having already set the examples-
then it says *' we hope your society will also
give them" (a particular society, which is
named, the Stockport Society)" your sanction,
'advice, and support; as it will be in vain for
the friends ox reform, to conteud with the
tremendous host of enemies they have to
encounter,"— -clearly showing, that they con-
sidered that a very large proportion indeed
(and some of the other letters expressly stat-
ing, that a vast majority) of the people, were
against them. It goes on — ^" We clearly
foresee, that Scotland will soon lake the lead
of this country" — (I wish you, gentlemen, to
observe this) " and conceive it will be neces-
sary to take the greatest care, that an uni-
versal communication should be constantly
kept up, between the several societies, how-
ever distant, and that all should determine to
act upon the same principle, and move to-
gether, as near as maybe in regular and
active unison. *Twa9 by this method^ France
became to thoroughly united, and we ought
never to lote sight of it,**
Now, can any government subsist, which
bas within its bosom a number of societies
acting as a corporate body upon those princi-
ples? What, gentlemen, is a government,
and a state, but a corporation f— -It is a num-
ber of men, assembled by certain constitutions
of union, by which those who are of them-
selves individuals, are enabled to act as one
body. When therefore a society is established,
and that society puts itself under particular
regulations, that society, to a certain extent,
though not bound in the same manner as a
corporation created by the lawful government,
is in effect a corporation ; and when a number
of societies unite themselves in the manner
here proposed, they are a union of distinct
corporations. Corporations created by the
constitution and government of the country,
acting under the aulliority of that constitu-
tion, are subordinate states. The East India
Company, for instance, is a corporation, by
means of which our possessions in the East
Indies, to a certain dc^pree, are governed.
That is a corporation, acting in subordination
to the great corporation of this country;
which, lord Coke says, is composed of King,
Lords, and Commons, of which the King is
the head. He calls it, expressly, the great
corporation of this country. Then here, upon
the principle of incorporation, are a great
number of societies, united together, for the
purpose of moving together in regular active
unison ; for the purpobe of forming themselves
into one state, which should act to{;ether, upon
oae principle; a sort of combiua&n of slates^
like the United States of America^ which stiil
have one regular constitution, which regulates
the whole government. A country may bear a
corporation or state within it, which is in
avowed subordination to it, such as the di£fe-
rent corporations in this kingdom ; because it
has a power to regulate their actions by the
proceedings of the courts of justice. If they
exceed their power in any degree, it odu
them in question, and they may, if they go to
certain lengths, forfeit the privileges granted
to them. Such corporations are completely
within the power of the government, and are
capable of existing consistently with the
safety of it. But such corporations as these,
cannot exist in any government, with safety
to that government. It is, imperium in um-
periOf wnich is inconsistent with any govern-
ment. This was the very principle upon
which the National Assembly in France, in
1791, passed a decree against the Jacobin
clubs, which unfortunately for that countiji
was never put in execution.
We object to these societies, " you are
actiug as a corporation — ^you are taking upon
yourselves the firmness, union, and manner
of acting, which belong to a corporateibodj,
which makes you therefore a state within m
state, and renders the existence of your so-
ciety, totally incompatible with public peace.*^
The celebrated speech made by one of the
most distinguished members of the French
constituent assembly, Mons. D^Andre, a man
of considerable ability, states this in so clear
and plain a light, that it must bring convic-
tion to the mind of every roan, that the go-
vernment of a country cannot exist^ if there
subsist within it, such a set of associated and
affiliated societies, acting as a corporate body,
in opposition to that government, in the
manner in which these societies proposed
to do."
In all these transactions, the prisoner un-
questionably has borne a ver^ distinguished
part ; and you will find that his letters, if you
take the trouble of referring to them, cer-
tainly show his privity with every part of the
transaction. A privity which must necessa^
rily also be interred from his situation of
secretary, with every part of the transactions.
Gentlemen, you recollect a letter of the
prisoner, to Mr. Vaughan, of the 9th of
April, 1793, in which he particularly states,
in what manner he conceived the minds of
the people were to be acted upon ; the man-
ner in which they were to be allured and de-
luded ; and advises Mr. Vaughan to collect
some choice flowers from several publications
which he refers to. You will recollect, also,
that the gentleman to whom that letter was
addressed, although present in court, has
not been called to explain any of the transac-
tions which have taken place. That letter
was very early in the transactions stated to
you, and shows most clearly, and plainly,
that the prisoner was at the very fbundttiioML
and rootof everj thiav- l&Jt^vk'wx^'V*^-^''
\
1M7] 35 GEORGE in. TridrfThma»Hardif [ISI8
son who was deluded and led away— He was • send a deputation to that meetinz. I have no
eoe whose whole heart was in the cause, aod doubt but our !»oc!cty would, With pleasure,
^•ho was contriving ill Uie delusions which accept the invitatiuii': and I axii persuaded
are imputed lu ttie persons who were con- it would du much ^i»o'}. i^r freedom, as tqu
cernei in these tran:<^actioos. justly ob'^erve, depends entire) v upon our-
These things hdving been done, and the selves, and upon our availing oiir<^Ires of this
people having been by such means consi> opportunity, which, once io»t, may ni*t be so
derably set against the con>titutione<!tubli9ii- soon recovered.'*— And 1 observe' upon this,
ed in the country, the leaders of thcs'^ S'ocie- because I think it tends to show, ihit, how.
ties began to consider wliat measures they ever unprepared they might l.^e to cany the
should take. There had been fir M^me time measures they bad iii view, into complete ez«
in Scotland, a number of societies, which had ecution, they had a strong imprcssiiiu upoo
been acting upon the same principles, and theirminds, that, if they lost the oppurtimity,
hoidinz a corre<pondence with the Uindon which to a certain degree they conceited
Corresponding Society ; and thc?e societies they then had. they shoiiUi not be able to re-
in Scotland had formed a meeting, called a cover it again ; and that therefore it was ne-
Convention of Delegates, which harl met cessary, at all events, to take some steps,
early in the year I7l>3, and had tlien ad-- This letter of the .^th of October, 1793,
journed, I think to November 1793. These having been written by Mr. Hardy, a letter
people, when they originally met, appear to ; came from Mr. Skirving to him, in an official
have had exactly the views which were • way, desiring that those deputies roizht be
stated by my frieiiti who last addressed you, ' sent. — ^This letter is communicated, not only
as the views of the London Societies. — ^1 hey ! to the London CorrespondiDs Society, but to
did not assume to be a Convention of the i the Society for Constitittioiial IntLnnation;
People ; they described themselves as a meet- j and in consequence of that communication,
iug of delegates of the different socitlics us^ j both these societies seal delegates to this
sociated for the purpose of obtaining a fiar- | Scotch Convention. — And, gentlemen, you
liamentary rtfurm— they met— they did their | will recollect, that, by the ^communication
business 'they dispersed and adjourned to I with Sheffield, Norwich, and other places,
meet again in November. | they were likcv. i«;c induced to send delecates
During this interval, you will obsen'e that to the same convention.
a very private and particular corresponrlence • Thc?e are the innrurtions irivcn bv the
took place. There is a letter from Skirving j London Corresponding Sxietv, which were
to Hardy, of the a5th of May, 1793. — I shall j signed by the prisomr:— '• The articles of
have occasion to observe something more t instniction given to citizen Joseph Gernld,
upon the subject ; but I would now observe, . delegate from the London Corrc^^pomlinsr So-
that this letter speaks of the writer's disposi- j citty to the ensuinj:convcnliv..n in I'ldinbursh,
tiou to unite in one ussembly of commis- ; for the purpose of obtaining a thorourrh par-
sioners, froi.i all the couiitrics in the wf-rid | liamentary reform.
for the pur I kjsc of reform. — 1 his letter led to j ** First — He shail ou no account depart
a private corrcspoiiflencc between Mr. Hardy, I from the ori2:iiial oljoct and principles cf xhi?
the prisoner, and Mr. Skirvini:, who had been ; Society: nAinciy. tiie obtaining annual par-
secreury to that meeting of delegates in j liaments, and universal Mitlragc, bv raiinal
Scotland, which had never thought oi as.^Mm- \ ami l'j,i.ud htc:ns.''-^Rutionaran(i */«r. .*h/are
ing the appellation or character of '* Convcn- j words wi:icn are capable of aImo>t .mv ron-
tion of the- People;"— an appcll.ilion and cha- ( struction. — For, after it had been stated in
ract'jr which, for the purpOMjs ^tatetl by my i the report ofilieir committee of constitution,
learned friend, were totally uniioces^nry. I that tiie miuoriiv had a right to resist the
On the 5lli cf October, \7\K\ Mr/H:rdy | majoii
writes a letter to Mr. J^kirviui^, in which he they c
speaks of the trials of Muir aiid Palmer, who
ty, fart>.e purpose ot asserting, what
.li!, tl-.eir indefeasible rights, "amon^
which liicy cLtiin tiie right of equal, active
had Irccn prosecuted for stxlitious conduct, citi.'.enship ; mtiunai ami laicful vicans arc
and then says, ** The General Convention ■ any meaiH which would be, according to their
which you mention, appears to Mr. Mar- , idea ol reasju,r.itic»nal, and, according to their
garot, to whom alone 1 have com mnuicated j idea of law, lawful. They declare 'it lo be
your letter," (the letter to which this refers, | lajiful for the minority lu resist the majorit}",
seems to have been dated the 'Jnd of Octo- 1 if the elt'cf t of the tyranny, as ihoy call it, fi-
ber; but it lias not been found) ** appears to erciscd ly the maioritv, were to drprive them
JVIr. Margarot and my^'olf to be a vt-rj' ex-
cellent measure ; and, as such, 1 could wish
of their imleu;a>ible civil rights; namely, a
share in the government of their countrv.
you, without delay, to communicate it offi- Unli iegisLuivc^and executive,
ciall^ to our society, without any ways men- | Tiie other instructions are, ** Secondly—
tioning that you had written to me privately.** I He is directed to support the opinion, that
•--I mentioned this letter before.— 1 now state representatives in parliament ought to be |Kud
it for the purpose of introducing the sending
delegates to the Scotdi Convention. — '* If, in
your official letter, you should require us to
by their constituents."
" Thirdly— Tliat the election of shetiii
might to be restored to the pcopku*
1249]
fur ttigk Tnasim.
A. D. ITdl.
[12S0
** Fourthly--^Tfaat juries ought to be chosen
by lot."
** Fifthly — ^That active means ought to
be used, to make every man acquainted
witli the rights and duties of a juryman."
« Sixlhlv— -That the liberty of the press
must at all events be supported ; and that the
publication of political tniths can never be
criminal/'
Now, gentlemen, you will observe that the
four last of these have no connexion whatever
with a parliamentary rctbrm. — ^The second
is only supporting the opinion, that represen-
tatives in parliament ought to be paid by
their constituents — an opinion formerly
adopted, and acted upon, in this country, but
long since abandoned, from a principle of po-
licy, which is obvious ; and the adoption of
that opinion bv the first constituent assembly
in France, led, perhaps, to all the mischief
that followed.
When persons talk of rational and lawful
means, you must of neccssitv understand
them to use those words in the sense, and
according to the construction which they
themselves put upcm the words. They say^
that their delegate should on no account de-
part from the principles of the society;
namely, the obtaining annual parliaments and i
tmivcrsal suffrage, by rational and lawful '
means — In the seventh instruction, they state j
what they conceive to be lawful means ; ;
namely, " Tliat it is the duty of the people to '•
resist any act of parliament repugnant to the
original principles of the constitution, as would <
be every attempt to prohibit associations fur {
the purpose of reform." — And therefore .
they considered, that any act of parliament, j
and consequently any authority whatever, j
however in the common estimation of man-
kind it might be deemed lawful, was to be
resisted by tliem, if it tended to prevent the
execution of their purpose ; and tliat, there-
fore, any means taken towards such resis-
tance, were means taken for the purpose
of obtaining annual parliaments, and uni-
Tersal sufl'ruge, by rational and lawful means.
It seems to me,therefore, that these articles
of instmction, upon the veiy face of them,
import a determination to resist the constitu-
ted, power and authority of the country, if a
resistance to this constituted power was neces-
sary to carry into execution their purpose of
obtaining annual parliaments, ana universal
auffrage, by rational and lawful means ; and
that they considered resistance to the power
of the constituted authorities, as lawful means
to effect that purpose. — And, if they consi-
dered rcsi.ttance as lawful means, it nrcessa-
rily abu follows, that they considered attack
as lawful rocans.-*For, if resistance is lawful,
an attack to supersede the necessity of resis-
tance, is also lawful. — Upon what principle is
attack in war lawful, but tliat resistance is
justifiable f And atUck is justifiable for the
purpose of superseding the necessity of that
resistance— -Therefore these instructions do
VOL XXIV.
most explicitly declare their resolution to
maintain the object which they had in view,
by what they call rational and lawful means ;
which they have sufficiently shown tq be such
acts as are in direct opposition to the consti-
tuted authority of the country, and, conse*
quently, acts of rebellion.
Gentlemen, when this again is compared
with the report of their committee of consti-
tution ; and when I h^vc shown that their
avowed principle is rebellion against every
government which is not constituted in the
manner in which they saj^ a government
ought to be constituted, it is impossible to
give any other constmction to these words,
** rational and lawful means," than that
which I have given ; namely, such means as,
by the exercise of their reason, unprejudiced,
they were taught to believe were lawful means ;
among which they included the right of the
minonty to resist even a vast majority of the
country, if that majority attempted to with-
hold from them those rights which they con-
sidered as indefeasible civil rights : namely, a
right to share in the vrkole of the government of
their country, as well executive as le^slative.
Gentlemen, tlie instructions winch are
given to the delegates of the Society for Con-
stitutional lufoimation, are couched, unque^
tionably, in much more cautious language.
They contain no such resolution wi(h respect
to resistance, as is contained in the resolutions
of the London Corresponding Society. — AtthA
same time you will recollect, what my learned
friend near me now siiggests to me, that all
that was done in the Scotch Convention, in
consequence of the instructions given to the
delegates of the London Corresponding So-
ciety, was afterwards fullv approved by the
Society for Constitutional Information; and
that one of tlie acts so done, was in direct
conformity to those instnictions (the seventh
instruction) ** That it is the duty of tlie peo-
ple to resist any act of parliament repugnant
to the original principles of the constitution,
as would be every attempt to prohibit asso-
ciations for the purpose of reform.''
Gentlemen, you will recollect that one of
the resolutious of this Scotch Convention
went directly upon the foundation of that ii>»
structioD ; going, indeed, considembly bcyondl
it; and when I am told tliat persons who
send delegates, are to be considered as giv-
ing to those delegates no other authority than
what they specifically gave them, I admit
that to a certain degree, tliat is true; but
then, the moment they know that these dele-
gates go l>eyond' their authority, they ought,
unquestionably, at least, to disavow them. —
But what has this (Constitutional Society
done? Instead of disavowing any procecdinjgs
of the British Convention, it has declared its
approbation of them all ; and the society has
considered itself as bound to give the most ef-
fectual support to the persons who cadie to
these resolutions.
Tlien what were the proceeding oC v^^-^^-
4 L
1253]
far High Treason.
A. D. 1794..
[1254
-Genlkmcn this assembler of delegates of
clubs, having proceeded in this manner,
thought proper, not only to call itself a Con-
vention, of the People — a British Convention of
the People, necessarily including the whole
island — but — ^The British convention, one
AVD INDIVISIBLE — and to date their transac-
tions, the first year of the British Convention,
One and Indivisible. What could this be
meant to express, but that they considered
themselves as the whole people of Great Bri-
tain, united, by delegation, m one common
cause, not to be separated — not to be divided,
until they had completely and eU'ectually car-
ried into execution those purposes which the
^veral delegates carried with them into this
assembly ? — What the purposes of Margarot
and Gerrald were, we have had clearly before
us upon evidence — What was the purpose of
Mr. Yorke, who, though a delegate from the
Constitutional Society, did not actually go, —
we may infer, from all that he did and said
elsewhere.— Now, tliat the whole is dis-
closed, and all its complex parts are put toge-
ther, it is clear that this very act was, in itself
an act of High treason— And I beg to say,
that the Attorney-General, in his place in the
House of Commons, on the question relative
to the trials in Scotland, declared, that as far
as he could then view it, seeing it imperfectly
as he did, he was inclined strongly to think,
that it ought to have been so construed. But
an act majr be an act of high treason, or an
act of sedition, merely, according to the de-
gree of evidence which may be produced
upon the subject Unless you can show,
what was the object of the parties, you mav
not be able to prove it to be an act of high
treason, although, in fact it was so.
W hat was the argument which Mr. Gibbs
pressed so much upon you ? He did not denv,
that the acts of nis client were extremely
blameable ; very seditious ; but they do not,
said be, amount to high treason. And why
did he assert, that they did not amount to
high treason ? ** Because the evidence, taken
together, docs not show that the prisoner had
conceived, within his mind, the guilty purpose
and intent of destroying the government of
the country, deposing the king, and establish-
ing a democratic government in its stead.''
In the prosecutions carried on in Scotland,
ajgainst the members of the British Conven-
tion, Marprot, Gerrald, Skirving, and the
rest, the full evidence was not possessed by
those who prosecuted ; they could not esta-
blish, by evidence, tliat degree of criminality
in the minds of the parties, which is essen-
tially necessary for the purpose of constitut-
ing the crime of high treason ; and, therefore,
no blame is upon that account imputable, as I
contend, to the courts in Scotland, supposing
the act to be high treason.
The courts there are accused of having been
over rigorous in their sentences. — If that
which has appeared in evidence here, had
appeared to theniy I tbinki according to tha
evidence which would then have been before
them, they must have considered the acts
as amounting to high treason; and it would
have been their duty to have taken care that
the persons, guilty of those acts, should hare
been prosecuted accordingly. But from the
evidence before them, the complete criminal
intent did not appear, and therefore they pro-
ceeded, according to the law of Scotland, for
the crime of sedition.
The question which was afterwards princi-
pally agitated, was, whether there existed, in
the law of Scotland, a distinct crime, denomi-
nated bv the law of Scotland, " Sedition,"*
wliich the law of England considers as a mere
misdemeanor, of dificrent degrees of heinous-
ness, till it amounts to the crime of high
treason. But if there did exist that distinc-
tion between treason and sedition, in the law
of Scotland (and sedition, in the ancient law
of England, seems to have been considered
as a distinct crime, in very remote times), and
if sedition in Scotland was capable of being
punished as such, a very severe punishment
must be the proper punishment tor a crime
which arose to that height, that the only
question which could possibly be made upon
it was, whether it did, or did not, amount to
the heinous crime of high treason.
Gentlemen, the resolutions and proceedings
of thb society in Scotland are very extraordi-
nary ; they begin with declaring themselves
the British Convention, and their several pro-
ceedings have been read to you, in which itap-
pears that they corresponded with the prisoner
at the bar, and with several other persons. It
also appears that they adopted several of the
most seditious proceedings which have been
had in this country, and that they had reports
made to them of the state of the societies in
England, as well as in Scotland, the object of
which was to justify their declaring them-
selves a convention of the people.
It appears in the proceedings of the 6th of
November, 1793, that one of the Edinburgh
delegates having moved that the London de-
legates should state the situation of their so-
cieties, citizen Margarot answered, *< that the
♦ I apprehend that this statement of the
question is not strictly correct. The doctrines
asserted by the counsel for the crown and
sanctioned by the hich court of iusticiary,
in the cases of MauriceMargarot andfthe other
members of the British Convention, respect-
ing the crime of sedition, have been much
canvassed and by many distinguished lawyers
impugned; the true grounds on which the
propriety of the decision of the court of justi-
ciary has been ouestioned, will be found in
the ingenious ana powerful arguments which
were delivered by the very learned and able
persons who disputed the relevancy of the in-
dictment in the case of Joseph Gerrald. See
the speeches of Mr. Gillies and Mr. Laing in
this Collection, vol.SS, ^^«^^*^IV^»
1255] 35 GEORGE III.
fiociettes in London were very numerous,
though somciuncs fluctiiating^in Bome parts
of England whole towns are reformers ; in
Shefi^cld and environs there are fifty thou-
sand,**— though it has been shown to you
that the society there never consisted of more
than six hundred. *' In Norwich there are
thirty societies in one. If,** said Marsarot,
** we could set a convention of England and
Scotland called, we might represent six or
seven hundred thousand males, which is a ma-
jftriif of all the adults in the kingdom, and
ministry would not dare to refuse us our
lights." It was in consequence of this re-
presentation that they thought fit to give
themselves the title which I have stated to
JOU.
Gentlemen, you will recollect that in their
proceedings they went to the extent of mak-
raga new union between England and Scot-
land ; an union which should perfectly re
move all boundaries of distinction betCveen
the two kingdoms. Whether that would or
would not be a wise thing, may certainly ad-
mit of a great deal of question; but there is a
contract existing between the two countries
upon the subject and the persons assembled
at this meeting, take upon themselves, as far
as their authonty goes, to break through that
contract, assuming a power of a most cxtra-
ordinar}' kind ; not only sovereign power, but
sovereign power tending to the destruction of
1^ solemn league between the two nations, at
one time septrate, distinct, and independent
fovereign powers.
They resolved to publish an address to the
public, and a committee was appointed to
'consider the means, and to draw up the out-
lines of a plan of general union and co-opera-
tion between the two nations in their general
pursuit of a thorough reform of parliament.
Trial of Thomas Hardy
[ffi
attended to them, when they were rai ^
which you must be convinced, thej had
view an establishment, upon principles ti
diflferent from those on which a meetiag
dele|;ates of societies, for the purpose cf 9
tainmg a reform in parliament, ought to hi
been &rmed.
You likewise recollect the pains th^tv
to enlighten the IIi£;hUinders of ScotbuL
is impossible not to consider the terms ibt
used fur this purpose as an incitement i
rectly, to the Highlanders to arm themnVe
You recollect the circumstance of apirfeRC
a Highlander, armed with his broid «on
and target ; and there are other circiutohace
of the same tendency, which are notsavb
mediately and distinctly in my memon.
There is also this resolotion:— "^tnit:
be recommended to the diflferent sodrti^
throughout the country, to copy the ftk e
Hights into their minute books, as the ;roa
of their proceedings, in order to prercslii
proper constructions upon their condttcL x
friends to reform." This recoDimeDfiile
seems to me to be precisely upon th»t piuc.
pie of deception which I have before Ai<ueei
There could be no purpo>e whaiew, to
which this resolution was to be imeneil i
their minute books, but to deceive— tu ui
out a peaceable and quiet rcfomiatiOQ.i4i>
they meant the revcrs>c. If thev ro.Ti|>
proved of the Bill of Rights, had 'it nuiW
universally derided in the books of «te
they had testified the strongest approbvicfir
in a work, in which it was called a bib <
wrongs, and treated with the utmost dis?f!f
and contempt? But it servefl extremrhft
for the purpose; not only to cover Ihip
cec<lini»s of the different societie«, fcoti
mislcacl those societies, and to teii Iba
that the Bill of Hights authorized the i
1257] for High Treasons
sec in court^-I wish he vas here— I mean^
mv learned friend who addressed you last,
with great force, with great energy, and cer-
tainly with a considerable degree of ability —
how he reconciles these resolutions, so left
in blank upon the minutes, witli the principle
upon whicn he stated this convention to have
acted.— He did not, indeed, distinctly state
this convention to have acted upon it; he
rather suggested the principle, and then en-
deavoured to slur the matter over, to pass it
by, asserting, that, whatever might oe im-
puted to this convention, it coula not affect
that which was to have been assembled, and
the prisoner had nothing to do with it.
Gentlemen, you will recollect the solemnity
with ivhich the transactions relative to these
resolutions were carried on ; that, " After an
excellent discussion of the question, pertinent
remarks and amendments, the convention
was resumed, and the whole, as amended,
being read over, the members stood upon
their feet, and passed the resolutions, unani-
mously, as follows.'' — You will recollect, like •
wise, that this was preceded, in the course of
the debate, by citizen Drown*s giving a history
of the Habeas Corpus Act, and therefore ap-
pearing to take an important part in the dis-
cussion of the question, Mr. Matthew Camp-
bell Brown, who was the delegate from Shef-
field, and who has been stated as the Editor
ofthcVatriot — ^I'hcre is a blank in the mi-
jiutes, for these resolutions; and then the
minutes import, that, *' After the said resolu-
tion, agreed to, and solemnly approved of, as
above, citizen Oerrald, in an energetic and ani-
mated speech, addressed the meeting, and ex-
pressed his happiness at the motion passed,
and exposed the act of the Irish parliament,
called a Convention Bill; and citizen Brown
followed him, in a manly speech, and proved
the influence of the executive government
over the parliament ;" — and then — Citizen
jMargarut read and pru(H)sed a motion : —
•* That a Secret Committee of three, with the
secretary, be ap|H)inted to determine the
place where such Convention of Kmergency
shall meet ; that such place shall remain a
secret with them, and with the secretary of
this convention ; and that each delegate shall,
at the breaking up of the present session, be
entrusted with a sealed letter, containing the
name of the place of meeting; that this
letter shall be delivered, uno])cnra, to his con-
stituents, the receipt of which shall be ac-
knowledi^cil by a letter to tlie secretary — pre-
serye<l in the same state, until the period shall
arrive, at which it shall be deemed necessary
lor the delegates to set off."
Thesti rtsolutiont, and a declaration accom-
panying tlicm, lor which a blank was left in
the minutes, and which were not to be in-
serted till after tlic end of dieir proceedings,
were in the following words: *' Resolved, that
the following declarations and resolutions be
inwrted at the end of our minutet :** ** That
this coDventioo, contideriDg the calamitous
A. D, 1794.
[1258
con«equcncc8 of any act of the legislature,
which may tend to deprive the whole, or any
part of the people, of tneir undoubted right to
meet, either by themselves, or by delegation,
to discuss any matter relative to their common
interest, whether of a public or private nature,
and holding the same to be totally inconsis-
tent with the first principles and safety of
society, and also subversive of our known
and acknowledged Constitutional Liberties, do
hereby declare, before Cod and the World ;"
— which, you recollect, is the solemn manner
in whicii an oath is taken, in Scotland, by
persons of a particular description—" that wV
shall follow the wholesome example of former
times, by paying no regard to any act which
shall militate against the constitution of our
country, and sliall continue to assemble and
consider of the best means by which we can
accomplish a real representation of the people,
and annual election, until compelled to desist
by superior force."
Gentlemen, what is this but a declaration,
that they would resist force by force; that
they would resist, unquestionably, inferior
force; and that it should be superior force only,
that should compel them to desist : — " And
we do resolve, that the first notirc given for
the iiitroiluction of a Convention Bill, or any
bill of a similar tendency to that passed in
Ireland, in the last session of their parliament,
or any bill for the suspension of the Habeas
Corpus Act." — So that now they would have
been in actual rebellion, as the bill for the
suspension of the Habeas Corpus Act did pass;
— " or the act for preventing wrongous im-
prisonment, and agamst undue delays in trials,
m North Britain; or in case of an invasion,
or the admission of any fureicn troops what-
soever, into Great Britain or Ireland ; all, or
any of these calamitous circumstances, snail
be a signal to the several delegates to repair
to such place as the Secret Commitiee of this
convention shall appoint." Throughout all
their proceedings you find a Secret Committee,
There is no one of the proceedings of any of
these societies which you have had before you,
in which you have not found a Secret Commii~
tec ; that is, a few persons, who keep secret
from the rest all the important proceedings,
and guide and direct the whole. The forma-
tion of a Secret Committee being, necessarily,
the formation of a thing which they conceive
would not bear the o^^en li»htof day, and |)ar-
ticularly wnuld not bear the eye of the exist-
ing government of the country, bound to keep
and support the peace of the country, ; — '' and
the first seven members shall have power to
declare the sittings permanent, and twenty-
one shall constitute a convention, and pro-
ceed to business.'*
What is this but a declaration, that, if they
were compelled by superior force, to discon-
tinue their meetings at Kdinburgh, where they
were then sitting, they would not, therefore,
cease to be a convention of the ^eo^Vs.^ VnX
that they w<ro\A i«\fux \m\»fc^i»N^'^ xa ^ai^
1961]
J6r High Treason.
A. D. 1794.
[1S63
to the admission of foreign troops ; a report
having been very inilustriously circulated of
an intention to bring over a great number of
foreign troops into this country.
But they declare also, that this convention
shall meet as a Convention of Emergency in
another event ; that is, in case of mvasion.
I am sure I recollect the letter having been
read which informed Hardy of the secret re-
solutions, because 1 recollect that the words
•* in case of an invasion" are omitted in that
letter. But Margarot states in that letter
that the convention has done that which he
docs not think it safe to communicate by let-
ter :— " The convention proceed with great
spirit ; we sit daily ; and last week we came
to a resolution which we fancy will give plea-
sure to every friend to reform. As the mi-
nutes arc to be printed, we will at present
only give you the heads of it; viz. — ^That
.should any attempt be made by government
for the suspension of the Habeas C'orpus bill,
the introduction of a convention bill, or the
landing of foreign troops in Great Britain or
Ireland, the delegates are immediately to as-
semble in convention at a certain place (the
appointment of which is left with a secret
committee) ; that when seven delegates shall
be thus assembled thev shall declare them-
selves permanent, and when their number
amounts to twenty-one they shall proceed to
business, 'rhus, you see, we are providing
against vchat may happen** This is a letter
written to Mr. Hardy himself. " Thus you
ue, we are providing against what may hap-
pen,** Then the letter proceeds to state—
** Letters convey but very imperfectly, and
trith no great degree of safety, what we might
wish to inform each other of." And in a sub-
sequent letter of the 8lh of December, 1793,
iron will find he says — " Not daring any
onger to tnist to the post, we send you all
these papers in a parcel ;" what papers these
were does not appear. " You will be so good
as to make us acquainted with their safe ar-
rival. Gcrrald wishes to get to London as
soon as possible: he will communicate that
which cannot so fully be expressed by letter.
You may consider this as a private letter ;
but you may read such parts of it as you think
proper to any member of the society, especi-
ally where it may be uroductive of good."
Then here are resolutions come to which
the}' are afraid to enter on the minutes of
their proceedings ; which they are afraid to
communicate entire in their correspondence
between carli other ; which they leave, there-
fore, to be commimicalcd by word of mouth
by one of the prirties present : and even the
very letter, thus cautiously written, is written
to Mr. Hardy as a private letter, of which he
fnit;ht communicate such parts an he might
think proper tc» any member of the society,
leaving to him the selection of the matter,
and the parts he might so communicate;
-perhaps, according to th« degree of fervor in
the public cauac he might conceive a particu-
lar member to have, and the particular confix
dence he might have in the discretion of that
member ; and this is to be especially where
it may be productive of good ; showing most
clearly by this that the prisoner was the active
means by which the whole of this conspiracy
was to be carried on ; the person with whom
Margarot (who was then acting as agent of
the society at Edinburgh) was to correspond^
in whose discretion he was wholly to confide,
and who was to communicate to the other
members such parts only of this correspond-
ence— mutilated as it is, from the fear of dan-
ger that may attend a communication by letter
— ^to communicate such parts of it only as he
thought proper.
Gentlemen, I stated that it was my inten-
tion to advert to that part of the minutes
which followed the blank where these resolu-
tions ought to have been entered, if they had
been entered according to the daily and the
ordinary course of their proceedings. After
stating the solemn manner in which these re-
solutions were passed — the very solemnity
with which they were passed showing the
importance which those persons attached to
them, and the omission of the word invasion
in the communication still more strongly
showing the importance which they attached
to that particular word—" Citizen Margarot
read ana proposed the following motioo-*
" that a secret committee of three with thcf
secretary be appointed to determine the place
where such convention of emergency shall
meet ; that such place shall remain a secret
with them and with the secretary of this con-
vention ; and that each delegate shall, at the
breaking up of the present session, be en-
trusted with a sealed letter containing the
name of the place of meeting — ^that this letter
shall be delivered unopened to his constitu-
ents, the receipt of which shall be acknow-
ledged by a letter to the secretary— preserved
in the same state until the period shall arrive
at which it shall be deemed necessary for the
delegates to set off/' So that the place of
meeting of this convention was not only to be
determined upon by a secret committee of
three (a very small number), but they also
resolved that it should remain secret with
them and the secretary ; and that at the
breaking up of the then present session (if
during the session it should be necessary to
make use of this committee of emergency at
a secret place) each member should carry
with him, in a sealed letter, the name of the
place of meeting ; that this should be delivered
unopened to his constituents; that the re-
ceipt should be acknowledged by a letter to
the secretary; and that the sealed letter
should remain in the same state till the period
should arrive at which it should be deemed
necessary for the delegates to set oflf. So it
was not to be known to any one member of
the society, except the secret committee and
their secretary, where that place was to be.
NoW| gentlemen, have such \{C(K«^vQsg^*«a"
sent, praying that that reform m
^ ecUonuf'^enresclltalive^migUl becarrieil
rexecutiou wnicli they pretendetl they had
proposed upun thr wild pbn, us I venture to
call it» of ttie tlukc of Kkhmond« or any other
spectiic plan ihey mishi think proper to
mdopt ; if llie objttct uf their meeting was ;my
thing beyond that, il was impossibFe for htm
to jufttit}' it, though he ^huid<l nut admit it to
receive nil the attributes which wv ha%'o
given it.
Tlie mniutes of this dav*5 sitting refer to ^i
proceedmg which, I llunlc^ distiucU^ h^id in
view that which afterwards appears in other
ports ot the proceedings — the support iog a
convention by force. It is idle to say that a
convention ot this kiod could have any eflfcci
whatever unless supported by force; and
tlierefure it is not necessaiy to show you that
ftny proceedings had taken place for the pur-
pose; for when it U of necessity that in order
to carry the thing into execution it should be
supported by force, it is not necessary to show
you that proceedings had been had for the
purpose of creating that force. If persons
fomi a plan (such as was fabricated for the
l)iahop of Rochester, and several persons of
high rank) to bring in the Pretender — If that
had been a real paper signed with the names
of thobiic persons who it was supposed had
signed il ^it turned out to be a wicked con-
trivance ot two vilianous men); but if it had
been a real paper, it would have been an act
of high treason, though they had procured no
jorce* But the moment they put their hands
to that paper, which demonstrated their inten-
tion to cons^pire to overturn the governiuent
af the country ; demoDstrating that intentioD
merit/
uf
obi-. . .-
upon that cj.
there was no
nature in liOnduu^
sand people in r
It was accor^i
lee should r ti
corrt^ pendente to ^i%^ ^„
genre ot what passed in p4U
Geaileinen, you will n
committee so referred to^ wi
mittcc of the Loudon Corre
which Secret Cofomittec <
lution converted into ^ - - —*
lion for the Bnlisli Ci^i
po&e of givine; iafon
which should pass i:
London, upon thid ^ L ^
shows the connexion aod ''di
very convention upon tlv>
ponding Society, to the hnm
videlicet, the Secret ComoitU
directed that Secret Commtt
that the whole was really^ a
operation of tho«>e sodicties
tliat the proceedings at Bd
proceedings of persons whc
as the puppets of those In L*
Vou will recollect the wm
Highlanders were to be
representations to them o|
aggravated and false iu th
You will hkewisc recolJec^
the proceediDgd of tliis oq|
1S6S]
Jbr High Treason*
A. D. 1794.
[19B0
1798, the tenth day's sitting, and the order of
the day was moved upon "^it. Now this is a
meeting which mv learned friends would
attempt to persuade you was solely for the
purpose of petitioning parliament, and one of
the first things they do is, to move the order
of the day upon a motion for petitioning par-
liament.
You recollect, Mntlemcn, the manner in
which they treatea distinctions of rank in the
case of lord Daer — in the use of the word
gentleman — the insipidity of the term gentle-
man, and fhc propriety of the term citizen —
and a thousand other* circumstances, which
show throughout the principles which the
mcmhcrs oflliis convention meant to adopt,
and to carry into eftect as far as they could.
You will recollect what Mr. Skirving said in
the course of the proceedings. Upon a
motion that was made he insisted *' that it
was proper on all occasions to take the opinion
of the primary societies, and he considered
the convention as only a committee of the
"ptoplc.:* So that Mr. Skirving, in the very
proceedings of this convention, was acting
upon the grand principles of all those rights
of man — that every Ibrni of government to be
established among them was to be considered
only as a committee of the people, and that the
sense of the people was to be taken upon all
occa'ion«. Princijiles which the French
natinnul assembhes have constantly found it
impo.-sible to carry into execution ; and you
must pinti'-ularly recollect that they refused
to currv them into execution upon the must
important subject wiiich could come before
them, namely, Mjc death of their king. For
when M)mn of the loading members — some of
the most <"nli?hlcnrd -probably wilh a view
of raving ihi; kini:, wished to refer the consi-
deration of tira question to the primary
ts«enih!i("> in diftei<*nt parts of the country, it
was iu'«r:i lived, on the ground of the impossi
bility of c.irrx ing it inlo real and efl'cctuul
cxerulifiii; ai:'l because, if it could have been
carried eflWluiiiy into execution, it must
have tendeil to destroy the Convention it-
self.
Gentlomrn. you will rcrfjllect likewise, in
thecour<»('of iii^drbatr which took place upon
what tlif ten • ! ilic unprecedented infrince-
inenl off ■■ nv of thr ]iro<s, and the arbi-
trary sent^mce of jiidnc Wilson appainst Mr.
Holt Mr. .liisiuc Wilson bcinj :i man
whom all Iho-e who arc of the shjuc ]»rofes-
sion must re ic iuIut with deep regret and
conrrrn. uiid uni«»l :u:knowlctli;e that he was
erne of the wort hic'>t and ihr most upright men
that fvcr gratcl the bench Genllcuicn,
in lakiui; notice of these things, which they
con'^ir'ei a* abusr>, .Mr. Margaret obsfrves —
" It is uimrre«'siiTy to attempt to lop off the
branchr-^ while wt-are endeavouring to "
and iherr is a bl;ink. — Kndoavouriiigto whalf
Huw «an \ou fill up that blank ?— " It is un-
Decessaiy to attempt to lop off the branches
while wc arc endeavouring to cut down the
VOL. XXIV.
tree." You cannot fill up the blank in any
other way.
Gentlemen, I might go through the whqle
of the minutes of the proceedings of this con-
vention ; there are several other passages
which equally merit attention; and it is evident
that throughout the whole of their proceed-
ings they contemplated the idea of acting by
force of their own authority, supported by the
force of so many of the people at large as they
could prevail upon to sustain their measures ;
that they looked to the attainment of their
objects by those means; and probably also by
the assistance of that foreign power which the
two societies in Ix)ndon, the Constitutional
Society, and the London Corresponding So-
ciety, had, in the latter end of the year 1792,
clearly invoked — by means, probably* of the
assistance of that power, for you cannot give
any other interpretation to the words, "< In the
case of an invasion.'* They clearly looked to
the attainment of their ends either by their
own force alone, or by that force assisteil by
such foreign force.
This convention being dispersed by the su-
perior force of the constituted government,
after that resistance which the members of
the convention thought proper to give, and
which necessarily was only a formal resist-
ance, because they had not prepared measures
for any more effectual resistance — what was
done f — ^A meetinjg upon this was held, and a
variety of proccedmgs took place, in London,
all tending to assemble another convention,
expressly declaring, thai in consequence of the
dispersion of the" British Convention, they
were determined to assemble another. For
the proceedings had not arrived at that ripe-
ness which could enable them to carry intoex^
ecution, t|ie plan of that convention of emer-
gency, which they had suggested in the mi-
nutes of the convention in Scotland, because
that could not have been completely carried
into effect with respect to England, unless
they had had a greater proportion of delegates
from Kngland, than they actually had. Finding
tiiat impracticable, they turned their minds to
the assembling another British Convention in
FngUnd, and they opeidy avowed their inten-
tion of a.ssembling that convention in Kn^i.ind.
Gentlemen, the first proceedings which
seem to have been directly taken for that
purpose were the resolutions of the Constitu-
tional Society, on the 17 lb of January 1794 ;
liut previous to that time a letter w:is written
by the prisoner, on the lOlh of January, to
Mr. Adams, the Secretary of the Constitu-
tional Society, merely informing him of the
anniversary dinner of the [x>ndon Corres-
ponding Society, intended on the '.20th of Ja-
nuary, "i7*>k I mention that circumstance,
because it drew both the *jjcieties together in
the transactions of that day. There was no
reason for giving the Constitutional Society
any notice of that anniversurv dinner, unless
for the purpose of enabling tlicm to attend ic
i f they t hough t p roper.
4 M
' ctwta ft leuer iroin euizea margiiroi, &i sahh-
burgh, with some of the Edioburgh Gazel-
tecrs,'* (ymi observe this is a day afUr Ihe
Idler he wrote lo Adams, infoiming him of
the anniversary dinner, of the SOlfi of Ja-
nuary) ** whrre you will see that cilizeKi
Skirving is found guilty, apd sentenced for
fourteen ycar^ transportation to Botany Bay.
JMargarot's trial comes on next. He meets it
v/ith great firmness and resolution. I have
uo time to make comments on the proceed-
ings; but I think our opponents are cutting
their own throats as fast as ihey can. Now
is the lime for us to do something worthy of
iijcn," Why was it the time for them lo do
something worthy of men? — " The brave dc*
fenders of liberty. South of the English Chan-
nel, are performing wonders: driumg their
enemies before themj like chaff before the
whirlwind."
What wa? in the mind of Mr, Hardy when
he wrote that letter? What could he in his
mind, hut that persuasion which we see gene-
rally diffused throughout all their proceecuugs,
lliftt the success of the French republic, was
intimately connected with the success of
their own schemes ; that they were all em-
barked in one common cause — that their
hope and reliance was not upon a majority of
the people of this country — fori think even
the report of the comraittee of constitution
shows, that they had no hope of obtainirig
that majority, but that they did hope tliey
should ol)lain so large a party, that, with the
success of the French republic, they should be
able finally to accomplish their ohject^ — at
least ibey thought that that was the time to
strike. ** Now is the time for us to do some-
thing worthy of men— the brave defenders of
ghtpii
tn he 1
tion of the revenue
jecl which he thought
the person lo whutn
uol simply for the purpose
to families^ Imt as it viould
of (be country^ and ther«;fG
afi'cct those persons uhorc
his enemies, the coostitu
the country , It is a iri
but trifling circutnst^Lnccs
are the natural overfluv^ioi
show the temper of that m
he writes when he U undc
strain I.
Gentlemen, I shall ni
some I' ' s of the Sc
tiomil I oo, OD till
1794, *i[njii wiuch, as I re
lion has been made by el
counsel, aud which no warn
tutional Society has been (
*' Resolved, thai law .
jecl of obedience, \rhen«
strumenl of oppression,*^
•* Resolved, tlial we
the deepest saUsfaction,'.
the infamous Jelferic*, om
of England, who at the en
volution, for the many ii
which he had passed, wn^
brave and injured pc< '
** Resolved, that
example, deserve his uie.
Gentlemen, wtica thes
considered with reference
low^, what is the meantn
iocilement to tlie people .a
see it has refereDce to ihd
a
1269] for High Treofn.
persons in Scotland, was not only not btamea-
ble, but a conduct which entitled them to the
approbation of all wise and the support of all
irave men. The epithet, brave, is pretty
Btrikine. A peaceable and constitutional sup-
port Ota roan, does not require much bravery;
out a support by force, may require bravery —
when therefore the approbate. ii of all wise,
and the support of all bravt men, is called for,
one may easily ^css what it is that the per-
sons who enter mto those resolutions mean.
They add,
" Resolved, that we see with regret, but
see without fear, that the period is fast ap- !
proaching, when the lil>erties of Britons must j
depend, not upon reason, to which they have
long appealed, nor on their oowers of express- i
in^ it, but on their firm, ana undaunted rej^o-
iution to oppose tyranny, by the same means |
by which it is exercised.*' What is that but
an explicit declaration, that the time was fast
approaching, when they conceived, that it
would be necessary to exert force? Whether
according to their ideas, force had become
necessary or not, you cannot determine. It
never can be an object of determination for a
jur^r, or for any court of justice, whether the
subjects of a government, are entitled to rise
in rebellion against that government, in con-
sequence of any conduct of that government
It is a question, which whenever it does arise,
can be decided only by the sword. It never
can come into discussion in a eourt of justice,
llierefore, if the conduct of the government
of the country has been ever so oppressive, a
court of justice cannot permit itself to dis-
cuss, whether that occasion has arisen, which
amounts to the dissolution of all government,
and when therefore it can itself nave no au-
thority to act — ^This resolution follows.
" Resolved, that wc approve of tlie conduct
of the British Convention, who though assail-
led by force, have not been answered by argu-
ment, and who, unlike the members of a cer-
tain assembly, have no inteiest distinct from
the common body of the people.'* A resolu-
tion, which not only adopts all the proceed-
ings of that convention, and all their conduct
but particularly and distinctly adopts that
part of their conduct, in which they declared
themselves a Convention ofihe People, and de-
clared that they meant by that declaration,
that they were representatives of the common
body of the people.
Tne last resolution is, " That a copy of the
above resolutions l>e transmitted to citizen
William Skirving, ucrctary to the British
Convention, who is now imprisoned, under
colour of law, in theTolbooth of Edinburgh."
Gentlemen, this led to the proceedings of
theQOth of January, 1 794, at the Globe tavern,
and these proceedings are extremely strong—
vou recollect that these proceeding's appear to
have been wholly a concerted business; that
they were nothine like the alcts of Uie persons
who met there, but that they were proceed-
iDgt prerionsly determined upon. Mr. Thel-
A. D. 1794.
[1270
wall, seems to have had a principal hand in
preparing the account of the proceedings,
which was printed and distributed ; and he
delivered it to Davidson the printer, to be
printed on the 18th of January— Gentlemen,
this account of the proceedings, begins thus,
" At a general meeting of the London Corres-
ponding Society held at the Globe tavern, in the
Strand, on Monday, the 20th day of January,
1 794,citizen John Martin in the chair— The fol-
lowing address to the people of Great Britain,
and Ireland, was read and agreed to." So
that you see, gentlemen, they are deter-
mined to proceed with a sort of caution, which
had not been observed in the proceedings of
the Convention at Kdinburgh, in prepuring
the minds of the people by a previous addresii
for the meeting of an assembly, which should
assume the character of a convention of the
people. This you will recollect was an idea
which clearly had occurred to some persons
who were concerned in the conspiracy, par-
ticularly to Mr. Yorke ; and which he com-
municated in conversations which have been
stated to you in evidence.
This address, speaking of the abuses which,
are supposed to exist in the British .govern-
ment, and speaking of the laws of the country
says—" We are every day told, by those per-
sons who are interested in supporting the
conmption list, and an innumerable host of
sinecure placemen, that the constitution of
England is the perfection of human wisdom ;
that our laws (we should rather say, their laws)
are the perfection of justice ;" — and then they
proceed to speak of the administration of the
country — ^They then state a number of pro-
ceedings which they think proper to find fault
with — The convention bill in Ii eland — the
proceedings in Scotland — and they add — '* In
Scotland, the wicked hand of power has been
impudently exerted, without even the wretch-
ed formality of an act of parliament," — hav-
ing before adverted to the act of parliament
which had been passed in Ireland ** magis-
trates have forcibly intruded into the oeaceful
and lawful meetings of freemen, and, oy force
(not only without Taw, but against law) hav^
under colour of magisterial office interrupted
their deliberations, and prevented their asso-
ciation;*'—A declaration that they conceived
the dispersion of that Convention at Edin-
burgh was an illegal act— Then they add— -
•* The wisdom ana good conduct of the Bri-
tish Convention at Edinburgh, has been such
as to defy their bitterest enemies to name the
law which they have broken ; notwithstand-
ing which, their papers have been seized, and
made use of as evidence against them ; and
many virtuous and meritorious individuals^
have been, as cnielly as unjustly, for their
virtuous actions, disgraced and destroyed, by.
infamous and illegal sentences of transporta-
tion ; and these unjust and wicked judgments
have been executed with a rancour and ma-
lignity never before known ia l\a» NwA. ^^a
127S]
Jhr High Treiuon.
A. D. 1794.
[1274
rie^ of pubHcatioDS, origixuitiDg all from thftt
address of the Gthof August, 1702, aod which
shows, that the leading men in these pro-
ceedings liad the same tiling in view, at least
from that period.—** You may ask, perhaps,
by what meant shall we seek redress f — We an-
swer, that men in a stale of civilized society,
are bound to seek redress of their grievances
from the laws, as long as apy redress can be
obtained by tlie laws ; but our common mas-
ter, whom we serve (whose law is a law of
liberty, and whose service is perfect freedom)
has taught us not to expect to sather grapes
jfrom thorns, nor figs from thistles — Ws
MUST HAVE REDRESS FROM OUR OWN L4WSy
AND NOT FROM THE LAWS OF OUR PLUNDERERS^
SNEMIES, AVD OPPRESSORS/'
Translate this into plain words, conveying
a plain meaning;— What is it but this — Vou
osK by what means shall we seek redress ? —
Wc answer, that men in a state of civilized
bociety, arc bound to seek redress for griev-
ances by law, as long as any redress can be
obtained by law; but, when all laws are
violated, then that compact by which civilized
society is kept together, is dissolved, and we
have a right to act for ourselves — ^That is the
clear interpretation of the first part — ^They
add, *' But how can we expect to gather
grapes from thorns, or figs from thistles." —
what do they mean by thorns and thistles ?
Why the king and the parliament — ^They as-
j&ert that they could not expect any redress
from tl)eni, or at least from the parliament,
because tliey could not expect to gather grapes
from thorns, nor figs from thistles. — " We
must have redress, therefore," they say,
** from our oxn lawSy and not from the laws ojf
our plunderers, enemies^ and oppressors'^-
What does tliis mean, but that they must
have redress from a Convention of the Peo-
ple ; for this is an address to the people.'-^
•* H V' therefore, must mean ** the people,**
and '* our own laws," must mean '* the laws of
the people.^' — Wt, the people^ must have re-
dress from our ou-h laws, and not from the
laws of our plunderers, enemies, and op-
pressors— cliamcterizing, by those terms, the
constituted authorities of the country. — And
they add, *' There is no redress for a nation
i:ircumslanc*^d as we at-e, but in a fair^ fr^i
and full representation of the people.**
Gentlemen, these are declarations clear
and plain. My learned friend called upon
)is to show clear aud plain declarations. Can
any thing be more clear and more plain?
ilcrc is nu caution used — tliey had now de-
termined to lay aside all caution — and you
will observe, that my learnc<l frtenils did not
attempt to say one single word in explanation
of any part of this transaction. — The fair, the
free, and full representation of the people,
which they describe, has been so over and
over again exuiained, in their own miblica-
tioDS, and in their resolutioos tod addresses;
in the report of their comipittee of constitii-
lion, gild elMwbfve -, tb$l it it utterly uan^
cessary for me to go over that ground agam,
but merely to observe, that, by a fair, fiee,
and full representation of the people, they
clearly and unquestionably mean, on all oc-
casiogs, a perfect representation of the peo-
ple, as ihcy sometimes style it ; namely, a
renresentation of the people, in an assembly
which should act as a National Convention^
like the National Convention of France, by
means of which, every citizen should have
the right of sharing in the government of tke
country, legislative and executive.— Then,
here, eentJemen, they have clearly and
openly declared their resolution to have such
a convention of the people, and to create a
republic upon the principles of the Rights of
Man.
Now, gentlemen, if a man had proclaimed,
in thb country, the pretender, and thereby
declared his intention to establish upon the
throne of this country, that family which has
been driven from it, mstcad of that which has
since been placed upon the throne, no num
would have entertained the slicrhtest doubt,
that the mere act of proclaimmg the pre-
tender, would have been treason; and my
learned friends will recollect, that, in the
course of the tria) of Mr. Layer, the very
case is supposed by the counsel for the crown.
They say, in answer to an objection with re-
spect to evidence, " Suppose a man shouM
have proclaimed the pretender, and then havo
gone away, and the proclamation could not
be found, what would be the effect of that ?
Could not you give, in evidence, the contents
of that proclamation?"—" Yes,*' says Mr;
Hungerford, the counsel for the pritoner, and
who was no way a friend to that government,
" the very act of doing that, would be, in it*
self, an overt act of high treason."
Then, if proclaiming the pretender is an
overt aot of high treason, is tiiere any dif-
ference between proclaiming the pretender,
and proclaiming a republican government?
And this is a proclamation for a republican
government.— I do not mean to say, that all
the consequences were immediately to follow ;
that the kmg of the country was to he con-
sidered, as from that moment, deposedw««
This appears to be rather a proclamation that
there shall be such a government ; not that
it shall instantly take place, but that it tkall
be established, und that they will ttke steps
for the purpose. — And you will remember,
that, in the ca^e of treason, a plan once
formed, and steps taken in pursuance of it, is
sufficient to constitute treason ; and it is not
necessary that the steps should be effectual
for the purpose.
Then they come to the following resolu-
tion:
** Resolved, That during the ensuing eet*
sion of parliirtnent, the general cummitlet of
this society do meet daily, fur the purpose of
watching the proceedings of the |ni linnet,
md of the ndrainistration of the j
of tbif country."— Thi^iaA.^iDit^
ieiies *or C onstitutionai Infor
nmtbn ; or any olber innovation of a similar
fi&lure. That J on any of (hf»e tmrrgeneia"
— words which leave ao opening furalmo&t
any thing — Fh at, on any of these eraer-
^Dde», the ecncnil cumfnittee shall issue
summonses to the dcleg^jites of each division,
And mlso to the secretaries of the diiiercnt so-
cieties affiliated and corresponding with this
dociely, forthwith to eali a grnenil convention
of the people, to be held at such |»bcc» and in
5uch manner, as simll be st^eci^ed in the
summons for the purmife of tAtng such mea-'
«ires into their considemtion."
Genilcmen, you will recollect, that Just at
this time the society for Constitutional In-
/ormatton (who wctc always acting in their
way in support of the measurps first adopted
by the London CVirresponding Society) thought
jiroper to elect Barri?re, St Andre, and Ro-
land, honorary members of their society;
declarmg, tiiat they considered those men as
** the roost enUi^hlenetl friends of Freedom** —
** judicious/* 1 think, Lhey likewise call them.
Gentiemen, the mere election of these per*
hons to be members of their society is, in
some degree, adopting their principles ; but
when in the very act of election they decbre
that they so elect them because of their prm*
ciplcs^ — when men elect a person into a sitim-
tioD hcausc they consider him as one of the
most Judiciout and cnliehtcncd friends of Fret-
cfo/»— when upon a politicHl subject, lacy de-
clare tijcy consider the principles of that man
|o be those of a judicious and enlightened
man ; the^ rcjdiy transfiir alt declared and
avowed principles (Voni the person so efected
to their own society^ and make them in cfleci
Calling the at'
speeches, which i- iiju^i 1
snows the intent with wk
were proceeding ; and l^
sembled a general conv^
nipposing that convcntic
by the other parts of IheJ
have considered the pe<»f
interposed their power to
inviolabditj. For the »i»
lion of the people^ aclir
ported by the power of
necessity have been an]
people against the eiistil
if the people in i;^
tern of Barr^rc Ij^
and adapted i/te r
would have fornn n
royid inviolabiht>, „i,., ^\[
which are stated in this
must have followed.
The speech proceeds to i
appeal should be made to
says — "The people are I
convention is a perfect
sovereign ; the member
assembly acted in Aug
pies in summoning the ^
clare that tliey saw but
could save France, oamef
to the Hjprerae will of the"^
vite the people to ejrr ,
unalienable right of
constitution had ackuo.^Jt..
could not subject to any re%
says—** The public interesl
people should manifest tlj
WT]
Jlir High Trtason.
A.D. 1794.
[1278
i
ym^h M an t«^mUly of tlie nature staled in
tt ^ , and upon wbich i have
2 meeting of the coramitlee
> riuary^ it was resolved, that
tL. ^..a.i . vj, ,,i,rt. at the anniversary' dinner of |
the society t^houJd be printed at the end uf the i
address, TJi^^i*' tnrmu t* stifv thrir approLa- i
lion of" tin inburgh" i
— K>f**Skirv I nccofthe 1
Ci>url of Justiciary with ihe honour of being |
the cause of culling that convention'* — uf
** the Luucjon Correiponding Society, and the
several other societies" — and then of *♦ their
condemned delegate^.*' Then there is the
following tuast — *' Success to the arms of
trctdcnn against whomsoever directed^ and
t: on fug ion to de&pols with whomsoever allied/'
These words, though they do admit of another
interpretation, yet are in themselves general;
and, con^dcrlng the complexion of the whole
of this transaction, they apply most directly
to that which was the obyect of the meetings
Jttamely, the establishment, by force* of a con-
vention of the people, for t^ic purpose of
effecting, as they conceived, their own free-
dom ; a measure to which^ it is perfectly
clear, under certain circumstances, they meant
to have recourse. There is another toasi
which 1ms u degree of ridicule in it, but you
* ill sec clciirly what was meant, Mr, Barlow
had said in his letter to the French Convention,
that it had been completely shown that a king
9f<n good far nothint^. One of their toasts ia —
*• all that i* giiod in every constitution, and
may we never he aup^r.fii'H^ enough to re*
vf»euce in any (hut n i for nothing.'*
Now the words " sui _ i> enough to re*
vcrence in any that which is good for no-
thing," carry the allusion so directly to that
letter of Barlow, and the works of Paine, in
which the respect of the people of this coun-
try for monarchy has been treated as a super-
atitiou» reverence, that it is impossible to
4«>ubt what the**e persons meant when they
gave that toilet. And here I may observe,
that in many of the Stale Trials you will find
that toasts drimk at meetings of persons en-
gaged in %urti iraii**action» have always been
considered ds iniportant evidence of the minds
<jf i!ji' i.rr M'kN s<. ni(>t ; because, such toasts
■ t'sb purpose of animating
t' ; il to the acts in viewf
because, \hry Are given for tbo purpose of
taking adviititiigc of the z^]c\s ot cnnvivial
houTs when thr ,)nd
liahlf* to surti t lie
tl'
hau , ,
tain
kowf
thmg
tdam -
iround forassc:
r«vvke<l to
'>. by
hey
oer-
on.
On Ihfc 57th of March the prt«oner wroU
letter to the Constitutional Society, in whii
he stated — " I am directed by the Londoi
Core- :» ^ Society to transmit the follow-
ing ! - to the i?ociety for Constiti
tioual x..Mi.iu.ition, and to request the sentl
lacnts of that society respecting the jmportaii|(
measures which the preseut juncture ol alfai:
seems to require. The London Corrcspoudi
Society conceives that the moment is arriti
when a full and explicit declaration is nece
sary from all the friends of freedom." Ther<
fore this letter of the prisoner declares, th
that moment tj^cu arrited which is alluded to i
the preceding resolutions of ihe 20th
January ; and then he adds—*' the Society fc
Constitutional Information is therefore r
quired to determine whether or no they wi
be ready when called upon to act in conjun
tion with this and other societies to obtain
fair representation of the people; whcthi
they concur with us in seeing the necessity
a speedy convention, for the purpose of ol
tainiug, in a constitutional and leg^l manner,
a redress of those gricvajices under which wi
at present labour, and which can only be
efiectually removed by a full ajid fair re pre-
sentation of the people of Great Bntain
The London Corrcspondiug Society cannot
but remind their friends, that the preseal
crisis demands all the prudence, unaniinit|'j
and vigour that ever may or can be exerted ~
men and Britons; nor do they doubt but
manly firmness and consistency will finally^
and they believe shortly, tenninatc in the full
accomplishment of all their wishes/'
Gentlemen, heic is a full declaration in tliis
letter, written by the priaooer at the bar, tlial
he looked forward to the actual accomplis'
raent of all hit wUhei. What those wisbi
were has been already fully and sulficientl;
declared, They were— to establish in llii
countrj'ii ' nimenl, found
upon the I iitsofmau
annihlltttion ol uuiUircliy— the annihilation
of what he calls aristocracy — the annihilation
of all ranks and distinctions of men, and
giving equal active citizenship, and an equal
right to every individual in the governnaent
ol hb country, legislative and executive-*in
fine, the complete establishment of a whole
Republican government, without a king, with-
out a House of Pfrrs. und v^ilho\jl ;inv of
those circumstance i- »
stilution of Ihe i^vi L
He thinks that the crisii* \^ rhuh
demanded all the prudence , and
v^our that ever u I hy
r/ten or liritaMs ; 1 1 1 1 1-
tion.i' '^ '- 'Y
sup; I*
ing vi^<'': '. Nund
what w Yhis
' " ■- : ju^-ui:., viiuch in
back the rc^olu-
I ..«„., .. ,^._ ^^.-.^.j .v.. V ^.iitUutioaal InJor^
raationofthe irtliof Janvujt'j, —
team.
wxnoL I
esea%^^
itb<B|
fkl x^ tt»c sole orject of tfii^ society ** NovT
^no w«y hjid been pointed out by the constitu-
tton but that of a petition to the legislature.
** For this we are ready to hazard cverv thing;
fttui never but with our lives will we relinquish
mti object which involves the happinests^ or
cvea the political existence, of ourselves and
posterity." When roc n say they never will,
but with their lives* reliiicjaish an object —
wh«n they say that the crisiis is come, which
they hope will shortly terminate in the full
accomph^hment of all their wishe^^ a full
accomplishment of their object — what ciin
they possibly mean but that they will attempt,
to tue utmost hazard of iheir lives^ to obtain
that object, which they consequently apprc-
houi they must use force to obtain ?
They add — *' that it is the decided opinion
of tbia society^ that, to secure ourselves from
future illegal and scandalous prosecutions; to
prevent a repetition of wicked and unjust
senleaotts; and to recall those wise and
wholesome la^ws that have been wrested from
us, and of which scan cly a vestige remains,
there ought ta be imtnetiiutt/*/ a couviuiion of
ihepcaplr,, h" -i'-f- •■■ftri dfpuiedfor thtt purpose
frmm the r «Wi« of the Fnevds of
Freedom^ x^ .„..,. i iu various parts of this
nation; and we pled^ ourselves to the public
to pursue every lettal method to accomplish so
desirablci a purpose."
GontJemoo, the previous resolutions of the
aoth of January ?>how what object it was that
they really had in view, namely, the establish-
ment (under the words »• fair, free, and full
repT98QDtation of the people in a house of real
national representatives/' and the other words
of whir. hT fiavA inlcen nolirnS of a rnmnlprp
ittlocTEectrtion fht^c i
ncccs<iary part of the
the other societies in
same measure ; and for 111
circular letter was aetil
prisoner at the baj->, follow
tions of the ?Oth of January,
crisis was arrived ujioq wfc
act.
" Citizens — The crltica
and Britons must i.*itbcr
firmness their claims to til
out resistance ro il,*^ rh^
usurpation is
operate wnth > -
that now presents iti»ell
success? We need not iti|
notwithstanding the unp.
a cornipt and uverhearin|
present tramples ui
the people, our n
be interrupted witnotu tn^
of a convention bill'* — uiitj
there is no means of pr —
but that— *• a measure <
pate, that the lies of uij
drawn, and the bentiin
different societies thrci,:^...,^
compared while it is yet lii oi
guide and direct the iuturi* c
friends of freedom. Kouzo. I
lion more, and let us sliow c
of this important truth. 1 1" wc
down with threats^ pro&ecul
sentences, we arc unworth^fM
of liberty. We must b«, Hofl
Hessians and Uanc ^
iM ; Afid if we Iani4
tfl
I
JS8I] fir High Tnamn,
Ibe public ini0il)-4)ut taking upon itsctf by
degrees and showing its inlenlirT • ' ^;r»
tip»>n It >elt' whenever Jl vliatl be slr< i
so to do, the wKqIp aulhority of tiic ^^-^ ..*
in CO I oT ihe country, — ** Wc huvc a central
.jilmiiirin In tvwv vj^'w, vrhicb we bi:li€ve wotikl
Ml: for the whole Island, b4rc
liiiktL: I riicniitn»(fntTeuting ^foui
coii6dence in ilu» parliculAf) till we hsive the
4in&wcr of the sotielics with which we arc in
correspondence.*' Gentlemen, the place of
meeting of this convention was to continue a
' secret. And here is another instance of thai
cy which wc ftnd througliout every mea-
sure, and which most clearly demonstrates
that their intentions were not honest.
Gentlemen, thtft circtibr letter produced
answcrt». Some of them have been read to
> you. The Norwich letter^ whidi is dated the
Mdlb of Aprilp say?, " it jh with great ^atisfac-
lioa W6 Tiow tlic manly conduct of you and
jrour coUeasues, espccmlly when surrounded ,
as yotj arc, by a domineering ariMocracy, who,
Dotwithr^tandntjf their great blustcri are but
chicken^heaned '* It concludes, *♦ we should
be glad to know whether the frieitds of tlie
people consent to «i convention^ and whether
Ihej will take an active part," A letter dated
the 11th of May, 1794, was sent from the
Qdd Societies, which states a meeting in
1 air at Halifax, in order to consider
I preparatory to a general convention.
\ letter says, *' they were advised by us to
rat present the meeting of delegates untjl
■^farther mformation, which should come from
you" (meaning the prisoner) '* on that sub-
ject/' So til at the thing was cuntiniially
proeceding ; for this is dated the 1 \ ih of May,
ajidyou will rcculK^ct tliat upon the I'ith tbi«
unfoff iinate rnan was arrested,*
11" litter wriitvn by the pri^ner on
ibe I y, 1794, which clearly and di-
' fitmies tiie id< as he bu<l formed upon
ItQ be the ronheaucncesof the mea-
I they were about to auopt. It is in an-
swer to a letter from Ntwcastle-iipon-Tync,
\\\v V nil nT ,\iiril I 7 1*1 ufiirh sti V^; "• lilt
_blc marms for truti^, i and ,
,ld> ind miding your ml r<i a^^;
♦ecrctary to the ('orTCi[M>ndin^ Sm^icty, we
wish to copy your example, and beg, if you |
think Mh worth your noUei%you will give u%
your view «! mnd mtf^ntmnii as soon as ronvc- !
jiioiit, win i ; : ' means tostimu-
Jjkle ami T^P They had I
,rd tirj!i iir Lrtiivnaion, bcciuise this
1, ii' lined. They conclude with
and
lotii , «
loii' IS answer —
»* It i orrcspond-
ing S ur I i cur that »*o*i«ty on a wtmilar
fidn, r I I'h ibe aatttf} patriotic objects in I
vitvi to ba catiblislied at Newcasllo- I
A. D. 1794.
iiasa
upon-T\^e, If cvor a crisis arrived thai
Ttquirea the exertions of the ^ople^ to slop
the current of corruption, infamy, and dtspo-
lisn* that seciu*> likely to ovcrwhthii thcm» it
is the present. In God's luune then let us
U'M* the exertions— we art* culled upon by every
thuig that IS dear lu us as men, and as Chri>*-
tians. The rause of truth and liberty must
Bnally be omnipoicntr therefore doubt not
tfiatthe glorious reign ttf liberty and equality
will ere long be cstabh i modern go-
vcrnnienls, with every < <*f wicked"
ue^saiid currupljgn, will Uce in time from
their giiiial iuHueiice, as beasts of prey
to their dens of rapine and dirkiic^-s from the
rising sun.** Cerlainivalludtng to that which
has been in their minds frv)m the motneul of
that midrrttsof the ikicicty fur Con^Ulutional
Information to the National Convcntiou of
France^ in which they represent what has
passed in America as a/'/iial U^ht, but that fi
great and hriiUtint ii^fd was to bMr^il forth
upon man. That $uu ofteaton which was to
arise and illunuoe ttie whole world, was to
come from llic East --from Fran»:e-*bcfore the
genial inHuence of which, modern jsjo vena-
roe nts With every appendage of wirkrtlncts
and corruption, should llec. Th' ' ' ot-
sibihty of doubting that in this t^ ; ri-
soNcr has virtually adopted the prutc amgs
then gomg forward. He adds, ** the Loudon
Corresponding SoLiety have beheld, with in-
dignation, the rdi»id ailvances of despotism in
Britain, and are ready cordially to unite with
every other society in the three kingdonuk.
who have for their object a full and enecUial
representation of the people. They tberelbfe
have deputed six of their members to meet
six members of the .Society for Conbtiiutional
Information^ to form a CominiUee of L'orrei-
poudcncc and co-operation. This comuuttoe
meets regularly twice a week at No. V, Beau-
fort Buildings, Htrand;* — which you ri:c»Ileefe
was the place where ThclwallS lectures were
dchvcfca— *• where any member dek«gali?d by
your society will meet with every lufonn-
I J dill rj qiiirrd.**
-rr^ iherefore,tlml the prisoner himself
uu tiie Islo! May, 1794, not th;it no-
thing wasdumg, but on the contrary, that ibc
C'oftimittee of t Correspondence and Co-opera-
tion, by means oi wntcb the whole meawM)
was to' be cf»ccted» were ngularly meeting
twice a week in Beaufort BuildtOgs, wtlSfv
any member delected by this New«aifttte to-
crety wmdd toeat with avciy infonttaiion f©-
quired^ ThelettercoocMeillMtt— ^' We tc^
close yiui a few iif mirreaoIii^OBs,*-^*^"^* »nio
Hi our geiiefttl meeting on tha i 'rilj
which will be Mithnrnlly eioln '>ij|
»rnlimenl> and %irws, \' "Ic
witJi yuti in wishing that tl ny
and impuT^tttcm toay soon U ll«.
tine ot irut h and reason*'—! ^^r«^
which had been wwd hf tlicir torit^
Oanllcmttu, intervening trans
taken place; jamdjt the
4 N
1285]
Jot High Treatm.
A. D. 17!».
[1980
fArlimmentia) thejT shotild he opposed by one j
of the most able men la this coimiry^ and a
niao who, for a great number of y&iT% hia I
constanUy acted ia opposition to the king*^ |
ministers.
They Ihco applied to Mr, Francis, who has
been eiciunined upon this trial* — Mr. tmncis I
sav ' M them^ expricillvt at the time Ihat
til I him to present their petttion,
llwi nc HNcwise disapproved ut the prayer ,
•f thejr peiition^ aod that he likewise »bodd ,
oppoie it to the utmost of his power. Oen-
tietnetii you wili recollect, that they con-
cealed from Mr. Francis the pi*rpo«iC tor
vl -elilion was to be presented. He
WLi ue^ that thry bad no serious in-
leotioniii presenting ihits pelition, and that
ibftir object was ouiy to raise <lt5ciis%ion and
disconteut ; that was i^ ^o degree* repre-
sented to him, nor were there stated to him a
variety of other cucumslances res^pectni^ the
trsniactioQ. They likewise knew^ that the
Society of the Irriends of the People would
liatcD to no such measure. The Cone&pund-
iogSocioty had artfidJy cn^^'^ ^^ ^'^ ^'"*'»^'Mo
keep lip correspond etu:e h of
the Frinih ol the People^ . .-ty
h,! ^ «J the wjciely for Cou&tjlutional
Iiii bcrjiuse they saw that the So-
ciety 1' ! inlormation was going
to the % which the Friends of
ih' 1 - I I , ^i. ThL7 knew, iherc-
foil , lUjL Ai. Lii pcrsons/wha not only
were not m tlie tv;ihit of supportiug govern-
ment, hut« oil the (;oiitrary, wcruio oppoaitioo
to ■ ■ ' ' u support of, and in u[>-
p^ t, I mean lu support of
liiu-.-n '■- --■'■'■ "--!. in
oppoan rw
inatall,... .- , - ii- ^ i.i..L vxry
plan ol rt-i^^rm, wluch tho!»e bciciclie^ meant
lo iolroduce. Ihcy knew, therefore, that
they could not hope lo do any tluug in par-
iianiem, and thil n yvUfuju to th? Koiise of
c
)fy, be-
C.ii.
that the
pl4U V
MU^aible,
and \
d, that
tbcy wumu nt.
c<.ni':ii)t ^\iK
Mr. Yurki'.
I he IT fore, t at
^h^^*r,.,iA u I.
''• - '■• ■ M.t, ...^, [UV
r
, and di^iird
I
Mr ^rrnn^rlY
ri
rll
ill
'■ :i.Mi-
li
1 by Ailred^ Avhiih he
ju.
:imc totalJy defaced* li
n
ir^tied the gtiiduiil de-
V in Eu^land, from the
d...
wmmmL^
tonscqurnce of Dimish
Wm^'
. and takings genenil
W^'
, so far a!> it was eon-
11'
t of popular represcn*
ii^llil^L;! , iM_
.1., .. 1 ......t.„| r^.
nmk^ on
iUl,
** Ihal the it
_.-i-,., : ,-.- :.-, .. are-
ipected the peopk^ was Loi ifrtended to be a
eomprotnise between the king and the aristo-
cracy, for the joint inheritance of the people,
but to ettabHsby on uneq\ii vocal principle^
the right of the people, to grovem themselve*,
snd lo recall those delegated powers wlurh
they had entrusted to their servants for thi»
purpose, when they were either abused ^ of ,
neglected to exercise them. If the revolu*
lion were not a revolutiots for the people, it
was DO revolution at allj but a conspiracy of
a few ennobled oppressors, against the liber-
ties and happiness of the many, — But, if it
were designed to comprehend the whole, and
iti end has been perverted, or purposely laid
aside, the ptople are noi warronUd in ptti'-
tioning, but art justified in demanding^ at S
rights agreeably to the lane of language used
in the declaration of rights, the raiitulion of
cnnual pariiaments^ and the cstablUhmmt of *
univenat Mvffrage. *
Then, gentlemen, he proceeds, in an ex^
IrcmeJy long speech, to observe upon the ef-
fects of that untv€r»t$l emftncipntinn to w hie It
he looked ; saying, that ** oppressed nature
will, at a proper season, depart from passive
principles; and should an attempt be made
to wrest what remainn of liberty from us, I
trust all men will concur to vindicate iheir
violated rights ;" and he cone kid ed with say-
ing, " Wlicu such a revolution of sentiment
shall have dispersed the mists of prejudice ;
when, by the mcessant thunderingn from the j
press, the meanest cottager of tnir country |
shall be enlightened, and the tun ofreaton^^
of which we have heard so much, ^* thall i Aine, {
in itt/ulUU meridian, trver uf, then, the com« ^
UA^NDIXG voice of THE WUOIK PtOPLE SBALL
RECOMUEND THE FIVE HUfiOBCO 4ND PtPTY-
LIOIITOEVTLUIEN IN'SAI NT STrPUF Ji's CII APLlr
TO 00 ABOUT THEIR auMNESs-" Then several
resolutions were entered Into, one of whicb
was :^'* Convinced of this truth, it is the opi^*
nion of this meeting, that the people ought
to demand^ at a righi, and not pelUionfOt tf
J'avour^ far univertul representction.'* — *« I'A/cf,
ikeref&rej ac wilt petition the House of Com*
mom nc more on this tutted.**
It ha% been attempted to represent this,
meaning, that they would petition the Houaft'
jlo more, in the character of separate
ties, or individuals ; but the resolution is e»
pliciL, and clearly shows, that that was no%
what they meant ; for, they say^ ** Convinced
of ll)i% truth, it is the opinion of this mectin;,^
that the people ought tt> demand, at a righi^
and not petition^ at a fttvour^ for universal re*
presentation ; that thejie^fobc we will pe/t-
tion the Houm of Cmnmont no more on this
iubjcct/' The reason given for petitionuij
no more, would apply just as much to pcti«
tioninff, in the !orm of n number of per»on%^
assembled by delegation, at Edinburgh. oi
olxcwherc, as it would to this mcettn|f al^
Sheffield.— Thr-' - - -nrl of colour of Uieir
proceedings, a; eaas of exciting di
content, a lonj^ ,.,-,.... ^vas prepared for the
aboUtion pf ibe lUre uvk,^
J
, 1387] 35 GEOItGE III.
Gcnllemcn, I hey speak Ihf n of the rcjcc*
[4ion of their |>etjlion by the Hm^c of Com-
jipaons; Jin<l they say, '* Our petition was re-
|4Ctved with the ulino5.t indigtiatign, by tiie
LHoti^e of X'ommans^ which was no more than
I "we expected ;'* and, •* ttlthougli our petition
•vas tli^duinliilly rejected^ be t!sni?.c not couch ecJ
I in language ^uflictently polite and re^^pectful
for the five hundred and hfty-eightgeiatlcmen,
tviiu hit in liie House of Commons^ yet, be-
lieve usj fellow dlixcns, we are still of opi.
Trial ofThomai Uardif
[1288
the ccnnitry ; iind therefore boldiog principles
perfectly incon^iatent with the present cilih
Dljshment of tiie British government.
. Gentlemen, there are many other
which might be observed upon, but I
afmid I have already infinitely too Icm^
passed upon your patience. There it
subject upon which I have hitherto wud
little- I mean the subject of arming, I co
\ wish, also, if I had strength for the purpc^
I to say •something to you upon the fubject of
©ion, thai the matter it contamcd was not Chalk -farm; but I am really unable to do it
^nl}' just and proper, but we think that even
; the language, which gave so much oftbncc to
the hon. gentlemen, wa^ much too |K>lite and
4oo niuderatc for us. Fur, if the House of
Commons were the real representatives of the
|)Cople, we certainly had a rt^ht ta dictate and
With respect to the subject of anniog, as it
passed at Sheffield, what does it sliow ? Thil,
by bome means» the miods of the people it
ShefBeld, I mean of the people who belonged
to these societies, were impressed with U
idea, that some civil commotion was to bees*
ftot to fwtaiitft.^' You will tind, throughout | pected, and that it was, therefore, neee^stTf
the whole of this transaction, that they had
now us5»unicd, that they hud n ri^ht to dtctatt\
MUii not to petition. — And you c;innot form the
slightest reason to believe, that a petition
to the House of Commons was withm their
view.
Tlicy conclude : — ^** But our petition being
£coiiLcd, we shall trouble them no more with
«ur coars4? and unmannerly language ;— Jt
will be our duly lo proceed, as we ha\*e uni-
ibrmly done hitherto, in enlightening the
public miml^ and when a complete revohiliati
, lof sentiment ^hall take place (as will shortly
be the case) in our country^ b^ thall open our
piauthi in that krj^ we think most agrtmblr.
to ournelvei ; and tmr xmre^ togrthrr it'ith that
qf our diifranchi%td count r y men ^ uUl rtutMe^
per hit ps^ the thitndentt^s from Mount Smtti,'^
* — ^if'lcaily alluding U> the idi^a, that tlic
opinion uf ilie peojue, supporluig a conven-
tion, assembled and acting as a convention
©f the people, speaking, therefore, under that
character, »hc public will, as described in Bar-
rete'sspcech, woold be irresistible; and that its
thuodenugs would be in that key which the
persons who composed it should think niosl
aipreeable lu themselves, and wuuld resemble
tne thunderings of Mount Sinai* Then they
speak of their principles, and say, '* These
essential principles are butki e^isy and eom-
' prebensive. On thae ue tfuiid our right to
repretcntatioHf und renotmcc thr idea of future
fetitiom"
*So that they clearly rrnouttce the idea of
}fuiure petti tonit, not simply /Vom theonetrcs^
but from <im/ other Knuoti, ii^sumint^ their
title to univ tarsal rej > ' , ant^
lioias a thing t<^» Vm . n :-*
** By these maxims wo bud that every Eng-
li&liman is tree, and that in the election of a
mtjpreme nrngiitrate^ or in the dehgndnn of te-
gulaiive pnwrm^ \m' i*oncedc>» his actions to a
certain »>'ii ff>r the express pur
poscofpj from vauUm*; over IL-
for them to provide themselves with arms ftr
their defence ; and I will take it, that Ihote
witnesses who have appeared here, !>pokt
perfectly seriously when they said they nicaol
these arms only tor their own defence* But
the purpose of Yorke, Davison, and G^ileiWbo
are the only three ]»ersons who appeftr lo
have been active persons upon the occasuiQ,
was as completely answered, whether they
hud anncd those men for the purpose ofsclt
dr fence, or any other purpose whulefcr, Thty
had armed them with a weapon, chetplv ami
easily obtained, and easily used j thty kiMfW
very well, likewise, that which appeared upon
the' examination, I think, of one of the wit*
nesses for the defendant, that ten t^iousaod
such arms might, at Sheftield, be (^brtcated
m a day ; so that it was unnecessary that tbi
actual fabrication of arms should be tmi&edi*
ately thought of. Nothing more was \
thjin to put the people in a train, for thtti
pose of obtaining arms when lh«y she
wanted. The same thing may hr ofa
with respect to what passed in London.
A« to the letter from Davison, it i^ perfec
clear, although we cannot trace 1^ N
it had been communicated by the
some way or other ; otherwise Edwajrdi ne
could have known, that the pri toner was 1
person to apply to, for a direction wbcrt'^
get arms at Sheffield.
Gentlemen, at a much ear^' - --^-iod,
persons concerned in this Ir i . lo
upon what was «?">"'t r,<rv= „
leading to extrens- ^I aJlc
particularly to the 1- - k Irving, of the ^
of Jtdy, 1793, to tiie prisoner at the h«r. III
which he clearly and explicitly stales, what
his ideas upon llie subject were. In irnlittg
thatlcllrrofthc 5th of July, 1t9«i Mr.Skil*
ving had it in his <
ftihinlv, in 4 vpr>'
non thai, by ;
, the whole 1
■ -in.
Uif 1
£ C I
iMS 0 eixry 0hGi part of live t^ov»:fumem
af i vLtab
rmaaa^
» II It.' iniMiiiM -Tii, v^i^i'iMPi tUloCtflK Vb€
hh adverse to the vytlem of rclofis, Ibcn
UH
1289]
fm tii^h tVefljoff.
A. D- 1794-
[1890
irnght be easily ftccompli'ithed \ b<it lo cm up
deeo »nd wide rooM prejudices, to give cfivx-
tual energy to the cli<:tatl^* iA{ truth, iii favour
of public virlm; Htid natiumil prunpcrily, \\\
opfKisition to ^tilf, ami sili u^ intciested li^^hiLs^
and lo vviihstantl i wu ihc fioal eiturts
oftlte powers of I 1^ ihi" work of the
wh<>l4>, and not u» ;i jnu; a work to which
mankind, till this awful period, were never
j^t(}Uiite, because never till now diH]^io»ed \il%
itemize ; not merely or oniy, 1 trust, from
le smsc of the common danprr to which we
exposed, but from ihc eniiubling prtti' iple
universal benevolence. 1 Ihink the minds
of all muit, in the nature of things be now
hinied to more effectual means of reform —
not one perBon was convinced of ihc neces-
sity of it by the most convincing argnmr^nl^
of reason, together, with the mo^t uncnnivo-
evl eaiprcB^^ions of umver«»al de*«ire. What
tJien is to bv hoped tor from repelilion ? I
ftm only afratd that the bow m England*
ag^nsi reform^ waftso contraclcil^ that m re*
turning; it may breaks Von would willingly
team, you f.av, from us; I own that we ought
to be forward in this. Wc have at once in
great wisdom perfected our plan of organixa-
tion, and if wc were in the siime independent
state of mmd as the people of England, we
dboiild l>e able lo lake the lead."
Uc proceed H to ob^orve upon the conie-
qiieocesof that pliiu of oreamzation, which he
^ja has been e«»tablishcd, and the object uf
which wa!», to c^Tr-ci the rt^forma which he had
proposed. He uddh— ** The associations with
yo»i are no nK>rc% I fear— excuse my freedom
^-tlian an aristocracy for the good of the pco-
pie. They ;ir»» toflecil mode'raie. firm, and
virlnoiia; *4Tun>ctler cannot be: but we arc
the people themselves^ and we are the first to
show ihai the people caJi \hA\\ jnd^e and re-
solve, if nndirrcied by ffliHion, with both wi"»-
dom and modcrntion. 1 hEiV€--«t»t a higher
m^Xx in the preH*'ni exertions for reform^ liian
lo aoe tl»e people universally and rci;ularly
tuocialed, because I am persuaded that the
present disastrous engsigumcnls will issue in
l\iin, anvi tilt- pcopk' itien mu^l provide for
thcnivclvi-. : HEtd It would beuni '
wc should Ik r^.idy to act wilh i
bcoccupitdi*hoMi or^aui7.ationfVVkMiv'u» .> i.nii,
however, anarchy n>ust euiue/' What can
Ihi^ 'v^k-f ri 1,. i.n> .1 1 1.1 liiihiJiiiJi.M tn (hc mind
Of iv, in»ii,
t+ ,^ _ i a stale,
\\\ trvt lh;it there wouid he a di«.so-
luL • whole of (lie e)ii?»ling govern-
Bicui ; Hiid, if M»ine other governmetU wa.^
notprovidrd m it» place, that anarchy must
eosue? " Let us there fori%**(>ay«i lic)" take
Uie hint pvrn iih by our op^H>%( rs. Let ns
begin m cai nest to m* r niinds rcla-
tWe to tlu* extent of « . h wc ought
to ^ek, to hr prcpiifrn n. jM-iily it, and lo
controvert ohjettion'*, I^et us model the
whole in tiic pubhc mind. Let \\% provide
4verj stake aud stay of the tabernacle which
wc would erect; so that when Uie tabernacle^
of oppression, in the palaces of ambition, lire
broken down imder the madness and folly of]
their supporter^ we may thcti, without unar- ^
chy and all dangerous delay, erect at once our
I T " i uf righteoiisnesi, and may ihc Lord '
in it/*
c^yyw, i^tntlcraen, here is a man contem-
plating that which was likely lo be the result
of the mcastires in which he was enjT:iged,
seeing they led to anarchy and confusion, and
exhorting other persons to he prepared for
the evcnlt by providing a plan for that new
goveinronrnt which he meant to establish, in-
stead of the government which he meant to
destroy. He then proceeds to de*#cribe what
was the unfortunate stale of the Roman go-
vernment, after the nations which had been
subjected by it, bad been left ** like shec|> \
without a shepherd*' clearly alluding to that
state of anarchy which at that periou prevail*
cd in Kuropc; a state described in history so'
forcibly, and picturing so completely, in many
instances, the prcneul siluation of France,
that really when one reads that history, odo
almost imagines one is reading the history oC 1
the present ^latc of Trance.
The letter proceeds — •* We may suppose aa
event which we deprecate. Nay, should mn
not be prepared for every possible issue^ al
the present unprecedented divisions of man-
kind ? we have a right to be apprehensive of
the abilities of our own manager*, who are «o
, afraid to depart from precedent, thai like men
. of detail, they may be inadequate to tlic task
of preserving the vessel from shipwreck, now
\ grappling with danger, not only great, birt
I new and uncommon.*' The letter add*— " if
ll»« present ministry fuil, who af\er them
stiall be trusted.** It requires lilllc nenettTi-' |
tion to see the anarchy and discord which
will follow. It will be such, that nothing;
short of a general union among the people'
themselves, will be able to iieal. Haste
ihcrctbre to associate, at least to lie ready is
a>s<»ciJite. If then si»ch a broken state; of \
lhm"»> should take place, the civil broils thnt'
Wfuifd necessanly cn^uc would »oon subside,
' ' 'e the uuilrd irresistible voice of the
Do ncjl, 1 inireat you, hesitate think-
.M^ .(jch a work premature as vet; but %
inoiiih, u!\d ihrn it may he too late," The
impression upon this man's uimd,unquestion*
ably, was cxtfemely strung— an impression
not at ill, indeed, wannuteil by the event >
his idea was, that the danger was then great
—he looked lo the general dii solution of go-
vernment—he looked to ;!nirchy and discord ,
— be looked lo civil broils as necessarily en-
suing; and the only hope he had, was in the ^
united irrcsishble voire of th« wliole adopting
^ ' ■ '^ :ind ready
.'UL
that
they cvct took those mcmns tJb^ts^iNAst^^^^iwt
1291] 35 GEORGE HI.
ODtiugencies which might hapjien. which
Jid venter of tliis letter rccommctius, it Is
lim possible ft»r us to know. All that I can
observe is, that it you lcM>k into the report of
the Committee af CtJiislitulion ot the London
Corresponding Society, I think you will find
a sort of provision, not adapted merely lo the
purpose* of a private society, but ea^ly con-
r^ertiblo to the purposes of a nation acting
I under the ideas which these societies had of
I the proper itumner of governing a country.
Gentlemen, I will make one short remark
j i^n wl\at passed at Chalk Farm, principally
I with a view lo call to vour attention the very
I violent resolutions wliich were intended to
[have been adopted at that meeting, by one of
[the jKirtie^— I hkewjse would call to your at-
[ tentioi), that the ay^tcm of arming appears (o
I Ikave been, in some degree, adopted through-
[out as to what was said with respect to
jthe knives it certainly was a trilling circum-
J«tance, but the fact h not contryidicled, and I
I vould particularly remark to you, that a per-
[ton of the name of Pearce, was named speci-
fically in the evidetice of Grove** (whose evi-
I dence is the only evidence that has been in
I any degree materially affected) as one of the
persons who were present at the transiicliun.
He might have appeared and contriKlicted
I that assertion ; he nas not appeared and con-
tradicted that assertion, he therefore must be
J l&ken^ from" his Bilcncc upon this occasion, lo
1 have assented to the truth of that assertion.
I would hkewise observe, that Green, the
I man whoiA some respects contradicts Groves,
I iras called on the part of the crown ; and I
think that you will bcljcvc» that those who
h&d the management of this business un the
[ part of the crown, when they called that
' ipan, had no idea of concealing from you any
' circumstance of which they could obtain evi-
dence for your in form at) on. He likewise
himself, upon hb cross-examination, admit-
ted lometning which might give some sort
of colour to the evidence of Groves — but,
} gentlemen^ put out of your consideration all
I vie evidence that Groves has civen— put out
of your consideration these Knives, and a
f thousand other little trifling circumstances —
[ yoM will 6nd all the parol evulcnce given,
^ confirmed by the written papers — you will
find not one word of that parol evidence con*
I tradicted, except so far as tlie evidence of
Green, one of the witnesses on the part of
the crown, contradicts the evidence of Groves,
another witness on the part of the crown, in
this single circvmtslantc— at the same time
[ that hundreds and hundreds of people might
^have contradicted the greatest part of the
I parol evidence which has been given, if it had
' teen thought i*tf'e for ihe prisoner to bring
those persons to the bar.
You will likewise recollect the paper of the
lniaudOul«>^ which was certainly an incite-
arm, exactly upon the same principle
'fldch was proceeded upon at S>hef-
t%^ the pcot>lc ta provide arms for
Trial qf Thomas Hmrdg
[12JK
self-defends — Ihe persons who «o incited
them, having no reawn ' t, - f ■ .^
them lo arm , for any pa r
moment, but simply' foi luc pui>'
vidin§ with arms the persons w
meant afterwards to make use of, ^.. . u .. ,,jg
t lie power to refrain from telling them the
application which they meant lo roiike of
them, till the moment when it would be eoft-
venient for them to do so«
Gentlemen, I have addressed you beyood
my strength. — I feel myself unable to w
any thing more, though I am wdl persua4ea«
indeed L well recollect^ there are many things
I meaat to have slated, which I have not
slated* To the utmost of ray power, 1 hive
done my duty.— I tru^t you will H ^ -*
It is certainly very harsh to our ; •>
be compelled lo press against u.\*j . m
a case the event oi which may be the termi-
nation of his life. — You, gentle men« are t«
give your verdict, according to the truth of
ths evidence laid before you. — If that should
enable you to give a verdict of acquittal, I
have no doubt that you will give it wuh joy,
— If it should compel you lo give a conlraiy
verdict ; bitter though ihe cup may be^ you
may not pass it from you. You ha. h
duty to perform ; you must tax yo
ings ; you must perfurm it. I havr
which I have found not only diffii
but painful to my own feelings. I *
deavourcd to discharge it failiifuily. Han
done so, I wUl now trouble you no longer.
Lord Chief Justice Et^re. — Wc aie nt iht
seventh day of this iriaf ; and it * '*-
now lo sum up this great and * t
cause. Is it expected or wished, vii lite part
of the prisoner particularly^ and also cm the
part of the prosecutor, that the whole of thii
written evidence should be repealed to the
jury ? or, would it be satisfactory to every
bocly, that the parol evidence only should t>e
summed up to the jury, that they should be
left to their recollection of the written cri*
dence, together with the production of such
parts of the written evidence, as, in tlia
course of the summing up, it mav aonfit
to me to be necessary to have ret
If it is at all the wish of the prison ti-
rular, or the counsel for the prisoner, or li it
is insisted upon on the part of the proMv^nior,
I shall not at all regret the cip' ny
time, or bodily fatigue, as far ai »t
cessary for me persunally to l ' -I
woidd willingly spare the ju- '>-
cause their labour has bccri ^f
I were to go through the wl^ fi
evidence, I am v-v^' .cm t
should only load t ^i.
collection of a m^r it
were stated again to ' :i
truth be less pn pirr d t i-
lions that I jf
ihc evidence ^ J.
Mx« Attorney U«nc^a/.--Uu Uic |>4it «t lUi|
I
1293J
far High Tmuon^
A. a Vi
[1294
vrosecutioo^ »i appeari to me, that I cannot
better cx»nsull the interest of llie public, lliaii
to leave the execiition of this duly to that
^scrction which presides here.
Mr. Efikine,—i shall not express my own
tentiment, because the attorney- general has
expressed niy jjentimcnl completely.— 1 leave
it entirely to the discretion of your lordship ;
and Mr. Hardy desires me to state his confi-
dence in the justice of the Court, and to ex-
press hh acquiescence tn the mode your lord-
shjp proposes.
Lord Chief Justice Eyrt, — Then I will
take that course. — If, in summing up, there
is any paper I should not state, which the
counsel on either side, and particularly the
counsel for the prisoner, should think may
throw light on wnat I do state, if they will be
ad £Ood m to put me in mind of ii^ as I go on,
it aball certainly be read.
st;itMt:co T7r«
Lord Chief Justice £j/fv.— Gentlemen of
the Jury ; — ^I'hc prisoner at the bar, Thomas
Hardy, stands indicted for that he, together
with John Uorne Tooke— John Augustus
Bonney — Steward Kyd — Jeremiah Joyce —
Thomas Wardle^Thomas Holcroft— John
Richtcr^Matthew Moore— John Thclwall—
Hichard Ilud^son, and John Baiter — has
compassed and imagined the death of the
kin^ :— the language of the charge is —
*'That they conspired, compassed, imagined
and intended, to stir up, move and excite in-
surrcction, rebellion and war, against the
king, witlim this kingdom of ^reat IJritain,
and to subvert and alter the Icgii^lature, rule
mnd government therein eslabli'ihed, and to
4epo^ the king from the royal state^ title,
power and government of this kingdom ; and,
to bring and pal the king to death, and to
fullil, perfect, and bring to cfiecl their trea-
DS and treasonable compassings and imagi-
tions aforesaid," they comntitled several
-overt acts, which are chRr- ' "is indict-
ment—The first overt m ** their
meeting, con^ulling, conipu.i.i; u..u ns^iceing
to cause and procure a convention and meet*
injg of the klnrr's vnhjetl^ Uj I"' .v^- rnhlcd
within th« . with ju in
order ihit * .♦ mi ig II ied,
ni 'Ui ojjd m dcliunce of (he autho-
liv tft^t the will o( the parliament,
vciljiiU' ^o lobe subverted aiid
red, thr ^ rule und government
•li<^ 'a depose, and cause to
ht from the ruval state,
IH ' '' :'"
\\ ** writr
If. —■''-'-
an
%i'
1<
h
f— . _ atS,
Cnc«^Ui4g€(UCliU ^ikl i*Jtk;£bb4ii>Ull| U* B]OVe^
induce and persuade tlie king^s subjects la
choose, depute, and send, and cause to bw\
chosen, deputed, and sent, persons, an dek> »
gales, 10 cootpose and constitute such cou- \
vcniion.'*
The third overt act charges them " witK
meeting, consulting and deliberating the mora
Ti hIiK nni| rtftfctually to a^ssemble such con*
! liic ir^ilorous purposes aforesaid,
*' -the calling and asscmbhngfiuchcoDw
veniicju, and how, when, and where the sama
should be assembled and held, and by what
means the subjects of our said lord the king
should and might be induced and moved to
send persons, as delegates^ to compose and
constitute the same."
The fourtli overt art charges them with
*^ consenting and ap;re6ing, for the same pur* i
pose, that Jeremiah Joyce — John Augustus
Bonney — John Home Tooke — Thomas War-
die— Matthew Moore— John Thelwall— Johar
Bailer— Richard Hodgson — John Lovetl —
William Sharpc, and Jolm Pearson, should
meet, confer and co-operate amone them-
selves, for and towards the calling and assem-
bling such convention.*' i
The fifth overt act is for " causing and prtH
curing to be made and provided, and consenting^
and agreeing to the making and providing of j
divers arm sand offensive weapons; that istosay
guus, muskets, pikes and axes, for the purpose
of arming divers subjects of our said lord the
kin^, in order and tu the intent that the sama
iubjecis should and might, unlawfully, for-
cibly, and traitorously oppose and wiihsiaud <
our lord the kinp, in the due and lawful exer*
cise of his royal power and authority, in the '
execution of the laws and statutes of thia ^
realm, and should and roieht, unlawfully, tor- j
cibly, and traitorously subvert and alter, and <
aid and iaissisi in subverting and altering,
without and in defiance of the authority, and <
against the will of the parliamcnl of this king-
dom, the legi'^lature, rule and government '
eatfihiiJihi'd in this kingdom, and to depose, \
and to liid and assist in deposing the king i
from the royal slate, title, power **md govertt- 1
ment of ihii kingdom,"
The vixth ov^erl act charges, « meetm^,
conspiring and aj/recing to raise, levy
make an insurrection, rc*>eHion and
within this kingdom, against the kuig."
Tlje «^ercTttfi overt nrx charge»^ the ** meft
ng and agreeing ta I
]"&« to lie subverted J
.!e iind govern^
ium,'ana loj
to i*L ur 1-vp.va, tlic king
. title, power and governmeii
vert act charges these i
ig and composing divers 1
>', iettem, detlarations, instnicticns,
IIS, ordrr5, addresses and writings,
and wiii '^»« same, coataiaiiig
therein, i uuragcmenta and mx*
hortatioDs u^ muvc, mducc aod pemadc the
1295] 35 GEORGE IIL
«ubjecis of our Baid lord llie king, to aid tnd
^sisi in carrying irilo effect such traitoroiti
jtubversioo; alttraiion and detH»sition,aiKl also
cenlidning therein, intormation^ iij^tructiun&
and dirccUims t<* the subjects of our said lord
the kmg^ LoWf >wben and upon what occiifions
I he tmitorous purposes last aforesaid, should
and might be carried into efiect.'*
The ninth overt act charges the ** pro-
curing and providing arms and offensivp
vvaponSy (to wit) gun$, inuBkets^ pikes and
sxe^y therewith to levy and wage war, insur-
rectioa and rebellion againiit our said k>rc)
Ihe ki|ng| within this kingdom/'
For tlie present, gentlemen^ you win attend to
the evidence, with a viev* only to the establisii-
snent of some or other of those fai: Is which
are so charged as overt acts, the j;cneral effect
of the evidence I shall take occasion to state
to you, with observation* upon il, when I
, come lu slate the whole of the evidence to-
gether.
The firsit witness that was called, after the
written evidence was in a great measure gone
through, wai* William Caniagc, who said, be
was a member of the society at Sheftield ; that
he became so the latter end of the year 1791 ;
Ihal he acted at secretary, he believes, five or
six monllis ; be ceased to act in that capacity
about the latter cud of Aprd or May last — he
used to sign the letters, which were often
written by others — the bii.^ine*s of the society
was nianagal by diftcrent persons— there was
a conuiiittee^ — the leading pcrsonsof the com-
mittee were one David MarUn, who used to
attend the conmiitlee ; John Allcock, George
Widdlson and Mattliew Lodwin — they were
^rs^ns concerned in writing these letters —
that the professed *>bject they had in view^
was a parliamentitry reform— that they chose
Matth«w Campbell Brown a delegate to the
Scotch Convention, and that tie was sent to
Brown at Edinburgh, by the Society to carry
hini cash, lie says, lijtre whs, at tirst, ki
parliamentary reform proposed to be brought
about by petitioti to parliament. Bemg
asked what was their next mewsure^ supposing
their petition was rejected, he said, he never
heard any other specitic plan» proposed by
Mr. Yorke^ or pointed out by him.
He sa^ s, the society was threatened to be
dispeiMjd in their meetings, by the people of
hlicltield, by the oppiisile party j that they
llioughl it necessary that they' should have
arms lor their own defence ; and he approved
,of it ; he did not see any harm in the business ;
bit they hud a right to be armed for their own
defence, against any ilk^gal attack from that
party, ail d to prvtcct their meetings ; this^ he
rtiudt was the general idea amongst a great
f^ who$« names lie could not mention at
Qtp be |»avK. Mr Viirk*^ annrnvrfi I he
♦ He wa^
^ it was iih- : s
|1. 11 re a» a witness, wh«
fot^r ; an well aaht l.,
whu iiuidc tlmt blade of %ht |Mke ;
■1
Trial of Thomas Hardt/ [IS96
he t&id, he heard nothmgof any other aorl of
arms^ and nothing of arms in any ..tb^r r^.,,^
try ; he ^id, he tiid not know ol it
being made, cxceitting three <J'
j were made, he believes, by HiU : he »ayi|
he saw a pike handle at VViildison*s; it
was about eight or nine o'cloi'k at ni^lit, whra
he went to Yorkc's about it ; that iiu perxin
was present.
He savs, he was af tfic meetiitg upon the
Castle llili,at 8hc(TicId; thai, at that time,
tht-'re Was no recommendation of arot^. Ht
i^ays, he knew Davison, whd was dervMit t»
Gale ; and he also knew Robert Mood v. Yorb
recommended, that parliament shoulid not be
fietitioned ; he heard of an a(ldre«^s to liK
[►eople ; lie says» tliiit Y'orkc was drawn
m a carriage, without horses; he heard
disapprove of the Scotch Oaveniigfi ;
t bought the people were very niicli
pared.
He proves a letter produced* tr» l»e
Davison*s hand, addressed to Utrdy, and
nc had sceti it in Davison's po&scjaion m
Shefheld, Davison, be says, came ori^biltv
from Leeds ; and he acted as secretanr «
Leeds. He says, he desired thfilt kUcrtan
Hardy might be directed to Mn' * — : \}it
said, the proper secretary's nanv -^
Broomhead, was struck out, \ ^ .u^j
thought some letters to tiie 5l r i i had been
intercepted- He said, Moodv j lU imudlti y*
thfpc dozen pikes; they w«te sotuewhrre
about seven feet loo^ made of fir ; tht bbd»
about ten inches ; they were about the mate
shape as a bayonet, flirted and pointed ; limt
were rvooe shafted, that he knew of, of m
other shape; one was mude liefore, wbiuh
was not of that shape ; and, as well ai be le-
collects it, that one was sltowo lo Y'oike. Uv
said, that Davison is gone olT. He b iudc<ed m
to a night cat ; lie &ays, he knoWA what it hi
it slandM four wa>s;\hc ip- ''" * ^ t «ys ii,
to act against cavalry, by I
the street— This t- <«^ .»^i -
Upon hii^ cro
parliamentary rel ^
equal representation in llie H*i
mons; he had no idea of any tli
dilated against the king's inaje^ity.
House of Lonls ; there never was acs
dual of the society had any ftuch tli
they had no idea of carrying Ibcir rrXotmiA
by force ^ i>r to overthrow the inciinalloal tf
the people at large, iind the indiliBikO ^
parliament * -^ ' '
ice.
says, •
:i nwie
■. UK
tlMWgpr
he
member, U theri
if tlieti* T' M - :
lor tun. I
honour
would :
He i.u ,.
fore he si|n<
tinned to d(
secretary, tt
saw no tea
:hll
aurl y Uicy
CiEktttSDOid i
'..I- [y iif tbe
< ihiunc* lit
I sooety*
'_' i^i>rrt 1^
-a*
i hr
•»Fi ^
i<dd«l»
1297]
for High Treason.
A. D. 1794.
[!998
threatened with interruptions in IMarch, 1794 ;
lie never heard that the prpposed convention
vr^s, to put down thekin^and the parliament,
and to take upon themselves the functions of
government; the Sheffield Society thouj^ht
tliat the Scotch Convention would petition,
antl that the House of Commons would
attend to the application of a lar^ num-
ber when a small number of individuals
night be neglected ; that he should have
thought himself the most abandoned of
mankind, if he had continued a member of
tlie society, if they had taken up such senti-
ments ; he said, he had never any reason to
believe that there was an intent to destroy
the constitution. He said, they were afraid
of the opposite party making an attack upon
them ; tliey thought what thev were doing
WIS legal; they had uo intention of arming
against the king and parhament ; he would
not have remamed another day in that so-
cietv, if that had been the use intended to be
made of these arms; but he thought they had
a right to have arms for their own defence,
upon the Bill of Rights, against any of those
people that might attack them : Yorke said it
was so. lie could not take upon himself to
tell what the delegates of the convention
meant to do. He believes it was the cheap-
ness of the article that recommended the
pikes. As to the cat, he did not know that
any were made from the model ; he had seen
some years ago, something of that kind at
Newcastle ; and, as he recollects, as to the
time, it was some time about the American
war ; the letter alluded to in this man's evi-
dence, is addressed to '^ Citizen Hardy, No. 9
Piccadilly, London."
" Fellow Citizen ; the barefaced aristocracy
of the present administration has made it ne-
cessary that we should be prepared to act on
the defensive, against any attack they may
command their newly-armed minions to make
upon us. A plan has been hit upon, and if en-
couraged sufficiently, will, no doubt, have the
effect, of furnishing a quantity of pikes to
the patriots great " enough to make them
formidable, the blades are made of steel tem-
pered and polished after an approved form ;
they may be fixed into any shafts, but fir ones
are recommended of the girt of the accom-
panying hoops at the top, and about an inch
more at the l)ottoni ; tne blades and hoops,
more than which cannot be properly sent to
any great di>tance, will be charged one shil-
ling ; money to he sent with the orders. As
the in«litulion is in its infancy, immediate
encouragonipnt is necessary.*' They have
struck out ** Orders may be sent to the secre-
tary of the Shctficld Constitutional Society.
** SheffU'lJ^ (Sinned) llicnARD Davison."
« April 24, 1794."^
** To prevent post suspicion, direct to Mr.
Robert Moody, joiner, Cheney Square, Shef-
field. Please to forward the enclosed.*^
The witness says, Davison might have
VOL. XXIV.
the same views for the people in Tendon as
the witness had in Sheffield; he says the
pikes "would cost about twen»y pence. Being
asked if he ever heard of such a place as the
Tarrot in Green Arbour Alloy, London, he
says he does not know any thing of it.
The next witness is William Broomhead,
he is a cutler at Sheffield, and was a mem-
ber of the Constitutional Society there at its
first institution in 1701 ; he says he did not
know that he was one of the twelve who
were associated with the London Constitu-
tional Society ; he has some idea of a letter
having been written that they might act in
conjunction, but never heard of the associa-
tion ; he was secretary of the society in Shef-
field for the last five months before he was
apprehended, which was in April ; he saj'S
the object of the society was a parliamentary
reform, by meeting and endeavouring to en-
lighten each other, and to spread the know-
ledge of grievauces, that they might unitedly
apply in tne most unexceptionable mode for a
reform of parliament; the term universal
suffrage he did not hear of till the Edinburgh
Convention ; he says he knows Yorke, who
sometimes eoes by another name, by the
name of Redhead, he resided at Sheffield se-
veral times ; he cannot tell exactly how Ion?,
the last time might be six, seven, or eight
weeks. The witness knows Gale; he says
Yorke used to attend the weekly meetings
during his last visit at Sheffield, but he was
not a settled inhabitant of the place ; that he
was considered as a man of considerable abi-
lities, and an orator, and treated with respect ;
he said he wrote several pamphlets at Shef-
, field ; he used to bring parts of them to be
read to the society at these meetings.
I The society held these meetings m a small
and in a large room ; there was an elevation
for the speaker, which some called the pulpit,
I some the tribune; from this tfibune Mr.
I Yorke addressed the society. He was at the
I meeting upon the Castle- hill, Mr. Yorke was
' there, and expatiated very largely upon the
corruptions which had crept into the consti-
tution, or rather the evils complained of; he
says his manner of speaking son»ctimes car-
ried him farther than he ought, he was pecu-
liarly energetic, fiery, very warm, very htrone:,
Lut that he said nothing contrary to the law
I and constitution.
He says it was settled at a previous mect-
I Jng, that he the witness, should make a mo-
i tiou for a petition to the House of Commons,
in order tnat it mijyjht be over-ruled, for the
purpose of introducmg another motion in its
place ; he says he made his motion and it was
objected to, with a view to the introducing
another; he says there were foiur of tlieni of
thecommitU'e,^himself and three more— that
several people were assembled ; the new mo-
tion was, to petition his m^esiy, it was drawn
up before they assembled, for a rctbnn in
parliament; that Mr. Yorke addressed ih»*
people, tliat the petition wa* «i\\vv^ V^vAvfNx
i 4 O
1299] 35 GEORGE UI.
to eari Stanhope, but he did not think fit to
present it ; they afterwards agreed that Mr.
Yorke's speech should be printed ; it was
printed and ptiblishcd at Sheffield ; a printed
copy was sliown to the witness, he believes
that which is now produced was one; there
were some, he says, to be had at Mr. Gale's
shop; he says at their private meetings
copies of ibis were directed to be sent to se-
veral persons; several packets, to the amount
of twenty-four or more were wrapped up sepa-
rately, put in a box, and sent to the prisoner.
The witness says he was applied to by one
John Allcock to become secretary ; he says
he had nothing else to do, that the war had
destroyed his business, and therefore he ac-
cepted it; he heard a report of arms in Shef-
field ; that other people met, but he purposely
avoided meddling, in thought or act, with any
matter of that sort ; he heard of arms in the
society, a few days before this meeting ; it
had been spoken of as the right of the sub-
ject to have in their power the means of de-
fence ; he says a spurious hand-bill had been
published in the town ; he says that the hav-
ing arms was spoken of as a right, he thinks
it was after the meeting at the Castle- hill;
he says it was at a puhHc meeting of the so-
ciety; there were several other people who
were not members of the society, they were
introduced by members as visitors ; he says
he never saw a pike till he was brought to
London, but that pikes were talked of; he
saw a model of a night cat, which was only
like a play-thing for a child, that it had four
soikes, one Charles Rhodes produced it ; that
the conversation about it was not a serious
one, but he considered it as the act of a child,
and it was talked of in a careless idle way.
He says he remembers Yorke saying we
were in a low, despicable situation, and rather
than submit to it, he would go up to London
with the people that were there; this, he
says, he thinks was before the talking about
arms; the reason for his remembering this
passage was, the pain he felt at hearing any
thing of that sort said, for, he says, that for
himself he fears God and honours the king.
He says that he has seen a pamphlet of the
sort of this that was now produced ; that
upon the Fast -day the people assembled at the
.top of the town, that there were a thousand
or two thousand, and that they acted as des-
cribed in that paper. The paper was found
upon Hardy by Mr. Lauzun, and proved by
this witness, it is an account of the Fast day
as observed at Shcflield, and of a serious Lec-
ture which was held there, the title of it is
" Fast Day as observed at Slieflield, a serious
Lecture delivered at Sheffield, February the
28th, 1794, being the day appointed for a ge-
neral fast; to which are added a Hymn and
Resolutions.''
The lecture turns upon the destruction of
Ae priests of Baal. The hymn does not seem
^ have aoT iLibg very necessary to be stated;
•e are tfceie stanau \u it ;
Trial of Thomai Hardy [rSOO
** O Thou whose awful word can bind
*' The raging waves, the raging wind,
" Mad tyrants tame, break down the lugh,
'' Whose haughty foreheads beat the sky;
'< Make bare thine arm, great King of Kings,
** That arm alone salvation brings ;
" That wonder-working arm which broke
** From Israel's neck the Egyptian yoke.
" Burst every dungeon, every chain,
*< Give injured slaves their rights again ;
" Let truth prevail, let discord cease,
" Speaks and the world shall smile in peace.'*
The Resolutions are,
" Resolved unanimously, " 1. Thai war,
the wretched artifice of courts, is a system xi
rapine and blood unworthy of rational beiogs,
and utterly repugnant to the mild and bene-
volent principles of the Christian religion.''
'^ 2. That if the present war be a war of
combined kings against the people of France,
to overthrow that liberty which tliey are
I struggling to establish, it is in our opinion a
war of the most diabolical kind.
'* 3. That when public fasts and humilia-
. tions are ordered with the same breath which
I commands the shedding of oceans of buroan
. blood, however they may answer the purposes
[ of state policy, tiiey are solemn prostitutions
• of religion."
I " 4. That the landing of Hessian troo|» in
this country (a ferocious and unprincipled
! horde of butchers) without consent of parlia-
ment, has a suspicious and alarming appear-
' ancc, is contrary to the spirit of our constitu-
tion, and deserving of the marked indignatioQ
of every Englishman/-
I ** 5. That it is high time to be upon our
guard, since these armed monsters may in a
moment be let loose upon us, particularly as
the erection of barracks throughout the king-
dom, may only have been an introductory
measure to the filling them with foreign
I mercenaries."
j ** 6. That the high and freeborn minds of
Britons revolt at the idea of such a shfish
j system, and cannot be so far broken, is to
kiss the hand which would chain them to its
' will.
I "7. That peace and liberty are the off-
spring of Heaven, and that life without them
is a burthen."
" 8. That the thanks of this meeting are
due to earl Stanhope for his motion anu spi-
rited speech for acknowledging the Frciich
republic, and restoring peace to our distressed
country, for his motions and able speech ia
behalf of the persecuted and suflfcring patriots,
Messrs. Muir, Palmer, Skirvine, and Mar-
garot, in which he nobly stood alone, sod
also for the whole of his truly animated sml
benevolent exertions in support of the iqjiBtd
rights of the people."
*' 9. The thanks of this meeting are als»
due to Mr. Sheridan for his nervous and do-
quent speeches in the cause of injured f*-
1501]
Jiyr High Treason.
A. D. 1794.
[1302
triolism, and in support of the constitution ;
ausd also to every other member of parliament
who has nobly stood forward at this impor-
tant crisis in support of the constitutional li-
berties of Englishmen."
" 10. That if any thing had been necessary
to have convinced us of the total incfiicacy of
argument against a ministerial majority, the
decisions which have latelv taken place in
parliament would liavc fully confirmed our
opinion."
•'11. That therefore the people have no
remedy for their grievances but a reform in
parliament ; a measure which we determine
never to relinquish, though we follow our
brethren in the same glorious cause to Botany
Bay."
In the next page— "The London Corres-
ponding Society united for a Reform in Parlia-
ment — Committee Room, March 20th,
1794— Resolved, that the society approve the
sentiments contained in the serious Lecture
delivered to the Constitutional Society at
Sheffield, on the twenty- eighth of last month,
and eamestlv recommend it to the perusal
of all who think civil and religious liberty a
** Resolved, that the commanrling a gene-
ral fast for the purpose of imploring the Di-
vine Father of mercy and peace to support
and prosper us in the horrid act of deliberately
destroying our fellow-creatures, is repugnant
to the true spirit and principles of Christianity,
where we are commanded to pray for our
ienemies, &c. and farther considermg that a
great part of the people are unacquainted
vcith the nature of the present war, either as
to its justice or necessity, every endeavour
being used to keep them ignorant of the real
principles and designs fur which it was com-
menced, to approach and to supplicate the
Omniscient Puwer under such circumstances,
and for such a purpose, must iudeed be dread-
ful, since knowledge and conviction are
wanting ; the worse than hypocritical hearts
of those who are the authors of such a mea-
sure, although they at present impose upon
the ignorant and credulous by such detestable,
such pretended show of devotion, cannot es-
cape the chastisement of that Power whom
they thus insult, and from whose judgment
there is no appeal.
" T. IIarot, secretary."
The next paragraph is :— " Society for Con-
stitutional Infurmatiun, March 21st, 1794.
" Resolved, that the secretary of this so-
ciety be directed to write to the Friends of
Peace and Keforin, at Sheffield, and to assure
them, that this society views, with pleasure,
their steady exertions to obtain a fair repre-
sentation of the peuple of Great Britain, in
parliament, and the proper methods which
they have taken to employ, usefully, tliose
days which may be appomted for public fasts.
'* D. Adam Sy secretary .''
This publication; and the resolutions thus
entered into, on the Fast-day, at Sheffield, re- '
ceived the approbation of both societies, the
Constitutional, and also the London Corres-
ponding Society.
William Broomhead goes on with his evi-
dence : — he says, that the society consists of
about six hundred ; that they never amounted
to many more ; tertainly not to two thou-
sand, they had been represented to be of
that number in some papers, which led to
this explanation. The distribution into di-
visions, or sections, was not regularly kept ;
that they were to meet as they thought pro-
per ; but that they were to collec t a penny a
week each, to make a fund; he says, that
that part of the business was not properly at-
tended to; the district meetings were not re-
gularly and properly attended to. — lie says,
that a gentleman, from Halifax read the lec-
ture, and that the pamphlets were sold, but
they had not a very extensive sale ; the wit-
ness himself composed a prayer that was
used upon the occasion ; the copy was deli-
vered to the printer, and it was settled, at a
private meeting of some of the members, that
it should be so printed.
They next go to the proceedings at Shef-
field, in the open air, on the seventn of April.
1794, which are also in print, and were found
upon the prisoner, which, I think, should be
read to you. — I have only to observe, at pre- >
sent, upon this paper, that, as to the general
libellous turn of it, nothing very material to
the present question arises, but that there is
one passage in the petition, which may be
very material for your consideration, where
he talks of an impending storm, connecting
that with the date, which is the seventh of
April, 1794, it may be hercaller matter for
your consideration.
[Seepp. 613, e/s^y.]
I thought it necessary that the whole ot
this paper should be read, because the paper
has been very much relied upon in the cause,
and because diflcrent constructions have been
put upon it by the counsel in support of the
prosecution, and by the counsel on the part of
the prisoner: the importance of it is not
drawn so much from its general extravagance,
as it is from the particular circumstance that
it purports to resolve, that the body that
were then assembled at Sheffield, would peti-
tion parliament no more, and would try some
other course; what was meant by petitioning
parliament no more, and what was meant by
trying some other course, will be a subject for
your deliberations when you take this i)aprr,
with all the circumstances that preceded it,
and that followed it, keeping in your minds,
that this is a paper which was published
among a very numerous set of people, assem-
bled at Sheffield, just about the time that the
proposition for a convention of the people
was under consideration, in a committee of
correspondence and co-operatioo of the tw<i
societies, the Coti^VViAiot^uA Cw\«.ys^^
^^ _ _ pie against ihe
:icty : it WAS a rgfl to Uie people to arm
ajrainal foreij^n and domestic enemies; Uwl
tile advL'fbc parly to iiim, and hU friends^ al
Slicffiekl, liud givtin out, that they sliould be
able to do nuiUUig wilti him, nor bU parly,
the society, till they could causa a riot ; that,
from llus, he understood, that arms came to
be Uilked of; that il was to oppose illegal
force, suth as had heeu used at Birminghiim,
atid at Mancliesiter ; such as was against the
bw of the land; he says. Gale had, in his
hand, the hand hill, at the time they were
talking of amis; and there were several re-
solves printed, iti his paper, the week follow-
ing, being a direct answer lo it, mentioning
something upon the matter
Being a:»ked, if any ot the people in this
society to which he belonged, had any idea of
making any attack upon the king, or the
House of Lords, or had any idea of altering
the government, in thai respect; he says, it
was as much his intention to fly to the sun ;
he says, his object was, to enlighten the people;
to show them the ground of all their com-
plaints and sufferings, when a person worked
lor twelve hours a day, and could not get a
living ; that was what he understood oT it;
their object was parliamentary reform; as
such liicy corref^ionded with the Society of
the Friends of the People, as wcU as the
Cons^liiulional Society ; he says, he would
not 'have been a member of this society, if
there hud been any idea like that of attacking
the Kmg, or the House of Lords; he does not
think there was such a wicked man among
them; that parliamentary reform, in the
House of Common?, was their abject ; thai
the idea was, that King, Lords, and Cummous
'~" , vutli Ihe concurrence of the nation,
a rcftinn; that no one^ in Sheffield,
being «3
have beti.
some part in
that they, ti
I'eoplc, were liu:
promised ton<e
were not ^a*
about the Iv
the haiiil-i^'. 1 h ;.! !,. ;. j,
they puMi-l.*';i a r- 'JiU'. : ^
they took ihc same v^otd
advertisement, as hi*<l b<
hand-bill, an^ t . i ;. : -
calling upon
invaders, ami ^«u..m -iiv vnt
He was askcd^ as he k
thrcatenctJ, whclh'- '' h-^r.^j
had applied to u
He stales that (
I active members nt this t
papers, and th^Al ttie
domg It; by which he
they were more vinleijii
been ; that they wiuketi
having a good opinion
that the resolutiti
sian troops, was l^
bill; he knows liuuungi
that was sent at the time I
responding Society, bjr 13
any thing of it, tiif he was
his exanaaatioQ he for
He says*, he cannot ans*
was in this society; if
men among all bodie
Davison, ithe seat ilie 1
his knowledge. There '
lions of the date of the I
, 1794, of theConstitutiui]
1 iwcuiielh of Murctu,
1303]
Jqt High Treason.
A. D. 1794.
[IS06
was quite fall ; there were between sixty and a
hundred people ; that Yorke took his leave of
tiie society by a speech; that he talked of
going to some place, which he called Bcl^i"
um ; that he understood him, he was to head
Um: French army, and that they would be ripe
for a revolution by Christmas ; what was
really said, how this man must have misun-
derUood, we cannot very well guess, but to be
sure it could not have passed exactly as he
understands ; and what he meant by, *' they
would be ripe for a revolution by Christmas ;"
whether he meant, that the part of the
world, where he was going, would be ripe for
a revolution, or whether he meant, when he
came home, they would be ripe for a revolu-
tioDy does not at all appear, by this man's evi-
dence, anv way that you can depend upon ;
but, he adds, that he hoped to come to Lon-
don, at the bead of them ; that is, I suppose,
the French; and he talked of having the
honour of being a member of the convention,
in France ; he noped he should come at their
head, hither; that the society would join
them ; that Mr. Pitt*s, the other ministers',
and the king's heads, should be upon Temple
Bar ; that the king and queen of France had
met with what they deserved ; that the Sans
Culotes were a set of brave fellows ; and he
hoped, when he came, that the societv would
not shrink from what they pretended to be;
he said, it was impossible to do any thing
without some bloodshed ; he said, that there
were a set of brave men at Sheffield.
lie says, that the niglit before this conver-
sation passed, there was a man at the meet-
ing, who came from Shetiield, who said there
were pikes at Sheffield, at six -pence a piece;
another man answered, that it would be right
to have some ; it would only be living upon
bread and cheese for one day. After this the
witness says, he went and discovered wliat he
knew to Mr. Dundas, and the lord mayor,
for he thought it was proper government
should be let into the light of it ; he was first
asked to go to their place by a friend of his,
one Smitti, a delegate ; he was asked to be
niadc a member ; lie was there seven times
in all; and this is the whole of his evidence.
You see the substance of it is, he gives an
account of a very extravagant conversation,
supposed to have been hcla by this Yorke, at
the meeting ; what you will make of it, is for
you to judge.
Upon his cross-examination, he says he
was a linen draper; he resides now at the
Rose, in the Fleet Market ; that it was at the
latter end of the year, 1793, when a friend
asked him to go with him to one of those
divisions; thai VVhitehorn said Smith had
asked him ; that Smith, Ashley, and Baxter,
were there ; that nothing hap|>ened to offend
him that night; some papers were read;
Whitehorn had belonKccl to a Society in
llolboru, which the witness did not know till
ai^rwards; that, for hU part, he nevtr wished
lor a relcrm in parliament; be aidd, ttiat he
had read a paper which they ^ve him, to two
or three of his friends ; he said, he went the
second time to see what they were upon ; that
he had not, at the first time, been desired to
so, but that he had been twice after he had
been at Mr. Dundas's; he says, they all shook
hands with Yorke at parting.
lie says, he is not now in emplovment, and
has not been since May; he had been a few
months at Mr. Kellerby's, in Finsburv-square,
who was a linen draper then ; he has since
let his shop to another person, and carries on
the tayloriug business ; he had been before at
Mr. Faulder's, a linen draper's, in Holbom,
almost two years ; he says, he was lately
engaged with' a Mr. Marley, in liolborn ; he
left him on Friday last, telling him he was
going out of town ; the reason, he says, foi^ *
doing that was, that he thought of going to
Shemeld, and it would not be convenient to
pretend to remain in place, when he could
not stick to it. lie was asked, what passed
the other nights ; he says, he has no parti-
cular remembrance of any tiling; but the third
or fourth nicht he saw Yorke; he heard Yorke
say, he had been to Newgate to see Mr.
Fmst; he never heard Yorke mention any
thin^ about pikes, and he says, he does not
think Yorke was at the meeting the night
that the pikes were talked of.
Gentlemen, if much depended upon the
credit of this witness, there certainly arc some
observations that go to his discredit, upon this
cross-examination ; at the same time he is not
contradicted as to the facts which he has sworn,
by any person that comes from the division ;
it is not possible to say, that his evidence is
not to have regard paid to it, having regard to
it, still you wiU take it with those allowances
that you ought to make for an acaiunt of the
sort that this man has given, which is not very
correct, and not very intelligible, in every part
of it ; it does seem, upon the whole, if his evi-
dence is to be depended upon, that Yorke was
at this meeting; that he was then going some-
where, and he talked extravagantly, and of
coming to London to head a revolution, some-
time about Christmas, and hoping the society
would join with him, when he did come ;
what is to be the etlcct of that upon the
whole of the case, you are to judgp.
Thomas Whitehorn says, he is shopman te
' a bookseller; he became a member of the
j Ixmdon Corresponding Society the same even-
ing with the last witness ; he says, he was
there four times ; he saw Yorke there one* ;
' there might be from forty to sixty people ;
another says, i think, frum sixty to a hundred ;
the room was full ; Yorke seemed to be very
well known ; he made a very lung speech ;
he heard him speaking very loud ; what it
was, he cou'd say nothing at all to, hut he did
. understand something of his going abroad ;
I he himself hail lived with Mr. Owen, in Fleet-
street ; afterwards he went to a Mr. Bagstcr,
in the Strand; he taw Aleimoder after i^^-
but that he hlviMK W!\ ^Soib tMR^i^^Xl
rihe king oi rrLtuce; he
>aw him at Uic t'as>ile-liill, iu the nionUi ol
April; lie used lo dress his hair. It waA the
tMlfipikMlk uHhc town, at the time Ibc armi
Sfst Mg^n inukm^, and he nude a dozen of
pike shufis for Gale ; thkit Yorke inquired
when they were made ; when he had fjni<»Jied
one, he curried it to Yorke, and askrd him, if
it wtiuld do ; he said, ^-es ; iie took about a
dozen and a half; that Mr. Wilkinson look
thcni ; he under?»tuod ihc;^ vcre to be used in
their own ddence. Yoike u^ed to s*y, he
wanted iinivcri!al suBVage,and that the society
were all for that; he says, there was not
much dispufin^ about the mode; that «tome
weeks before Yorke kft Shefhcld, he (the
witness) di^asrecd with him about this uni-
versal siitVraL;f ; he told him he thought the
plan would not do, that they would cany it
i'"« i^r ' u, wliirh Yorke said. ** I have
ng else will do i* he says,
1 I; they difFered in senVi-
ment| an<i bad no more conversation about il
— he said, he expected to be paid for the pike
handles by the people who took them.
Upon his cros^-examinalion, he said— that
he wa^ a friend, in general, to the king — that
Ihc society, iu general, were— that be would
i>ot have conlinued in the society if he thought
they were not— that the first notion they had
vi univcrsul suffrage was taken from the duke
of Richmond's plan, which was read in the
society, and gcnemlly ap^irovrd of — he never
\ini]cr'*too<i that il was meant to do any thing
by force— that he did not ihink the people's
iniiids were prepared fur it (by which I under*
bland hmi to mean, prepared for the plan)— j
h« thott|;ht ftl firnl tlial it inij2;ht be done |
was a
ness renhed, that he ho[
such idea; that if thei
arm themselves in thcji
ihcrefure they thi.n^^Ji
thtmsclvcs, He i
ncvtr mode a pan
hatl no thought oi any
sort— he says, that Vj
get warm in convct
speak, but he had no
was not well-alVccied t© lh«
to Davjson*^ IritT, he kn
and he 1
who g;*
This 1?^ Liie MTM
of this pbn of re i
it was ; ami t- ^
high rankai.
and who havi .,..,.. ..,.^ ,,,
debate and promvilg.ite the
the political s^late u( the ci
commit them to the press in
this was commivtea ; the
which is, that it is in the p
to disperse them to any «
meitns they find their way i
persons loo often uneqiiiU
examining and discussing
they beconte by tUnl mea
infinite mischief to tl^
this is the general h
reform, that has thus i*juu<
minds of the lower orders ot'
say, a lesson that I think t
property ought never to f*urg;<
Gentlemen, the next vvu
Hill, a citUer at St ^
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"'II' J'l' ' '.f ;i'»ii'!.::;' .'.'.'ty /l'[iii»':'l 'Ui 01 is as it is, aii'l (lescrv:;!^ cvtry j' i:u?.'>
fi-/» J.' I 'If,-. »'# ;i»»« ,,/| !.».': <o;t ■.»!»'! iiM.'.il -o- Mir-fit 'A'hich thc law ca!i iiitlict. — Trie wii:i'">6
'lii/, ").'. .i|.|.«.M.f<'t SI/ [.M.'in*.; ;ih<.r'.^ar'i>i •■avH, ii*: tii inks he received it in (Jctobtr '.v
Wi' / Mill . iliii 'l.'i* v/.j i ;i *l«f,.ii/- .il»',ijt ttt#j ; Nov*:ri.hf.T; if so, prob«ibiy what he received
Willi' ;' . ij" .i» III' ;m hi f.il ";iiiMiilt'*f. (if Ho- | WIS fiot lUU'd thc Ist of April, as this pjper
If.f/iiif », It It I /'.ill :iijfj li.ixtfi v.|,/,ki; I i lion tliHt I is, hut WHS (lilted the SOlh of January ; that
fill. .ill . ili«ii n.%-. .1 f|f|,ii!i-^ ;i1mi, ;iliout th«; ! datf! a^vrr-es with the subject you see, and is
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l*ri*.or-, w.'.ich y-y
<'jliv..n-.
d.i
'. '; .t
•.;.4l Afrijni vi:.:c:i
11
an 'J not
give ,t
rriv.'*:, c-nurnioa>
■1
ihiiliil '/111. ii w» If III hi- pr(;M:nlf:f| to ihf: juiy
whif hiifl III ijiiillf il r.ulriii.
• •• *"'>" '•" ^"* |iii«i««nt nt ihf itif'ctiii^ at
• fmiii , I hill tlir iiif.rftiipr wuh to have
W III Stiirf Nirnoi, 'rotUiiiluiiu.coiirl-
not unlikely to have been the real date of
thiH paper ; whether he is correct in saying
he received it in the month of October orNo
vcmlier will depend upon his recollectioD.
He says, that from Chalk-fttfm they went
13]S]
Jar High Trmtm.
A. D, 179i-
L13I4
ta Coropton- street, where hi* divisioti used to
meet ; they ' ' id there till eleven
o'clock; Ih . — He says, that
there w,4» h niLtuu^' uiui* the id of May,
1?94, *t ihc Crown' and Anchor- tavern, at
which he was j*res€nl» havni«: a Ikktt i;ivcn
him hv Mr. Joyce for Ihe unnlversary dinner;
tlmt tfic address from tlie Gluhe tavern Wii^
reaiJ before dinner at that meeting* and dis-
tribiile^i afterward*; the paper which he
spoke ot, tie received at Ihc I hrec \\\xi% on
Snow hili, whieh was after the ^oth of Jh-
niiary : therefore, 1 iinppo?»e that paper was
the sicldreM hum the Gione-tavcrn, according;
to his former evideucc,"* he says, he has been
at Thetwall's [etlurcv— tliai the otice of pikes
wa^ to be a ^lnilmg for each blade.
He w'd'i liskfd kis to Go>hn«^ and Hillier —
he saysi, he knk*w% lheo> ; ihey came to his
father's house on the Monday, he mmtioncd
before there having been a iiiccttii|cappoifiteti
in Green Arhour^LOiirt, to lay down money
for the pikes ; tiie meeting was postponed to
the following Fridtty.— While Go^hnLC and
UiLtier were with him they heard Itiat Hardy
wa* av I (that accounts for their not
having- ,1 ; he did undrrst*ml tbey
Hietnt tu iui\L' .illPiid' d thr : * 7 on the
Friday— that fir wm^ recunn 1 shafts
to T>-— r-''-^— 1-- < ^ piUi. u. liimself:
\v upon the Wednesd.iy
all was in custody, being
•fraui It should be fuund. He wa% a^ked if
he had a ma^jic larithom ? he &hd he bad
one — that it had nothini; hut the destmction
of the Basititc and the beheading the governoi
painted on it, — He fays he knows^Uillkr;
that he had a pike, but not of the same con-
struction as his.
tJpou his cro«s cxifini nation he snysi he
became a member of the Corresponding So-
ciety la^t Jidy was twelve mouth ; that \\tt
inaJea pike b>r himself in m^^' >< 1 791— he
aay» be neard Vorke at Uol -house
aay, that they had pike** at ^ and he
Miya, he untlerstood ihatRevcrdi mem hers hud
fuTnwhi*d them^^clvcs w»th arms— be jwys, it
vi'1% just about the lime the He»*<»}iU troops
had oren l»inded without the consent of par^
liament; but he Mys he had no inienlion to
use Ibe^ic arnv* d^ainHi Hie irovernmont of the
cciii V ' ■ ' ' '' me who
Hi
t- aft« he
Sa^i", »M' nui
.> MMU-*. M Ml V .l-C Xhftf
»hould he ixu
aspersions of Ihc meet.
in^i, n< 1^ >
I* '-<l |H>wer» btil unlv
df^amvi
L) them; thai a
great ih
id been shown to
tlieir meeting* whirn they propoifed to
ciate>
He lays. Hardy wa* always
the divition: h*» nrvrr it*^\
i»hieb h« produced ; he says* he doe* not know
V ■' ''' :.' that; he does not think
^ ed of it; the first bill
vv.i. u. .;..ui;*ri cujuun. Hc undcrstood Har-
dy knew who the persons were to whom he
wtts to bcnd for pikes ; hc says that the pikea
were made at the time the Hessian troops
were landed. He had notice that there were
Home spirited Resolutioos by the ShcflScld
Society; he learnt it from a book he pnr»
chafed at Eaion*s shop — He says that his
society met without the use of any weapons
for two years previous, to that time ; but he
heard that a di*isiun in Bnnhill-row bad been
often interrupted by the polite officers.
Nowj liie malena,l fact upon this J'oting
man's evidence with regard to the prisoner, is,
that it adduces pretty sirons; proof that ihft
Idler had been received by Hardy from Davi*
son^ and that be had, in fome ^ort, acted upoit
it ; whether he had proposed it publicly at tho
division, or no, yet that he had ^uch a letter,
und couid tell them where those pikes were to
be gf»t ; in con*e(|iience of that, he made an ap-
plication to Hardy ; and in consequence of <
I ^>Hlion, there was to have been s
I the J^arroi in Gr».'en Arlnjur court,
^v H [ 1 . ^^ j^j^^.g Dikes were
ht \u\ . certainly connects
Hiirdv .u. ..«^.i. |'>r.v ., r>o far as ttiat Iransac*
lion goes.
The next witness is Sanmel Williama; — h6
says tt€ is a ^un engraver; thai hc wu:i n
member of the London Corrtsponding Society;
he knew Frankio^*; he saw hmi m his owu
hon^r ; he was also a member of the C«»rres-
pondrnj; SfM.ifty; that Pranktow lud applied
to him to make some arms lor him ; Im saw
the fea^t advertised, ami went to Hardy for a
ticket ; Hardy naid, il wai* uol nsiml to give
tickets to those who were not me«ubers ; he
gave bim one of the addrebsCs, and iard,
it wa% fur a reform in piirhiMient. The
witness says, he j^ave Hardy ah order forsomc.
fch*H"i, which Hardy made ; and then he told
Hardy, he was 10 a line for celling giin^;
Hardy desired him the next time he came, to
hnnji a gtm wuh bun ; hc brojtrht him one;
H«mly sold it, he then gave Hardy tn order for
31 pair of boots; Htrdy bid him brmg two
or three E;uns whieh he siild likewise; and
t was in rhe house, which wa* not
I he prisoner was apprehended.
.1' ^M^, hf Knows Spt'nrc, at Little lAirti-
»t4ie; he h;\cl i^crn h rank low there; hc went
tn Sin 111 I '\ t., iii-pr.K I pcr^otrs m the m;imiai
tof Mr. 1 ranklow; that
t 'lie or two pair of stjiirj
room, lietwpen rij»hi and ten m the >• veiling;
anrl hii thinks that the ctirtaiii^ of ifie roofn
♦own ; they used to meet on Thursday
Ki» s»vs, h*" b<*r:ime a member by
' "lion, about a fort-
' f hi.s lirst teeing
' ' the
vol.. XXIV.
1 ♦f'
yr.^-yn
J5ISJ
■: 'VEOfcSE iJL
.^. 1r*i' V. •:.•..— .••'^-
*/>" ,1 .*.'. i .; *r J..i
t^ r * ».'-. ,.- /I H , .^
t/. . .... i ■
*V"/y, 4 ... •. .», .ir.*.v.*-t.'. •» '.: ^jts:.'.^r. .
f, ... ;.<■. «,»♦ .1. xr. 4 v< "'x .t"-ti**_ »i., EX.'.
' z*. ^ . *< . . . I . i«j- 7 '■. -■ i^fcf .-. :^i .-. Ji -,ri.-4 U-'. t.1 .
r..^ • ^ I- ,. :i , -•<'. ; ;• r^Atf . * V t, sift ^:;ACt-
U- ; '.' /^.. . .?. f;*.M: <-.•>• I: -r -.-,.:>« icrsjt
'*: . ' ...•*•* .-..IS.":!: •.-^. v.^'^.Jtt^ ««y«. &«
J. .. . ..,: 4.. ?^:^. r .*^*:<. m.*. ".i.^ ; trjert "••re
ri4»i/«f. 'w^^. i!'.t tft ;»'> 1:4.. '^ifi ui^ y^ir.^i, of
l^:(*fi«t . , f; it »,.»•, j.f'.j. ',*#■■: to rj.«.fje icitc
sii»',«*i 4 ;,.:;.j./.«: .Uf I fiKrin ; >/•:?, from c^n-
Ir'.'cjti .11 •*:ili I r .liki'/W, !♦': \itti\f.X Wr^A, tij^l,
i; l! « y 'l.'l fi«.» :'«.». 4 IfAorUi Iti \t'itii'^ft»'fAf ih'y
».'»». j'i i.'i/f It ),j i*,tu iti ;i;nM ; U.al nofi^i liUt
f..'.^* i»»»/-f|f|#r| tr.i . f^rfiiyfrUi A*.-^/CwUcfi.
Y'. . •'.*, ifiM ifi^ii s-j.^iiiTs of c»ri*, ^hich
J.' i('[.iM'l \fi \\^t\f yM(\ lo frauklow, for
ti.i* J^ri.lf«:iii A* v/^r.i,:tii,ri ; i%itii r«.':;%rH to
v.i.'if. K' .ij'.jiiM'l r/> M-ii'lj, I tliiftk )mj c;in
)...')>' rn <: iiiii/.N iiii{iiif lU'/ii lr'«rii tL^it upon
ll.T'Iy , i» J .1 liiiiM.^l rr/||M rii ill traHf: ; Uiis
ill jii L* "ifi \\ l,y I, I'Mii; '.li'/is 'A JIarrJ\ ; aud
li': jiiliiiLili 'J ii; llarrly th;il li»^ w.ih in ihc
;^!.fi liiM- , III /'«ii'.<.r|iii iir<: tA wljif.li, llaniy
i; iv<- fjijii .III i*r(l<:r, iiiid h': iMV. li;Lr(iyano.
IJ,' . j.i'Im, jiji'I iIjMi Ihuf}) ;mv*- hmi aiio-
II.' I «ii'l«r, .iii'l \i* (li'|ioi'l o[ fiiir-kr,ts tor
l.iiii, wtii' li ti(. iiii«4)il <l<i, tor ;ill tliut I 'Cc
/I'.in lliiii ji.iii (it ill*; Ml I', wry inrior:f;nlly ;
liul il li.i . ■./iiiif:wliitt fit iidiftciMlt r4j|iiplf;xion
Willi If nil I \At li;jiiklow\ A'-^orialloii ; for,
i! .Miv tliiii;- r. to |>4- <»h|rr.t(-(l li> (hat associa-
li'/ii, tliMi- 1-. i./iiiifiliMi'.'; to ohj«(:t to Hardy,
Sin liiiviiif; ••iviii till . iiiitii a rsinl to I'raiiklow,
4ii'l flH litl'ilili);; III-. a'Vii liitldll.
Now, ih.il tills u».soi lalioii was to be ob-
!«.< I< (i to, IS «vi<lnil (roiii the i:irninihtaiic(rs
ol ihi ciw ; foi, you Mf, tJiiH is all assotja-
liMit (.iMH (I oil III a |iii\iitf' and claiid<:!)tiiic
iitiiiiiii I . tliiy iiiri 1 III Miiall parties, cxcr-
i.i'.iii.!'. Ill a Hioiii, alii hilr lioiii, the ciirtaius
down, .Hid ( III itiiiKtiiiirrs of roiiccaliiicut, and
a rMjiM'.ilincnt, vny contrary to wliat inif;Kt
bii f-k|iri li'd in till- oiduiiiiy ciiKtr of an aHbocia-
Liiiii, v^llt'l^ |M-iipU' iiri: iMoiid of tlicir arms,
;ind III .i|i|T.iiin!; \\\ \\w\v unitbrm ; so that
iioihtu,'. semis (ii a('( omit tor tlu'ir pnKTcdiii;;
in lli.it I l.iiidoHtiiic iiiaiiruT ; tJitrcturC tht;
l^iiilirth As%«M lilt ton M-nns un ttShuuicd name,
Itlld linl w:illi4Ulcd by tlio ri'ul ciicuiustauccB
Bsr£j
T-itJi:-:* ■•Ml. Sid-« iii'W*tf.-y^s s ae I
• i:j! ---' LTa.* : Jii^ ar ic« sr-sce«r c «
N .'Ifrv . ::« ttj?. cc-vn i, vesica' «f I
'-: irj! Cc.T^sOi'^nftfic %xar^. Be ^-«i7 fpe
V^ utuait «t Sf«££e'i. cacfUHK inca. '
z^'.Msz & t^«ULsaxid z>nis : b« tans, tsat ii «»
k ta^.z br be;cA^'iii« ca{p«at^. id muHe
^>j<ch aa crd^r: and thcrewre t&«?v «u k
ff^ore cocveriiuoQ abcot k : I id act think
ir.tK:i i& to be made cf UttC ; the Boaa «« &
isUaaz^ ; Uariv did col mf pear to yotn m tbt
c6ri%«TS%tMD ; it seems to ccd m nothBt:
^hd I do not thiiik jguciq cortuxct it w ai tc
make any thizis out ot it ; tberefiore I 4o bbi
mean u> it^te it as • circucutaoce iip«Q«bich
ytAt can raue any thing.
The neit witness is George Saodenoo, who
<saya tbat he waA at Sheimerdiae'*, k the Bo-
rough, upon the second of April ; be nys. he
went thei e to decide a bet ; tbat be saw tbeie,
about v^ven or eisht stand of arms, and soar
intn €xerci>;in?, who belonged to an amxd so-
'.i*iy ; toai they wxre members or the LondL-£
(orre-j.ondin^ Society ; that their nucibers
u'-re about twenty-six or twenly-?even ; iie
'^.ly-t \iH might have seeu aboiil*twent>--K...r
or twcDty-five together at Shehnerdioe's ; he
suys they objected to him becatue he vas not
a inciiibtr of the London Correspooding So-
cirty, hut they admitted him upon his f.'x^*
niisini' to become a mem}>er ; be under%*oo<2
thiit tney were to obtain a reform of pariii-
nicnt at the point of the bayonet ; he does nor
nicnlion who said that, nor what the particiiiar
expressions of the conversation were from
which he collects tiiat, but that he colkclfd
it trom their general conversation.
lie says that they adjourned to the house
of one Day, in Worcester-street, where there
was a private committee, who had settled
certain places where they w(;re to assemble ;
he says that one of Uie meetings was •!
Spencc's, another at a shed in Westminster,
near Totliill Fickls Bridewell; be alteoded
pretty constantly, sometimes at Spencc's^
sonictiincs in Westminster, from the clc\'coth
of April to about the iirst of May ; they were
tauKht the manual exercise by one Orr, who
had served with the Vrcnch arn>^» who vas
also a member of tlie Correfipoiiding Soriety ;
he says that Shelmerdme wa« a batter> tut
he fretfueotly changed bit men ; and Ik sud
one rcttson tor removing Irom SbdamtbDt\
H7]
jw High Trmsmu
t at « meeiias of
a member cncti-
iich was not pro-
►' docf not »cera l^i
Air, Pill was to go
tlm Ibtj tUdiif bt some of his men
i HOC lie staunch to tha tause ; t)mi wat
I af)ras^ioau
He Rays h« -w-
fclivi^ion in
a cinnitK
upon, a I
to miicli ; thlit
over one of \he brid^fTH ut twelve o'clock at
sight; aomr^ ' il it wan very improper
to toakeaii' ' ufion th;tt, urn} nothing
morepasK^ «, ^'" -'v^-- ♦'-— - hii*l hcen
ncwa of a defeat of ^ \ which
they of this society tfi ^^ irw*; he
aay^ that one of them f«4id iie hiul the pleasure
to iurortn the society that one of tlie king's
UnemB^giiB had been killed in the country ;
BoMmr aaid if n btiil tjeen tun own ^on he
ahoiiU Sia^>e baen glad; he savs theri.^ were
iraiueat intiinations to take care of %p\es i
thai there m^% a proposition th^t ten should
tncetat one house ^-thnt is^ nine of them to
meet at the houi»e of th« tenth ; itiey talked
«f blowing a spy's brains out, The witness
waa aaked'what he was, if he was not a spy —
he layA he waa; Xh^i they were talking of a
reform of parUament at the noiut of the
1)tyonet ; that that appeared to be the inten-
lion of this armed society from the genera]
converwition.
Now the dfrimi^ljmce mentioned by this
w ji ■ ■ * 0 peiiple
w< <n ot a
$' Hill
Ti... '.-.1-
hemQOi. -
to the cu<ise» e^ nt
auipicioti th^t till .mg
tor no good purpox'tOf ^itid lbi«i llii!) i^t iiicre-
<bee» a circumstance wliich docs make pnrt of
the case which is now ttndtr consideratJon ;
Ibr it ia, I think, if thi^ evidence Iw true, im-
IHMSihie to suppose thut this w itir
vohjuteer society, who wrrc iig
llwmtelvcfi t - •' ostensible |m.i jMj^t % t-it-
Bftmd in tl ^; thev st4te strange
ihllt their nundD^ at intst, uiu»t have hn tj m
m etate of very great irritation^ and ibsii they
Imid designs not fit lor honest men lo enter-
taiiif ancT which mu»t create real apprehen-
fions in the minds of all those who know
lliai iuch def^igns wert conceived by such
loeo.
£dward GosHn^, who wai also a member
of thtCorre#.p«*nH -■ ' ^ '-fy, says thiit upon
the lift«eiitUi of *, he was admitted
a. f|iefnh<>T - t.tiiil i.^rn. ,i niMii-i.Hli:*!}'
had dr
sfeol lo
*'■■■;
he
that ha V log ^«a
.^imto go 10 HUlicr
acdiltoui pataf hleta
A« a tTM. [15184
thert, he thought he might be able to leam I
from bim where tin- man was: he t^jlj
that he eonrluded Irom the circiim^T^nre
these pamphlets bemg; sold ther. ^
was a member of the Corresponds i
—that led him to inquire ol H ^
man; he ^y«, he was propo^r
communication with the r MJt nc
attended afier wards in o( jver whc^
ther they really had any inn niiuu Lu ann.
Me says that the division he kkelori^d to
was number eleven^ meeting in Norihaniptoiw
street, CJerkenwcll, he did not rf^iolleri th€t
sign, but the man that kept the hnn-^e wa3 '
named Holt; he says I hat there was somtfj
conversation about the meeting at Challf 1
Farm» which had been on the Say before*!
that it was said to be necessary to arm fop 4
the purpose of defend) ngt the Convention id
they had done in France.
If this was a fact well established^ it would
be a very s»tror»5 fact indeetl in the tsisc'j
because when you onre suppose the nlea tcp '
be that the Convention was lo meet without j
arms, to act peaceably dud in order, and thut j
the others were to defend them with arms/ (
that would give that Convention a completion
to be ftire of a very dangerous natuTC indeed^ (
and would go a great way to warnni every '
thing that has been said of it. But you will
remember that this very strong fact is staled
by a man of Gosling*! descrij»lion, to whonr
some ejccepiions ui point ot credit lay, Ihe'
weight of which you will weigh in your
niiiMs.
fio t^i c that the Convention was to be^
Jiout six weeks; thsil they talker)
^ i. Ji^ force by force, if Mr. Dundas
should bring hi9 Scotch lawii into Knjjbod;
that the expression used was, ** The inlaraoua
and ever to be detested Court of Justiciar/*
ia Scotland ; he says that there were one or
two hundred thousjirs i the pri*cc«d«
ing9 and resoluliont ordered to bo
printed.
On the Monday after this, he fiays be wai
n? - •' » ' ' ,,...,.:... .^ Qj^Q Morris'if
r that divinion,
i.. . ' r sixteen and
tweiH was recora*
mentli -relieved; ho
says that he and Hillicr went to see thif
doctor Hoil'4Mm, who, I take it, wa^atthat
time in Newgate ; they tound Lloyd, lioussel^
and a captain Williams »^" Anunrjin, with
Hodgson; there was a '*ith
doctor Hodc^'^on^ he askr i r he
J' ■ ■' \ui_,i\, by
V4H to btt
di>i^jMt luvt^' '^K' i^^t.u the xiut
of arms at one ^ ; that it was
:iltn(i^.l Mwlv - I to hr Cilloil
: he
J, - ■ , , ^ ■ ■■ iJierif
w^re fio uiea oA ftoperty among ihun^ t^
JS19] SB GEORGE lU.
TriatoflUmm Hwrdy
11300
which Rousael made this rq^ly, that as soon
as they were organised^ money should not be
wanting. That will also be a ▼ery stronc cir-
cuinstance in the case, if yo«i should be of
opinion that this witness is deserving of
credit. He says that Lloyd gave a toast —
" The world a republic or a desart.** Doctor
Hodgson said he hoped soon. to see a Revolu-
tionaryTribunal established in this country, for
he hated all others; Roussel said he was gcnng
from thence to TbelwalPs, and he should set
off next day. Uillier asked if he was going
to France, he said, yes.
. The witness says he was that evenins at the
division he belonged, to, the eleventh division,
that one Wright, a delegate, was thercf ; that
when he was coming away, Wrisht asked
him if he had got anyarins? he said no;
Wrieht told him it would be necessary that
all should have arms, as possibly we might
Benaet,andHiUier wwealHiHia^aBdtOBM
other persons at a pari of thk convwition;
Baxter said there was no danger to beappie*
bended for Stone, that la the peraoa appre-
hended for high treaaoo, Ibr he bad too nudi
firmness to let them ^et any tbiu out of
him : he said that the (SHnmittae of Goms-
pondence and Co-operation weie prepaiiog
an address to the army, with soma strong re-
solutions, and he said that prudent and dete^
mined men were wanted to propagate the
opinions contained in those resolirtkips ; hs
said that one Moore had beeo particuiafiy
active and successfuL in getting over ths
army; that thev had moat to fear horn ths
youns recruits, tney had succaedcd beat wift
theoTdsokiiers; tluit if one-third of the anaj
were got over, the others would not do mocfa.
Then the fact was mentbned of Baxter^ hiv-
ing an interview with some officers;
very soon be compelled to use them ; he sa^s i Baxter said one of the ofKcera said to him.
Gordon was their secretary, that Gordon said
lie was eoing to America, tiiat he was very
sorry to leave the society just as they were
going to act a» well as to think, and to rege-
nerate their country; that he should take
floroe copies of their spirited resolutions to be
delivered t(» the popular societies in America.
Hillier mentioned his not having got a mus-
ket, but he said he had gut a pike.
He says on the twenty- 6fth of April he
was at Hillier's house, number eighty or
why do not you blow them all up together.
He says, that Baxter asked him iAie kacv
who would buy a pike, the witness said, bt
should have no objection to purchase lae,
but it would be of no service unless he knew
how to use it; he says, Baxter saki, if he
would go the Thursday or Friday foUowin^
to the Parrot in Green Arbour Court, in Ihs
Old Bailey, and ask for one Edwards, ha
would be called out to him, that be was to
tell Edwards that Baxter had sent him, then
eighty-one, in Bishopsgate street; that there < he was to have a pike, and that he would be
was a person there whose name he was told ' *-'--• — "■ "- --^ — --^ « -^ - •^-
was'M icksly, and there was a drunken man
there, and a man of the name of Bennct;
WicH^ly said he had received a lelter from
Shelheld, stating that there had been a nume-
rous meetinjj there, and that they had deter-
mined to petition nu more for a parliamentary
reform ; that there were some knives making
of a particular construction at Sheffield ; that
the letter contained a drawing of the knives,
that they were to be fixed to poles, and they
talked of tlieir use heing to cut the reins of
the horses; .that the principal dependance of
the society consisted in securing the royal
family and both houses pf parliament. Hil-
lier said if they could resist the first shock
from the army, there would be no danger
afterwards : the king bein^ secured, the army
would have no head to look up to, and would
introduced to others with whom be
learn the use of them, that Edwards wss s
very clever fellow, and could teach him, that
pikes were much cheaper than muskets, that
muskets could not he supplied on account of
their expense — and that people might do
niisch^f if they did not know how to use
them.
The witness says, he observed they mi^bt
have a parlianientarv reform without coming
to blows, upon which Baxter said ; ** Is there
a man in the society, that believes a parlis-
nientary reform is ail wc want ? No, not one''
—he said that mnny men of property bad hi-
therto kept back on account of the sanguinary
conduct of the French, but that they were
now willing to come forward, as they were
\ convinced a revolution might be effected in a
i few hours— that he, Baxter, did not wish the
he glad to accept the additional pay that I king or any of his family to lose their own
would be ofi'ered them ; that men would not
fight for six pence a day if they could have a
larger sum ; he says that nobody objected to
lives, he thought they might 20 to Hanover,
but that it niu.st be expected that some bk)od
must he shed, for some particular persons bad
all this He says when he was going away, ; ofi'ered such insults to the people that human
Bennet went out with him into the street
that his conversation was so violent, and he
spoke so luud, that he the witness checked
him, for that persons walking by would take
notice of what he said.
He says he knows Baxter, that on the ninth
of May he had a material conversation with
Baxter at Hillier's house ; he says Baxter
atated that he had been with Mr. Joyee, who
3nt 4wetafy to ead ^Ul^lope; thfit A^Ubp,
nature could not overlook.
He says the conversation af\erwards Uiraed
upon Thelwall's having been indicted, in
which there was nothing very material.— He
said he attended most to Baxter's coovcm-
tion, because he was informed be was one of
the Committee of Correspondence and Co-
operation. Baxter said many tbousand pikes
were making at Sbeffidd, thattha haa^ weit
only to oome. Igmi theneay wd tbi^ tliqy ^rcia
Ml
for High Treaion,
to be stocked in town ; he recommended ibal
iiolhiog of ihgt should be mentioneil at aoy
V> the divj^on*, lill Ihc new conslitiition
fthould be iiduplcd. tor there were *|>ies in ihc
society ; tltdt 11 would be udviseuble tu lei the
French prii^uner* out, \t the emigrants resisjlt'd^
that the emigrnntb should share the fate cif
the Swiss itt Haris, He mentioued the name^
of Mr. Fill, Mr- Dundiis, Mi. Keeve% and
c:r persona who had olfered such iusuits
kthe people that buninu nature could not
look.
He &iiys, in going home with Baxter, he
utider!>tood trout couverj^ation he had witli
Uim, that the address to the ariny, wa,!} to set
the troops »ud the emigrants, to be embodied,
at variance^ und they were to say to the aiiny^
that they had ftworn to %ht for the king and
CQuntry, and il they were at variance, Ihey
might Lhoose which side they pleaded ; ihi&t it
would be proper to enlarge upon the severity
of their u^aj;e, and Hie !»nmUne«4S of their pay«
but they must tirst sound their pnnrinlr-s anfi*
if they <ound the aoldiers were .
Iheo they must not go on. He sun u
respect to aJl these ctrcumstancen, he com-
municated them firom time to time lo Mr.
Wickham, that he g^ve him iatclhgeace of
M'hal passed*
On liih cra^s-examinalion^ bo is a«kcd wtmt
situation he wa% in^ he suid he kept a hroker*s
shop ^ be IS asked >f he did not deal in king'*
fttore^ he %aid be did ^ay to a man to wiiom
he wa5 unwtUmg tu give his namc^ that he
dealt in n«ivtil i»tore»« thuiking that would
^ut the mnn off from any farther inquiry^ he
bjiys thitt he is employed by a magistrate, to
Wor^hiji-^lfcct, winch oceaMoned him to say
that — he drnics that he lived by smuggUogi
and cheating the king in his stores.
He wai* usked if he ever went by the name
of Douglas ; he says he did for six years,
while be carried on the business of a liair-
dreuer^ which is ten years since, in Petty
France, at No, 3. He says his father
had a shop of business in the city, that he
wiahed lo go out for improvement, and did
not like to appear as a jounieyman, when his
father kept four or five men in his owd
boiiae ; llial his takin*; the name of Douglas,
tvis a mere »ccident;il circumstance.
He was asked if he knows a Mr. Lincoln,
whocollects rent* for Mr. Macnamam; he says
ke doe». and that he borrowed from Mr. Lm-
€olo, li'ur or five years a^o, leu pound, or
ten guineas^ and gave him x note tor it, in
the name of Douglas^ while he bore tliat
name, which hjiv betri frince paid. He aays
Mr. MacnMnia.ra came to him lo the coJ}'ee>
bouse, wtjeri! tie and the other i*i»«i«-^^-n
l»ere; Ihm he hch.ived so ii) to li
wts much tlurnetl, umi ilul not kn* ._ uc
•aid ; that. Mr. Mar rue to the cotiec*
house to him, and the note would
&ppe4ir against him li it wns not paid.
He wgs asked whetlier tie had not by in-
^ry e?[pretaioiiS; «Ju:itcd thfiae peopk
i
A. D. 17^
to say the things which be had Mated-*be
says that he may have appeared to have ap-
proved of what was doing, btit he never did
approve of it — particularty that he n«ver
Siiid, " why don't the society leurn tlie use of
arms/*
He is then asked ^s to a Mrs, Coleman,
who had lived with him, and died in his
hou-e; he smys lie made her will, and that
no partnflierpropcrty was left to her relationa
— he is a^ed it & brother of a former husband
bad not made hume charge against hiiu— he
says he never heard any tomplk»int, or anv
charge against his conduct respecting the wii),
but that a brother had come ttp lo make a
claim. He is a^ked if he knows one Cox, n
cheesemonger— he says he has dealt with him,
and he did not use him very well, but nothing
turns upon that, for he is not called.
Then there Wds a print produced, which
was found upon Roussel, it is an engraving
of the manual exertise of soldiers, ^ithcaps
upon tlieir heads, intended to be painted red
— you understand that it is the cap o* liberty
DOW worn in tVance, and is a sort ot signal,
by which men who entertain these opinions*
may be known.
Gentlemen, I stated to you before, that this
witness has given very important evidence^
tending to show the dietermined purpose of
this Convention to use Ibrce against the king^
his family, and the government— If this man*i
evidence can be depended upon, be certainly
blali'S FJaxlcr to use very strong language, so
iiuhscrcet, that one could hardly have thought
thai a man would have ventured to use— and
on the other hand, the observation made
upon this, is certainly founded, that this man
is ool contradicted with regard to the testi-
mony that he gives, and that all they rely
upon to ^hake his credit, is wliat turns out
upon bin cross examination — the account be
gives of himself, of his having told a roan
that he dealt in naval stares, for a vile pur-
pose—having borne the name of Douglas —
(laving acted about in that sort of way, and
going there ior the purpose of living inlbr-
mation to government. GentlemeD, it is
your province to judge what degree of credit
you think ht to give to this man's evideoce.
The next witness, is John Grove* — he is
another man, whose credit is more directly
impeached than Goshnsi's has been, who
also speaks materially, tt his evidence is triic«
He says he was at the Globe tavern, on the
twentieth of January, 1794; he became a
member early in the month of February, he
was desired to becomt ^ ^, iu order to
make a di**covcrv' ; hr was a very
lar^e assembly, he bcii^^< - .^ii .Martin witt
called to the chair, who read an address, and
Mr kniit*r ri- ul it over again ; he does not
r r I r u I ar toast w bich waa dnnk,
btii were read; and by a pafier
titat was printed, he shotdd be able to refresh
hii» inoniory — he savs in general, the coiiver'
sBtioii wiA uoiveml sufinige, aod aniiual t|&^-
almost tdl other functions of the goTernment;
that he recommended a convenlion, in order
to procure an nufti pa rliamenLs and univcr!^]
ftiSmec; and that he recommended a new
nodeiling of ihe House of Commons,
Ub VLytf be was at Chalk-fann ; Hardy
was there ; that Lovett was in the chair ; thai
there were printed papers dispersed ; there
was a letter from the Currespondm» Society
to the Friends of the People, carnesllv soHcit-
ing the cxincurrence and assistaruie of that so-
ciety, in assembling a convention of ihe
fViends of freedom^ for the purpose of obtain*
iotu in A iegal and c^nBtitutional method , a
fyll and effectual representation ; be saya, the
answer was read from the Friends of the Peo-
ple to the Corresponding Soricly, dated April
the eleventh, 1794, and then tiieir letter; a
number of resolutions were put» and two hun-
dred iliousaod copies ordered io be published.
Groves says, he went to a house in Store-
street, Tottenham Coti-rl lioad, where the
meeting was to be held ; he went part of the
way wiib Thelwall ; he says there was a urit-
ten paper upon the door of the house, in
Store-ftreet^ stating tliat ihe ropcting was to
be held at Chalk-farra ; he says, Lovett was
in the chair; the principal persons who spoke
and acted at that meeting, were Lovett, Itich-
ter, Thelwall, and Hodgson ; thai Thelwall
made two or three speeche*; he says, there
iri4 a clamour went round that there were
ipies and informers there; Mr, Thelwa!!
9aid, he was for admitlins all spies and in-
formers there, because the nunili^ of the
members of the London Corresponding So-
ciety could be no agreeable news to the mi-
nister ; he says llichtcr re.id the resolutions ;
thai Eichter liopt reading to make some ob>
opened^ it pn
- ?ds
it was fixed straight foniart
one; somebodj eaid, thef
chme knives ; upon that
was a smile ; be *ajs, he U
as harmless instriinaen is, c«
where they were to be li
might have Bome ofOreea i
Green was to be found ; ib
perfumer and hair-dr
Ijdcester firld^.
He says he went to Gr
knives; Green said, he 1
and three hundred ; that
speak very low ; the par 1^
which was adjoining the \
and said, for my wife its a
that he attended the n«ceti4
Pearce* when they were j
if you strike wilfi ihem,
knives, they will not fly
that oiirposc ; he says m ma
found fauit with the coi;
knives ; he said ihey iT>i^
that they were not eqiiall
He says, he was at a i
scription was proposed
which application was reject
of the violence of his rondnt
another reason, if the ^
right, that he was not
her; be said he was pres
and Anchor tavern, uj
May; that there was*
February, when an
was read ; that wa^^ dif
number ibree, in Compton
so late as the tifth of J«
be proper to read that ]
1
c;kfne» while ihny werR iHprB, of »nmc public
eveia ; Irm I ■ ^
llml It vr«ii
Ihtit there W4S .1 ^iJii^, ciMcti " 1 ne l rf e
C'ou»Ululiou/' dviivered util belorc dinner,
tt^ii ilierc Wiis a piipcr on each platc^ but he
dots noi rrcoJk'cl what it was ; he believes
Mr, WhiMitni waa in ihc dmii; th>a Mr.
Uoruc T(jokc wiu tluTe^ ami the prisorif-r
It arc) Vt was there; thjt when tiie tonipany
canit^ iiili> the fuota, the French pupuUr tunes
live re struck up, %n<\ tncotml, uml ttifry pl^vecl
altaofiit the whiilfs ofth« i)*' Nlnr^'U
k»is niiirehf Cii ira^ and tli uol^ and
Umt il I scerje oi tkLppin^,
He ^ I m rj« r M r . H or n e l'o«k c
Nid '■ J uj ihc company; he pi€^
§n hy ;ju observation^ timt he
%\> jf.nv 10 Ihr rfMjni, might
b uuint spy, am! to
' ih- ' - j'd to audress him-
fell ; ajiil the witness says, in consequence i>t
f kis addressing him&clt to govermnent sjiies,
' he did titlend to whul he suiid ; he begged
the company to take notke^ that he was^not
inebriated, lor, having sooietbing lo say lo the
comfniny, be ^oirfc cure to refrain from his
t
floss ; and for fear of being ini»takcn, and
eing taken to be in a state of iiitoxie:ition;
he brgi^^d every body present tu tike porlic u
lir notice of w nut he
i ItMUH
said ; he ealiiid the piir-
lr*-.| ^in I- iif riirriinl u,ii - -inA
t- iirpofieol
Mr lite conn-
try. 5 oi i^rds, the
iieredii tf that s-kip-
ck, nauiiug a ^XiUicui^ir kmi, could be con-
dcrtd a3 one of iho heredilarv imbilily ; he
: !*4me of the House of Lord* a« of the
of Commons, ho said the junto be>
{ the two partic^K wa& in order to atnu^e
t that poor man, the kinc ; he «aid, I bat
action of pajtic» in ttie ilouie of
ifn% was in order to abuse mud dtMve
c»pk of thin cciuutry. lie My»» Mr.
|t speech wai received with grout ap-
that tb(;rc wat a »oi)s: but^;, U> the
rof *^ God »avc itu; kine/* but not lho«e
He Hay**^ that Mf. tfome Tooke tung
'ilveneofiho tong; he had for^
-4t waft.
^ croftS'CuuuiiiiimtiOfit he says he
bujiMMMe of » eofivf jeiKcr, and
It T.. two and twenV'v
%u attorney; he wat ti«kr
H lohcitLH Ih said ht* <i
r by the i^tr
Bit* . Iw* WAi a
IhImc; a M)itcitijr t(>r pri»»«rui
iOn^r*; tit Mid, when llielw: I
ver9fid,thatThel«»;dlr-
lum, than h»f upon i
not
I'fi-
">n-
i»ou
el Ih^
ipoke ^i]^My oi tnc nfTcuii-ar>' uooiuiv
eouiitrj ; be said, they had io»t thetr weight
>i- btate, by the introduction of the new
lily, who h^d been uitroduced into the-l
iiuut^t; of ix)rd«* by meaxte ot their conduct inn
the Houi^e of ( 'umaions ; he taid he tpoke
fi,.r«jv ..t ikvr. -.fiice of the king, in the conslWJ
i , that the new made pecfrs^
t; iitroduccd inio the ilouse
Lurdft, either had oouibined, or were
bining, for the purpose of amusing that [
man, the king; that the king had lost his i
true weight lu the constitution, by means or]
this cof ruptioo ; be sa^s the object of all his*-j
conversation wa9, that improper people were
brought into the Hoitse of Commons, and
that iht reby the evd complained of arose.
Tht!y then read a io«^ wliich was found
at Harder s iifjuiet in a kttcr addre<>fted to
I Urdy^ without date; that^ongmua be road,
[Sec p. TO 1.]
Con tie men, I would oh serve to you, upoi^ I
this song, what perliaps may occur upon some J
other parts of the evioeni^e. It wan fuirly ob- i
•erved, ^n the part of the prisoner, that tber^]
is a great deal of dtS^ereore between tliis aort j
of loose pn^i«r« found at his house, in the s^-l
tuation be wa* in, as secretary to this pepy'
MMTielf , to whom, therelore, ail sorts of txii ^
woulcf of course be ad '-- ! which, pcrliap^*^
it wouhl be prudent i but every raaa !
■-^ i">t, m that respL'L., y,.... prudent; thiH |
h a vast difterence between thii swrt of
L. ;;, and a paper wbich had been commu«
mcated, and acted upon^ and made therebj^
the act of the party hiiuself, by hi& own con*
duct upon it; the evidence could not be re-
jccted, becatt»: the keeping such papera is
£iome reproach to a prudent uiasi^ and aftnr^^J
some evidence of the improper conneiioB
tbrms, in con^ecjuencc ul whiLh all Uicsc sort
of licentious things come to him.
The next witness i^ Jtt^- '^ — fpson, who-
proved the finding a fukr
Wdliam Carnage is Lli^.. ..,^....ucd again j
he says, that be taw Margarot tn the Tolb
at Ewnbtirsh ; that be had a sprtDf; knid
upon hta table ; tliat it was liard to ^hut, arxt
by hia description, something Ukc ttie»c SheC^ i
held knivas; he savs he never aaw one at i
ShcfHeld ; thnt this knife lay publicly for him '
to ^' liner with; tliere were six or
arrci .cseol; and it was ahowod to
biin !^ knife.
LI* "11 ^yt* he became a member
of tiic 1 ^jiTr>|H»ndmg 8o£iety, in Iktober,
t79S;of Uie diviaion number twelve, at
•Mjl^n of the Mi'»''*"'M Hi»i^«- .j^i^t|^i^i|f.|||,j
\lAnsion iiou* ^ n^civi
rnlf B of the m^ . address
%o<ieiy. in Man hi, tt^^T; having
thexc paper « lie intimalcd to the
the hoitfte, thai he thouf^ht it would be
f^fff^i* ftit hmi lo permit tlw divi»ion to o
isc; that he, therefore, doclined to"
rtixi« tLi bis hcHue ; he »ayik Uic di-
vjiioti aufioiancd to the Crovm in Kew$al«
J
imfT] S6 GEOROE m.
stieet^ tnd he 'wm accepted u a member of
thit society, upon the twenty-ninth of Octo-
ber ; he says ne was at the Unicom^ Covent-
gatden, at the ^visba nmnbertwo; that I
take to be Hardy's division; that there was
a faurge meeting; the room was full ^ there
might be seventy or eighty people there;
Haray appeared as secretary ; be says Paine's
Address tu the French nation, was voted to
be published, and delivered out to all Uie di-
visions ; that a paper called the Rights and
duties of Man, was to be continued weekly ;
that the delegates had received addresses,
i^iproving of the society's addiess to the Na-
tWDal Convention; that the delesate of the
divisioD reports to the divisbn what b dime
at the committee of delegates.
It will be proper here just to observe how
that stands.— By the constitution of this so-
ciety it is divided into a great number of sub-
divisions, as many as they have opportunity
to make, oonsistinc of not less tnan thhty
members in a sub-division ; each of these di-
raions choose a delegate to represent them in
a general committee of these delegates;
twfaKh general committee of delegates act for
the soaety at huge; and all such matters as
are thought proper to be communicated to
the divisions, are brought back to each divi-
aion by the delegate of that division, and
communicated there.— That is the way in
irhich this machine is framed and carried on.
The witness says, upon the thirty-first of
October he was at toe division, number
twelve, at the Crown in Newgate^street, when
the Address to the French Convention was
read, it having been brought forward before
at a committee of delegates. On the second
of November, at the Rainbow, in Fleet street,
there was a meeting of division, number
eleven. There was a report that the society
at Stockport had written to Sheffield, that
they approved of the difierent meetings.
There was a letter, which was a pretty long
one, in which it was said, that it would be a
good thing to send, as he understood it, the
Ijondon delegates down to teach the farmers
pohtics; this letter was by the editors of the
Sheffield paper, intituled the Patriot, and this
was written to the delegates ; this is after-
wards produced, and it corresponds with the
witness's note; it is much fuller than his
note, but as far as his note docs go, it corres-
ponds pretty much to the pa))er ; only instead
of sending delegates from London to teach
the farmers politics, the proposition was, that
the societies should send delegates frum their
respective bocieties into the country in order
to enlighten the minds of the people. — He
says, there were six honorary members of
the London Corresponding Society admitted
io the society at the Crown and Anchor.
A certificate of Hardy*s election to be a de-
legate was then produced; it was a paper
found in his possession.
lynam then went oo with his evidence : —
b^ •«»^ he waa at ft meeting upon the twtlfUi
TfUd qfTkmoi Ifmrify
tta/B
of November, at the Uniconi. of £t
number two; there were verylou ,
at the readii^^ a letter ftom Banow to the con-
vention of I*rance~(he says, it waa eithdr
Barrhe or Barlow ; he seems to give but a
blundering account of thai, it certainly waa
quite amMher sort of thing). — lie aayi^ the
number of the society in London was stated
to be six thousand ; it waa observed, that the
divisions in Spitalfields were increasini^ m}
soon would be eqoal to all the other diviima
of the aocie^.— There wm % letter horn
miyor Johnson, from Ediobui^h, disapproffa
ing of the address to the ConventbB so i
—he says, tliat the address wbieh Ihcy bal
ordered to be sent to the Natiowa " •=—
in France, had been ordered to be pubfiAsI
in France, and sent to the eighty three da^
partmenu in France.— The society at 8bi^
field had sent up their address to the cooh
mittec of delegates, who had forwarded itta
the National Convention of France. Tbt
next meeting was on the twenty-first of No>
vember, of the division number twelve, at the
Crown, in Newgate-street; thcve waa a lift '
of a congress to be hekl ui Scotland.— A
charge, which had been deKvefed by Mt,
Justice Ashhurst to the grand jury, was rcadi
—It was reported that the society aft Nor-
wich wanted to know if they meant to coae
into the duke of Richmond's pbm, er Id tip
up monarchy ; they suspected this waa la
draw them into some unguarded eipieHteSr
and declined answering.
Gentlemen, you recollect, that letter was
read, and that when they did answer it, the
answer was more guarded than some of the
letters of the society ; it was such an answer
as might naturally lead one to think that
there was some suspicion ; it is a curious cir-
cumstance, that in- the notes of this man, who
attended the divbions regularly, and took
notes as being a delegate, it should be noted
that they suspected tliat letter trum Norwich
did not come from a friend, and that it was
meant to draw them into si^me scrape.
He then speaks of the branching off of s
new division, number twenty-tlirve, fian
number twelve; and this new division net
at tlie Ship, in Moorfiekls, on the twenty^
venth of November — he says, he waa i '
a delegate of this new division he waa reoon*
mended by his division ; and it waa piupoisd
at that time that the public should he infens-
ed that they were not levellers, and tlial tbey
wished to avoid all riots and all resistaoee ;
that tliis arose from the magistrates havii^
interfered with their meeting — that the eon*
versation was, that the first cnaracteia at
Edinburgh belonged to the cause, had (brmcd
themselves into a society, and called Iheih
selves a Convention of delegates.
Upon the twenty-ninth of Novenibar, br
says, he attended a meetmg of drtegata M
the Sun, in Windmill-ttreat ; Iban wm
twenty-two delegates preeenlLT-Hia notamw
that dpriaion elma BM r *'
e
fw Higk treaitm*
ton from Islington ; that a society was in-
tended to be formed there. The sub-commit-
tee brouzht forward their answer to the Crown
and Anchor Society, which was referred bacii,
and another answer was offered, drawn by a
eentleman of the name of Vaughan, counsel-
or Vaughan, who was a visitor then from the
Constitutional Society, and this was approved
with some alterations ; the words " dymg in
the cause" were struck out ; it was directed
to be put in the Sunday's paper; and that
fire hundred bills should be pasted up, that
^ey were not levellers — and if their funds
were low, Mr. Vaughan said, the Constitu-
tional Society would print for them.— They
understood that enemies were setting into the
society ; tliat five divisions had been scouted,
as he called it (that is, driven from the places
where they met) — that Margaret proposed to
write to Mr. Pitt and the attorney-general,
that if their meetings were illegal, ns would
be ready to surrender himself, but this was
over-ruled ; and it was resolved to support all
prosecuted members : — he said, he wrote this
minute at the time.
He was then shown a note, which he says,
he received from liardy ; it is in these words
^addressed, Mr. Lynam, No. 31, Wal-
brookc; dated December the 4th, 1799) —
'^ Citizen Lynam ; you are requested to meet
the Special Committee this evening, at seven
o'clock, at the Nag's Head, Orange Street,
Leicester Fields. I am, your f^nllow citizen,
<« Thomas HAaoY."
«< Please to inform any of the delegates
aear you, that you know, but no one else."
This is a circumstance, in some degree, con-
firmatory of Lynam's general evidence. — He
Bays, he went, but he has no memorandum of
any thing that passed.— On the eleventh of De-
camber he was at the division, number twenty-
three ; it was reported there, that the London
Corresponding Societies' rules had been intro-
duced among the soldiers. — It wasreported that
the Irish hvA been scouted as we ban been, and
that thev had applied to the council, who had
declared their meetings to be legal ; that he
understood by that, the privy council. — He
aays, their funds were low, and the divisions
wererecommended to subscribe to the publi-
cation of the Address; three of this division
Wferwl to stick the Address up about the town.
—It was reported, that Baxter, who was a de-
legate of the divisk>n, number sixteen, was at
the meeting at Shoreditch church, and that
he opposed that meeting, and that he was laid
hold of; and in consequence of that, seeing
that he could not resist, he threw some of the
Societies' Addresses amonsthe people assem-
bled there ; and he complained he was very
ill-used, his coat torn, and he was stnick se-
veral times in the chureh-yard; he said^ it
was a meeting to support the constitution.
Upon the thirteentn of December the dele-
kgates met in Kound«eo«t, id the Straod;
eighteen persons wefc present; Hanly w««
VOL. XXIV.
one.*-It was reported, that the magistrates
were aAer Littlejohn.— One Field was chosen
assistant secretary. — ^There was a motion from
the division, number four, that a letter should
be wrote to the Common Council. He says,
that Ridffway was to publish Margarot's letter
to Mr. Secretary Dundas: the project was,
that this letter was to be written and carried
to the post office by Margarot and two others.
— ^The letter was dated the fourth of Decem-
ber, 1793; and that they might be sure it was
sent, they took a receipt from the pos^ office.
The letter to Mr. Secretary Dundas was read,
recommending a reform, and to protect them
from all interruption. — ^That letter must be
read.
[See p. 771.]
Lynam says, his note goes on to state —
That division, number one, recommends that
it be represented to the public, that confusion
may be expected, hut that if riots ensue, our
societies will aid the magistrates, and that
copies shall be sent to the masistrates ; but
take care that we say, that no disposition ap-
pears of committing any riot, and that we wdl
persevere in a parRamentary reform ; but if
prosecuted persons were not found to be rash
m words or violence, that it is proper for the
society to protect them— he says, I do not
know whether any thing was done upon that;
there were many things agitated in the com-
mittee.— The delegates of the division, num-
ber two, Hardy's division, proposed to bring
forward new-shaped cards of admission.— A
letter from Norwich, siened Cosens, vras read,
mentioning roeetinss being held there^ as
well as in other puiceSy to support the go-
vernment; and asked whether the Loncmn
Society had signed to support government. —
Margarot proposed, that should not be com-
municated to the divisions : what the reason
for that was. is not clear. There was a letter,
dateil the fifteenth, from Paisley, expressing
their willingness to correspond with us, ana
mentioning twelve societies formed in August
for a parliamentary reform. There was a let-
ter from Edinburgh, of the eleventh of De-
cember^ to call a convention of all Scotland,
to be ot the same opinkin, and the title of the
Society was—" The Friends of the People"—
Archibald East Hodge, president; William
Itcad, secretary.
He SRYs, that division, number thirty-three,
met at Crown Street, upon the eighteenth of
December ; nothing passed tliere. Upon tlio
twentieth of l>ecember, the delegates met at
number thirty-one, Compton Street; Haidy
was present; two members were dcputefl
from the Constitutional Whigs to know if tha
Corresponding Society would concur in an Ad-
dress to the I riends of the People. Division,
number twelve, recommended to petition par-
liament before Mr. Grey brinj^s in his bill (br
parliamentary reform— Martin recommended
not to publish any thing ; that the timtt wmM
not do; that they eQ\skittf^^tax&%^\0K'*^s^
i 4Q
1531] S.5 GEORGE HI. TM rf Thomas Hmrdy [UST
trea«urv. Ni;rr.ljcr siirteen move* for the At- j from the Roman Ctlhorxs in Irehcd, wb*
leL'Jite* to <!cifcriiii:ie if they shouM sign the : were of the same mind with thenHcive*; and
Address at trie Crvwn and Anchor-, and this , the application was Xn them, to s«e whether t
was lett to cvtr>- man's discretion; that is the j commmiication could be opened vith them,
address tiiat had been formed there, by ano- ' Ilard^ was present.
ther par*y, in support of government; the! The next is a meeting: at the division noo^
qucrti'jn was, whether tliey should sign that her twenty-three, January tne eighth, ia
Address; and tl.is was left to everb^ man's ' Crown-streiet, Mcorfields. He says, I have
discretion, but to avoid it, if possible. Marga- ' got down here, tliat the declaration — I wp-
rot wrote to Cozens, that we will not sign'at ' pose the declaration mentkioed before — it u
any of themcetiiizs. " I the opinion of this diTisiony that it shouid be
There is a conimunication from Norwich, rejected ; it was agreed likewise, not to ad-
that five cuineas had ( cen sent up, in order ; dress the king at all. It was aajd, Mr. Grey
to have Mr. Fox's speech on a parliamentary : would not bring forward his mc»tion tor a re-
reform, sent dowTi to tiie persons from whom ! form, unless petitions were sent to parLament;
the money came ; and they were to publish ' agreed to petition parliament by all meaiii»
some hand- tills to express a dctcrmin<itlcn to and not to address them,
persevere. Five hundred copies of Mr. 1 ox's I The next is a 'meeting on the lenlh of J>
speech were scut accordingly. Division nuni- ' niiar\-, 1793, at niunber thirty-one, Old-Cocnp-
ner sixteen proposed to give tickets to soldiers, ' ton-street ; seventeen delegates attended, rf
to admit them gratis, itthey chose to cuter; : whom Uardv was one; the declaration wu
but that they shall be warned o\ their danger : , ordered to lie upon the table ; then it was
this was not agreed to. Division number ' agreed upon, that no written paper be brought
twcniy-four moved to publisli our determina- j in, but by a delegate, or throuen the treasurer
tion to support the magistrates, and persevere ' or secretary. Margarot reported, that the couor
in a parliamentary reform : this was agreed
to ; and Margarot was desired to draw u up.
A petition from Carter, who was employed to
fctick bills up ; that he lost a place of twelve
ahil lings a week. Martin had been directed
to defend him ; and there was a subscription
to defray the expense. Ilidgway had com-
niunicatcdy that be was ready to publish any
thing the society chose to send him. It was
observe*] by Miirgarot, respecting Mr. Fox,
try correspondence did not shine ; there were
very few letters ; he reoorled that lie hjd
sent a letter to the Friends of the People, at
Free Masons' tavern : the answer was read :
that thcv expected to obtain an effectual re-
form ; tbev were desired not to mix fbcei{;n
politics wfth home poUtics, and to avoid isy-
reign correspondence. It was remarked, th»t
this society, that is, the society at F'ree Ma-
sons* tavern, never brought Torw ird tneir prin-
thai lie had gone as far as could t7e expected; ' ciples ; and it was determined not to ccrret-
but tiiat they were not obliged to him; for he » pond with them. Bell observed, that the adr
w t^ lorccd to avow what he had done. Mar- dress to the National Conventi<in of Frma.
tin reporlcd that Gay had cn)ployed Carter i proves that we mean their laws here ; t»
to stick up bill:j; and that he had bturk them which, according to this minute, MargiQOt
up ill the morning, instead of the evening, as ! said, no doubt ; others said nothing,
he was ilin.tted; in consequence of which, he i That, you see. is the most uiatci
wastakt.n up. The next i« number thirty- these papers 1 ha\e hitherto read to you
one, Compion-slrcet, a meeting of the dele- - tliat, in the course of the conve^^.ltion at tiiu
gales on the twenty- seventh of December, j meeting of delegates, respectiu-^ tiieir addresi
The prijjoner was there. FUich delegate was to the N'aiiunal Convention uf France. Bell
to take the sen^^e of his diviMon, on the pro- ■ said, it proved that tricy mettnt the Frencb
priety of admitting soldiers, and on what I laws should l>e e>t.ibh>lied here ; to which
term's. ' ^largarot said, no lioubt ; Uie others said up-
He says, upon the third of January, 1793, | thing; Hardy was tiien present,
there was a meeting of delegates, at'number j He says, it was observed, tliat a plan which
thirty-one, Compton street ; Margarot was had been proposed, of the addition of a huo-
chosen prendent; Hardy, secretary; Field, dred members to the House of Commons, will
8ub-secre*ary. The distresses of one Thomp- | not do; it will give them niurc ad\anta^.
son's wife were laid betore liic meeting ; he ; and keep us from a proper reforu). It was rfr-
was a member, but had gone away to France ; ported tliat one of the Irish deieiz-itcs had
twelve shillings and sixpence was collected tor ' agreed to correspond. At a meeliiig on the
her. TIktc was a motion came forward, for. 14th of January, at Hardy's, Hanly said, bf
a declaration to the public ; two divisions ob-
jected to it; the declaration was proi>osed to
be published ; the objection was, because the
declaration said, rather have a constitution
had dispersed lifty of our addrcs^es, aud
twelve of Keirsant's speech.
The next is a meeting of delegates, on the
17 th of January, at number tliirty-one, Comp*
without a king, than a king without a constitu- ton-strceL It was reported that uuietecn of
tion : it was obserred. that this would be a . the divisions were kept up. It was agreed
thing proper to be wtiiL if thsv wmb npubli- that thev were to debate, and consider whether
cans. AlaiMVt -Md 1 « ><^teen,or twenty-one, was the
« letter. J .volin|;&r amemberof pailfl^
ISSS]
for High Treason*
nient^. il was arinied, it should be eighteen,
because, al thnt Vs:<^, they are liable to be
mititia-men. Division iiuiiibcr twelve re-
commended to consider of a public meeting,
to discuss parliamentary reform ; that was re-
ferred back again, for , further consideration.
Number four proposed' thanks to the mayor of
Glasgow, and to the society of Durham and
Dundee, for uniting with the society. There
were sixteen deleg:ites present. A petition
from Carter was presented, who had received
sentence for sticking up a bill, suppf)scd to be
a libel. A special committee appointed to
examine how his defence had been conducted.
A motion was made for all the delegates to
meet on a Saturday evening, to discuss politi-
cal subjects. A letter was received from Nor-
wich; the Friends of the People want to pro-
pose a mild reformation ; and this society of
Norwich want to know whether they are
friends. One Hobhouse had formed a society
at Bath, and proposed a correspondence. Then
it was proposed to correspond with the Nor-
wich Society, through the means of the Bell
Society.
He says, on January the 24th, there was a
meetingat number thirty-one, in Compton-
street. Two gentlemen came with a petition
from Thompson's wife. Martin thought it
should be rejected. There was a conversation
about tlie defence of the bill-sticker, and also
an account of what counsel had been applied
to, and who did undertake the defence ; there
was an anxiety about the manuscript of this
bill which had been stuck up, which had got
into the hand of Grant. A letter from
Kichter, that he did not dare attend. The
delegate number five Is going to France, with
some copies of Paine*s works ; he had private
notice that they would all be taken up.
Upon the 3 1st of January, Baxter^ the de-
legate from number sixteen, proposed that, in
future, of the quarterage money six- pence
should go to the society, and the other seven -
pence to go towards the expense of the room ;
U was agreed that this might be a very proper
measure to be adopted for the poor divisions,
but not for the rest. It was remarked, and
assented to by all, that, supposing there should
be an opposition, and the two parties should
come to an open rupture, it would be proper
to encourage the two divisions, number six-
teen, and number twenty-five, in Spital-fields.
because they were very numerous, and it is
necesfrary to keep them together. These are
the divisions bctbre mentioned to be as large
as all the other divisions put together. This
last remark, he says, he makes from his re-
collection. Number seven proposed to pub-
lish a letter, which had been written by a
Mr. Law to Mr. Reeves respecting the busi-
ness of an association ; but this was rejected ;
and anotlier publication was proposed. The
reply to the answer of the Friends of the
People, objects that they were not explicit ;
and they want to Imow how far they mean to
go with their design ; and Lynam's note is.
A. D. 1794. \13Si
that they were apprehensive of a breach. Tlus
general sense of the Friends of the People
aid «ot go as far as the London Corresponding
Society, or Constitutional Society, who thought
that it must come to a stniggle : this, he said
also was recollection. Margarot said, they
were getting on fast again ; a petition is not
the mode. "Then conies a material passage
—but yet, it was agreed a petition should be
presented, to keep the public mind agitated
upon the sul)jcct of reform.
He says, upon the firth of February, the di-
vision number twenty-three, met in Crown-
street. It was rrporled, there were sixty
friends to the cause, uiio declined, at present,
meeting the society ; but they are good
friends, and wi<ih them success ; that there
were certain religious societies in the king-
dom, whose sentiments led strictly to repub-
licanism ; they were numerous in several of
the great towns ; naming them ; and particu-
larly in London : and that the societies in
London were just now beginning to orpnizc
themselves agreeably to the principles in
France, and that they were to meet on Mon-
days and Thursdays. It was said that Painc*s
works had been published in Sweden.
The next meeting was on the 7 th of Fe-
bruary, of the delegates, at number eight.
Queen-street, Seven Dials. The prisoner.
Hardy, was there. They were anxious to pre-
serve the divisions, sixteen, and twenty-nve,
as poor divisions; these were Baxter's divi-
sions ; that they would be of great service, if
we should go to war ; this was an observation
of MargaroVs. Many said, it was eventually
expect^ that there would be a rising in
the country. A letter, sent to Bath, has Dcen
gone fourteen days, and no answer, though
two letters have been sent. A Sheffield letter,
of the 16lh of January, by order of the Con-
stitutional Society, had been conveyed to all
the societies, requesting to know how far
they mean to go ; and all were of one opinion
not to petition this year. Hardy was present^
and proposed that there should be a delegate
from each division of the society, to agree
liow to proceed. Mr. Fox has observed, in
the House of Commons, that the people have
a right to alter the government when they
please ; the Scotch and the Irish have done
It. The London Corresponding Society were
first formed to send a delegate to all the other
societies, to determine the best way of reform.
The Friends of the People, in the Borough,
still exist, and were determined to commune
cate with this, and other societies, and in«
auire into their intentions. It was agreed
tnat a circular letter should be sent to all the
societies in London, to meet, two or three
firom each, and couie to some determination.
The question to be debated at each division.
What is the best way of proceeding ?'and
that meeting to ho advertised. It was deter-
mined to write to Sheffield, to inform tliem,
that we will answer them very ahocU^^ba^ ^«%
meaatopiQCfi»i,
IM] S5GE0B0BIIL
Upon the 14t]i of Fcbnivyt 1798, tht
diviaoD. number twirivey chose Mr. Godftegr
ti ft dei^gttte, wbo was needed, being kail
Qeorge Goidoii't mtteniej. My note in, that
tlim was another man m the divinoo, ooo-
^apted with kifd Geor^ Gordon, who waa
nijaclad. TohedetemunedattheneiiBaeelp
iaJL whether Ih^ were to petition pariianient;
W? Che observation it. that it will enga^^ the
fiAlic attention for the present. Afiieed to
oemand a conference with the Constitutional
Society: they are drawing up theetate of the
npnaentation, and are zpm as ftr aa us.
Hm Friends of the Peoj^ do not go so ftn
The Borougjh Society dEo^s not go so fer.
Molhom Society say, thsy are for Republica*
9ipm. The Aldgi^ Society li broken uf ;
and nioit of the members liave jiuned tbe
Corres|XNidiq| Society. There were ahool
ais societies m Lonoon to confer with. A
letter sent to the Constitutionai Whip at
SbeffieUf wynif , there will be a conliBrence
fbout this matter, and that they will write to
Uieffl. Three questions would be proposed
m oonskieratioD'-whetlier to petition the
IMng— to petitwn parliament-^ to call a
conventKMi. It was remarked that it would
be well to decline coming to anyreeolutum
till Uie whole nation are efpeed. Margarei
m^yh the;r ahookl neither peUtbo nor remon-
atratei it woukl be unconstitutiooaL Ra-
Srted that tbe AUcAte Society had tbankad
r. Fox for hie speech, say iag, that the peepla
aoiight alter the cpnatiUition^ mthout gmng
their reasons.
The next is a meeting of divisbn number
twenty-three, held on the 10th of February,
VI Crown-street. The question was agitated,
^bich^was the right age for election, eighteen,
or twenty-one; which was put to tbe vote.
Came io a determmation to petition parlia-
ment.
On the 31st of February, il^ delecates met
at Compton-street. Godftey, who had been
raected and re-diosen, was rejected acain,
but insisted he would not quit the place;
therefore they had no other way of getting rid
of him, but by adjourning to Charles-street.
On Saturday evening, the 83rd, it was re*
ported that a great number of delegates were
Uk town from different societies in Scotland,
upon a reform.
The Constitutional Society have adjourned
ViU tbe a6tb of March, to see what Mr. Grey
3ould do in parliament Agreed to write to
1 the societies, to present a petition to par-
liament ; that their*s was to be prepared im-
mediately; and it was expected theyshouki
have twenty thousand names to this petition.
If this petition was reacted, thev wouki write
to their ^enda to continue, and then wiU be
iim time for all to unite, and to pcftitkai tbe
king. The Friends of U)e Peopk approva ef
Vr.Grey'aremonstraiM. BepDrted that lUi
baak'a fofosiog^ to dkmmifc wouldaaeiM the
>^,HiiiBng .imotyiney, jABsanaed*
i>iifrtoeiibecribet»njpno^yS4
[IS»
IVlpi (|f xMinMi Jrafdy
ipprisonnent lor debt; .,.
actibe; bat theyapned «liej«o«ld taimm^
tmM hom it, that wan worth fddiBUagi
lliQBe was ft letter ainad ianndftlt Certain «r
Curtaia, HielMkofFabiWHyt vtMamm^m
letter of the iiat ; and there waa an naowsr ift
the Norwich Society, that tiwy ^kmk «Im.
Frianda of the Peapte ftPB iModa m tfaa MM^
On the iStti of Frtmaiyv tlieniinuft
iftf of the
aoslerRow.
Mr. Fml and the
derdab, aodthftllfaia
thenewapawa. Leileia
atiff^MiPM»
of FiKraaiy, by aider of tlwc rini^'anii
Thewitnere ^nm Eatraols of tfaa lelllii
agreed to write to the 8hefficid Sodely; tte>
pettbon to iv^liamenl^ though itwon^ ere*
ttt thia tine it will answer ft gaadpv*
The London CoiioipOndingSocMlye
IpBint to petitbn, awl write to aUllie i
m tnia kingdoin, todoeo; it will es
tuUeot to be agitated everv weak; not
belost; andsay, we equally lament the «»}
Gerrald proposes a petition firom the f *~~
Comaponding Society to.ba earn h- ^
to.Mr. Fox to be presantod.
On the 7th of March
m^ Hardy waa there; a. petition to |
ment produced, read, and refeiwd to tnadm»
sionsi on the 98th of March iiew drtaptoe
aia to be dioeen ; Mr. FMnd'a painphlalan
the war to be reprinted, andeachdtviMnto
have one ; a petitum to be drawn out on nil
of parchment, each delegate to have one, aoi
to try what coffee-bouses will take it io to is
to receiye signatores. Upon the Slst ef
March. Baxter reported that there had bam
constables at his division ; a letter dated tbe
16th of March, from the Birmingham Sodeqr
to Hardy, of which he gives extracts b^inainc
Citixen Hardy; repoi^ that theFnendsw
the People had received two lettera from lbs
Friends of Freedom; Grant and littleiebft
were dismissed from their situation as boao«
rary members of the Conslitotional Sodety—
that sode^ wrote to thia socielgr lor ote
honorary members; Grant was dtschai||Sd
because he refused to give up the mamiscnpt;
Margarot made a motion to print a thousand
of Freind^s address to Republicans and Ab6>
Eepublicans, to make extracto and strsH
remarks by Margarot Upon the 08th m
March there were seven hundred and tiigbiaw
signatures, and five skins are not yet btot^
in ; a select committee chosen to make mm
laws and to fbrmdivirions; a select oomautise
to consider of foture r^ulatiooa for the eocieQ
at large, and lor the oonetitotion of gsnswi
prindplee« Gn the nth of April two ti ^'
nad signed this petitson; wroto to tito
of the People, thaidung tfiem lof '
paitialatatooft'
to ha
'Jti^v : i-TkftJii
•i
J3S7]
fir High Treason*
A. D. 1794.
[123B
On the 99th of April there was the annirer*
sary dinner of the Constitutional Society, at
the Crown and Anchor tavern, lord Sempill in
the chair. The witness says they talked very
boldly, and laughed at the fears of the public,
and were sure a revolution would take plaee
in this country. Then come the toasts— the
RighU of Man— may Despotism be trampled
under the hoofk of the Swinish multitude, &e.
On the 9nd of May, a delegate meeting,
number thirty-one, Compton-street, eleven
delegates present;— Mr. Fox wrote to Hardy
that the petition which had been brought to
him went to a radical reform, by which woukl
be understood universal suffiate, which he
was not a friend to, but he woold present the
petition if we desired it; they then desired
Mr. Francis to present it; two of the Sheffield
delegates that brought their petition were
made honorary members ; Mr. Fox's note was
produced, but nothing turns umm that.
At a meeting on the 10th or May, number
•even proposM to draw up a remonstrance
against the war. It was said Hardy had
received an anonymous letter.
At a meeting on the 93rd of May, twelve
delegates pre^nt. It was proposed to call a
s;eneral meeting; there was a letter from
Littlejohn on the 18th of May— proposed to
have a committee to prepare an aodress —
notice was taken of Le Brun's letter to lord
Grenville; this might be thought to have
come from some communication with France,
and they waited to see what notice would be
taken of that letter. On the 90th of May,
Hardy moved to break up for three months,
which was not carried.
Upon the 6th of June a public meeting was
advertised five for six ; thanks were voted to
Mr. Wharton for his speech — agreed to he
printed, and comments to be made upon it;
Margaret to get a thousand copies of Mr.
Wharton's speech. The witness says he
ceased to be a delegate firom the 15th of June.
He says he attended division twenty-three
on the 95th of September— reported that
there was a new society at Coventry, which
was increasing, and that there was a new
division of the Correspondins Society that
net at the Orovc, in Bandy LeK Walk. It
was stiftted that Cniden, of'^ Walwortti, had
written that offensive paper called La Guillo-
tine; it was remarked tnat he \ms siipposed
to be employed by tlie Convention in France.
It was reported that there was a petition to
the king brought forward at the last meeting
of delegates, but it was declared by 1^1 r.
Vaiighan to be treasonable ; in consequence
of which another was prepared; eighteen
new members were made that week; Bell
was going to Ireland, and would establish a
rorrespondcnce there ; a petition was brouglit
forwsrd against the war ; Hodgson was chosen
president, and Hardy continued 9ccretai7.
On the 94th of October there was a meeting
in Hackney-road to elect two delegMS to be
Mnt to the conventiaa in Seotfauid^ M vgarot
and Gerrald were elected. On the 5th of Nov.
it was reported that Hodgson had resigned,
and that Baxter was chosen chairman ; that
Margarot and Gerrakl went to Scotland on the
30th of October; that the funds were low, the
subscriptions not equal to the expenses; that
another delegate be chosen from each division,
to form a sub-committee to revise the consti-
tution; report of a new society formed at
Bristol; that colonel Macleod and Sinclair
were ^le as dele^tes to Edinburgh from the
ConstitutKMial Society.
Then, sentlemen, you heard of an associa-
tion at Lambeth, to learn the manual exer-
cise ; the plan was not matured ; these were
members of the Corresponding Society, who
were desirous of learning the exercise. That
memorandum respecting the association at
Lambeth is so far material, that it speaks of
that association as a thing that had been only
then heard of for the first time, and had not
originally proceeded from the committee of
delegates.
On the Idth of November a division meet-
ing, number twenty-three. Read a letter from
Norwich approving the convention at Edin-
burgh : that the finances are very low, and a
second subscription is wanted to support the
delegates in Scotland. There is a kind of me-
morandum, or sort of instruction for the del^-
gates; a letter is sent to the delegates re-
questing them to visit all the societies in
Scotland. The witness Says, that at first he
thoueht that what was said of the finances re-
latecT to the Norwich Society ; but looking
again he rather thinks that it relates to bis
own society ; reported that there was to be a
second general meeting to be held at Edin-
burgh, but afterwards it was altered and in*
tended to be held at Glasgow : there was a
letter read, dated the 8lh of November, from
Hardy to the delegates in Scotland.
On the ind of January, the witness attends
asain as a delegate ; they resolved to remove
the committee room to number three, in New
rU)mpton-street; that no person who had not
belong three months to the society to be
electe<l a delegate ; agreed to draw up a hand-
hill approving of the conduct of the delegates
in Scotland, and censuring the justices; to
distribute a thousand in Fxlinhurgh ; a letter
was read from Sheffield, signed Willhuu
Broomhead, chairman, recommending them
to come to some spirited resolutions to be
adopted for the support of the delegates im-
mediately ; it was said that at this meeting
there were about two thousand.
The next meeting is the 9th of January ;
he has not got f lardy's name down at pre-
sent, but believes he was there ; there was to
be a general meeting on the tOth for dinner
at the Globe ; a sub-committee was appointed
for the management of this meeting, the
munes put down for stewards were, Thelwall,
FVanklow, Agar, Kydd, Lnvett, Harriion^
Stiff, Peacock. Harris, SinclairyPowel, Wil-
Htm9| Mitdlel| Pttrte^Khttw^ i&sWiSXTl^Bsa!-
business began ; they went to a room iibove
stars, there were Martin, Ramsay, Richter,
Thclwall, and Hardy there. The short- hand
vvriter reiK>rted Mdrgarot's trial; an address
to the n*ition was carried, and then they ad-
journed to dinner, Thel wall was chainnan;
the witness dineil in an adjoining room ; the
witness came again into the large room soon
after he had dmed.
There was a meeting of delegates at num-
ber three. New Campton-^treet, on the liSrd
of January; the prisoner was there — agreed
that hand-bills be stuck up, saymg what
srievauc^s wc wish lo redress, riic next
uiing timt came forward was a box for the
subscription for the support uf the delegates
ill Scotland; it was opened that night, the
amount wa5 13/. 4t. lid, and nine liad slul-
lings; it was proposed to publish the names
of those who Iiad given evidence against the
patriots; this was objected to byThelwall, as
It might produce massacres. It wa^ proposed
at that time to chouse two sub-delegates to
attend the perpetual committee to watch the
parliament every night; this proposal was
not carried ; it was proposed that the com-
mittee should be made perpetual.
Upon the 3(^th of January, a meeting of
delegates. Hardy being present, division num*
her eleven recommended to divide the metro-
polis into divisions; number thirteen inuvcd
to reconmiciid it lo those who are not mem*
bers to subscribe; number eii^ht wished to
know if they shouid remove intu the Burough,
that press-gangs were about, and they had
lost their business ; Thelwall moved to ap-
point a permanent committee of delej^ates to
consider of the measures to be pursued during
the present posture of affairs, and to be a at^-
ccfii one ; those of the ^^cufind committee of ,
^
Gcfltlemcn, thls]_
this ap|H»iLilrnirrit tVf 4
to the
act in
secret committee were &fl«
this extraordinary wav, bu
another secret cuminlitee,
not to be known ; so tlie
conducted by a secret can"
pruhahlv he the s»me pen
h'- ' '.e to b<
'1' is, tb
be uaii^truus, SS Mat thi
were tu do is matter of ob
extraordinary procec ^
ceived in a parcel ft
garot, dated the 1 Hb - . .1
was received from Gerral
writer to be sent down
At a meeting on th
number eighteen ro«vedl
of Swine; a coniniitiee of
the new constitution of Ih
that 60,000 hand bills cj
speech respecting the for^
ed, and to return him tl
time the witness says he o
gate. He was then asked
was ; he debcrihes him«>e
monger, and lo be in ihc
that he wab hr$^t arnon^ tl
dent at the sign of lljc Kim
he saw ^ome of the resolnti
he told the landlord that Ih
to be a meeting to ovcrlui
and advised him not lo h
any more, for if he did ih
his licence taken from htnig
into the room and conn^
he refexa to a Da&ef ^rhicfl
1541]
Jw High Treason.
the retail way since he left Alexander Shrimp*
ton and Company ; that the resolutions and
addresses were first published upon the twenty-
fourth of May 1793 ; he says that when he
was tried for being a spy, there was nothing
particular brought forward against him. In
that month, he says, he went into Stafford-
shire and Yorkshire for some time ; that he
consulted with a friend, who recommended to
him to make a report of these transactions, and
he has done so from time to time ; he thinks
the first report he made was on the first of
October, 1793 ; he made his reports to one
whom he was certain would communicate
those reports to a proper channel, but that
^rson was not a magistrate ; he says he put
down everything he could; that it was his
duty to do so, for he was to report to liis own
division, and he gave the same reports to his
division, according to his notes, as he had
given into that cliannel by which he meant to
make a discovery of all that had passed.
Gentlemen, it has been a fatiguing work to
go through these broken accounts of the
transactions of the society from this man's
notes, and the accounts must necessarily
be somewhat imperfect; but upon the
whole they carry with them very great
marks of authenticity ; and with respect to
those facts which can be clearly collected
from them, they seem to be very weightily
S roved, and I cannot imagine that the evi-
ence of this man is shaken in any particular
whatever, from the mere circumstance of a
man, otherwise of credit, choosing to give in-
formation of proceedings which he conceived
to be dangerous to the constitution of the
country ; — to say that that is to afiect his credit,
is not a thing to be asserted in a court of jus-
tice, nor fit to be encouraged by a jurjr.
'Wherever men of this description give evi-
dence, and they give their evidence m a way
which is fairly open to observation, the cir-
cumstance of their coming to give their evi-
dence in this manner will have its weight, but
if their evidence in other respects is uniformly
consbtent and probable, and is not impeached,
it is not enough to say that this man went into
this society on purpose to inform the magis-
trate of what was passing. It is extremely
necessary that should be done ; it is the duty
of magistrates to watch over the public peace,
if any thing material is going forwanl by
which the public peace of the country may be
aficctcd ; it is the duty of the magistrate to
use all proper means to bring these proceed-
ings to light, in order that they may be brought
to the test of the law; and he would be
criminal if he did nut use those means.
The next witness is Maclean ; he produces
a letter found upon Adams, the secretary of
the Coustitutional Society, dated the thir-
teenth of October, 1793. from the editor of
the Patriot at Shctlield, directed to John An-
drews, secretary to the Society of the Friends
of Universal Peace and the Rights of Man, at
S4Dckport.
A, D. 179*. [1542
This letter, though of a pretty old date,
seems to have deserved attention ; it shows
the extraordinary diligence and attention with
which the making proselytes to this cause,
was pursued in that |)art of the country, as
well as in many others. That letter and the
answer to it must be read.
[See pages 825 & 829.]
Gentlemen, the next witness is John
Coates ; he says he is an apprentice to Frank-
low, who lived at number one, China Walk,
Lambeth ; he says he was bound apprentice
in November last ; that Franklow used to b«
out late of nights; that there used to be ex-
ercising with fire arms up stairs twice a week,
about eight o'clock in the evening; that
ShelmercBne and Williams were two of the
persons who used to be there, there wert
about eight or nine of them; he supposes
them to be the same persons, the window
shutters were shut ; his master used to go to
Worcester-street, in the Borough, he does not
know what he did there ; he says the arms
they used at his master's house were kept on
the first floor, he did not know where the^
were put afler his master was apprehended ;
he remembers seeing cartouch ooxes in the
cutting room, they lay upon the board ; ht
once saw his master in regimentals, and that
Williams had a uniform, he saw his master
in regimentals one Sunday morning in tht
house.
James Walsh was at Chalk-farm when
Richter read the resolutions; he heard the
word convention mentioned by him, and that
they had formed a correspondence with dif-
ferent societies in different towns ; that was
all he could speak to, except that two hun-
dred thousand copies of the resolutions were to
printed ; and he says that The! wall spoke
very violently.
Thomas Green was the next witness ; hi
says he is a perfumer, tliat he also deals in
knives and cutlery ware ; he says it is cus«
tomary for perfumers to deal in such articles ;
he says he had knives with a catch in the
back, he had three dozen of them from Shef*
field, packed in small parcels, he sold four-
teen of them, he can name three or four per-
sons who bought single knives, one was the
prisoner at the bar, and that he sent him six
others in a package ; that he was to make
choice of one, and if he could dispose of the
rest he might; he did not book them, and
four of them were returned after Hardy was
apprehended, he had not called on him before ;
he said he sold one to one Mr. Billiugton, and
one to Groves ; he had them from Scoffield
and Company, at Sheffield; that he had
dealt with another person in Sheffield ; they
have riders ; one happened to bring patterns
of this kind of knitc, which before he had
seen in shops in the Strand, and other places,
and so he ordered a parcel ; he says he docs
not know how Hardy came to know that lui
had them ; he says that in CqislV^^-'^xvu^
ISIS] 35 GEORGE III.
be ate his rapper with one of these knii-es,
Peerce had another which was rather better
finished, and which he had not bought ot the
witness.
Upon his cross- examination^ he says he
used such a koite as this seven years ago ;
that he has twenty of the three dozen he
bought left now; *most cutler's shops have
them ; that he sold them in the common
course of his trade. As to Groves, iie ^ays
he came to purchase a knife, and he remarked
the utility at the knife ; he did not tell Groves
that he bad sold two or three hundred of
them, but Groves asked him if he had sold
many, he told him yes, he not liking to dis-
courage the sale of bis own goods ; he says
be did not desire Groves to speak low, be-
cause the parlour door was open, and his wife
was a damned aristocrat, he did not use such
fta expression ; he did not desire Groves to
apeak low; that the knives lay openly in the
glasf case for sale; he says he did not keep
them to sell to mischievous people, and he
does not recollect sa^iin^ a word aliout his
wife, or usinc the word aristocrat, and that he
never wished to conceal from his wife that he
sold these knives.
Now here, undoubtedly, there is a flat con-
tradiction between him and Groves; they are
both witnesses called on the part of the
crown ; they certainly put you under a di-
lemma, and make it difTiCult for you to be sa^
tisfied that Groves is a person who is entitled
to credit for what he has said ; at the same
time though Groves is contradicted in this
particular by this witness, he is contradicted
in no other particular where witnesses mi2;ht
have been called to contradict him, that i>> a
circum!)tance for your consideration, upon
which you will cxercihe your Judgment, I am
not not at all pressing you to incline to give
more credit to a witness who has been con-
tradicted in one particular, llian the whole
tenor of his evidence upon the whole entitles
him to.
The next witness, is Edward Hods^in, a
printer ; he declined answering whether he
printed a particular paper which was shown
to him, but he admits that one Hodgson ap-
plied to him to print it, and brought the ma-
nuscript. It is a hand-hill respectiug the
Ins and Outs, that we arc in danger from the
French, and from the Hessians and Hanove-
rians, in either case we should get arm% and
learn how to use theni — you recollect the
Eapcr.* He says, that from all he obser\'ed,
c has no rta'«on to suppose that they had
any thing but a reform of parliament in view,
that it was no part of their plan to attack the
kmg, he never heard any such thing, or to
displace the Lords — he would not have con-
tinued a moment longer in the society, if he
had supposed any such thing.
He says, that upon Hardy and Adams being
taken up, and reports being in circulation^
« Sec p. 897.
Trial^Tkamai Hardy
risu
• that under pretence of referm, they had
other objects in view, be left them — he says
he under$tood the Convention was a thicg
not determined upon — tiiat they were to take
the advice of the societies in the country.
. whether they were to assemble a cocveotioB
— he says there was no idea of their raakme
laws, or introducing the anarchy of Fiance
into England — he became a member in the
' month of February — he says he has read i
Erinied copy of thc'resolocioos at Chalk- tana ,
e has seen m printed copy of the pruceedings
on the twentieth of January* ; he knew no-
thing of their having any thins; to do with
the works of Paine — that serenl people ap-
plied to him lo print the proceedinn at
Chalk-farm.
The next witness, is George Ross of Edki-
burgh ; he says be became a member of the
Society of the Friends of the People in £dia-
' burgh, about the end of the vear 1793 : that
he was a member of the Hritish Conventioc :
, he says he made a mistake at nrst, as to the
\ year, it was in 1799, that he was made &
' member ; that at the end of November, o:
; the beginning of December, 1795, the dele*
I gates from oUier societies in Scotland atteod-
! cd, and some from England ; he says h^ n-
' ccived some letters from one Stock, in Edm-
! biirzh, who was a member of another society
of the same nature ; he says he sent several
' of them into the country ; one to a person of
the name of Miller, at Perth, which is now
, produced; he sent one to Strathaven, and
< one to Paisley ; he is not certain whether h'
sent one to Dundee ; he cannot be rerthir.
whether he was present at the vote or uuiur.
that they came to in the Convention, uher.
they extended their hands ; he *ays he re-
members the fact of their dispersion — he say«
the circular letter produced is the papr:
which was sent by hira, to dift'crc nt parts ui
Scotland.
Upon his cross-examination he siys, th:it
, his only object was, a reform in the liuuse ci
■ Commons, he never thought there wai an
intention to attack the kind's person, or hij
prerogatives; they did no't at all consider
themselves as the parliament of Great Bri-
, tain, but they meant to consider of' proper
means of petitioning ; he says he perceived
nothing ot any other intent; nothing wv
• said against the kins, that he heard; he sa}>
it would have been foolish enough to attempt
to make laws to bind the people— he mvs Iht
British Convention consiNted of about t\To
hundred persons — they had no arms to at-
I tack the magistrates ; there was no prnpan-
; tion of the means for resistance : he sairl the?
'' had nothing illegal in their thoughts ; if they
i had thought it illegal, they would nut hm
; done it, or if they liad thought it dangerous
lo the king, they would not have done it
I He says the Convention consisted of people of
all ranks, mostly people of good chancier.
people of sober lives and good monis; he
'*^ be does not recollect being prmmf at a
1515]
fQf High Treason,
A. D. 17Di*
HS46
Itttanicular resolution inquired aAer;— be savs,
i o« Ihinks lie was present when the resolu-
l-^on was come to about the Habeas Corpus
] 3\cl^ lo meet at a place to be appointed by the
Ijecrct coinmiltie. He wy^^ Downie was a
rineitiber of the society ; he uiicferstood the
rCouventiun of Emergency to be called to pe-
r tUion parliHQ^ent ; that he would not have
XJtereed to u convention iijion any other term$i
Rhal he un<)er»lood they were to specify a par-
Ucubr reform m their petition.
Arthur M'Ewan sayb^ he lives al the Water
rofLeilh, he remembers the dispersion of the
|ton%'enlion by the magistrates ; thai a lar^e
otntnittee of union met in consequence of it,
f which Watt was a member; there was
Itiother committee^ a sub-committee, called
I conimittee of Ways «nd Means ; that Stock,
kmrke* Aitchcson, Btnilhron, Downie, Watt,
and him!*ctf^ were of that commitlee, to took
into the aff^Airs of v^kirving ; he never saw the
letter inquired after.
Ue *ia) s, tl»u> Watt read to them a plan to
seixe the lord justice Clerk, and the rest of
the lords nf council and session, and the lord
prnv,,Kt tJ Frlintun,rh; fy kiudle a fire at the ,
J Vew Town, and that par* -
t; : ned in the street, to in- ^
terccpt the fioki^ers as they came down from
the ca'irle; the fire was to draw the military i
from the castle ; com ins; down to a point, I
they were lo be inclosed by two parties ; that
different parties were to seize the banking ,
houses in Edinburgh, and commissioners j
were to be appointed to demand the cash
from the banks; he did not know who were
to cxectitc this, only the sub-comnuilee were
pment when this was disclosed ; the witness
laid, he tibjected to ati I his, he would not
agree to any thing that should disturb the
}>care, or shed the blood of his countrymen ;
that Bonthron agreed with him, and no far-
ther communication was made at that tinie«
He says, at another meeting Watt produced
m copy of a procbraation, prohibiting the re-
niovail t^if corn» grain, hay, and meal ; that
persons were not to remove the same from
their respective places uf abode; tttere wa^ a
copy of an address to the king, ordering him
to oismi^s his present ministers, and to put
an end to this bloody war, or eUe he might
expect bid consequences to ensue — this was
to DC sent to the king, on the morning after
the attai:k» The wilneHs said, iheM: things
did not belong to the cause of a reform, and
he would have nothmg to do with it*
lie sayn, t»e went wUh Watt, to Robert
Orrock's, to be»peak pikes ; Orrock skctchetl
out one, W ' ' ' "' I lo
aend to Vc\ tri-
btrv- -*■■•■' K'i the
t tendon,
Of ^■.. ..,...., ■ .... .....Ay bv ihc
<lc>K o WaU^ who pr»>f>osedto *^enil a Ictlcr
%u it^niy , Stock undertook to ukc this let-
ter. Slock look a slip of naper, aad gave
him Bonoe token by wmch tal£ some coircs-
ponde&ce was to becondiieted, something was
to signify, that the aristocrats were doing so
and so, and the democrats so and so; Stock
was to call again upon Watt; the witness saw
bim no more.
Upon his cross-examination he says, that a
parhamcnlary reform was the object of th©
Society; that the society lo which he be-
longed, consisted of about twenty; that he
attended the convention about half a dozen
nights ; that they meant to obtain a parlia-
mentary reform, by a petition, and that it was
to have come under consideration, the night
they were dispersed You see tljcre was a
scroll of a petition brought forwiird, and a
negative put npon it, m a certain way, by
calling for the order of the day; but in that
story of his he must be mistaken ; he says il
wii& to come under consideration the night of
the dispersion ; that there were near two
hundred members; that Lhey hud no arms;
he never heard of an intention to use force ;
that the reform most of (h^m spoke ut\ was
universal suft'rage, and anntiai (>afh»iiiicn
and bGuie were kir triennial [Mrhamcm*; I
says, there was nothinit Mud, tMiithint; thi
Kmg, or the l^rcU ; hecmttol luulcruke to
say, what thai committee of union w*^ for,
he did not hear th.it it was fur the purpose of
establishing a new coiivt'ution ; hci^iy^i.Skirv-
Jng's lctt*:r wus read at a meeting, uiid a stib^
comniitlce appomicd. lie H»ys he tie.ird the
delfgiilc!* were to have anotiiercouviMitiun, of
the tune, and place of meeting of which, they
werr ' ; he could not say as
to tl \v ciriiventioQ.
N\ '<ii ■,►,.,......,. ays, he i^ourched the
house of W^att, on the Gtteenth of May, but
nothing turns upon that.
Genilcmenf this wan the evidence they gave
of a conspiracy breaking oiil in Stotland,
aAcr the dispersion of the convention, which
it is insisted ution by the /tttorupy-general,
makes a part of this n;cnerai plan, in this
country; that by possibility, lU^d^'s circular
letter, or some othef of Ittrdy's puhlitjiilions,
or the publication of the Slieflield commhtcc,
or of the Constilnlional Society might huve
excited this, is ceil4,inly true, and tiiercfoi
the f^v.-irTw *> / Mnirf fxvi be njecied ; but as
tlie to the prisoner, Uard:
thut I ^ M.4ted directly m this co
spiracy, the evidence docs not appear to
to gu thai length, for till the cunveraiitii
about a letter to be carried by Stock
Hardy, comes lo nothings, fur Stock never di_
drhver that letter; Mar^irol and tJerrald^i
who were dtkgatci with n.irdy%piirlicipiklioi
from the Com ' Society.do not a
pear to have b. l in this (on^pinii
— ^lliiy were, 1 ■ .^»..-Il. .i »k
and upon the
IIrT -i f rii t.i I, ^ \
rtOt I
whit J , . . . f \
the pajus ihat had been l^ken tinu'
country to irritate it; but I do n
4 a
^as
lion, before Hardy was apprehended ; they |
were, therefore, pupers that existed before
tiiat time.
Now this paper purports to he projected
resoKitiohs fur the mecUog ai Chalk-farni ;
they difter essentially from the re^iolutions
tiiut were agreed to, and appear to be of a
more direct and violent cast than those reso-
lutions were, beca\ise they poiot immediately
to the person of the king; it will be pro|)er
that )ou should hear that paper now read.
[See page 870.}
Gentlemen, what is conveyed by that last
resolution ? Thut it is the boundcn duty of llie
people to punish all traitors against the na-
tion,and ihat the following: words are now not
a part of the oath of allegiance — *• That it is
not lawful to tiikc arms against the king ;'*
a more dangerous and more treasonable pa-
ptT, ouc ha* hardly t- vrr seen ; of this paper
I liave to remark » thai there is no evidence
which directly brings it home to the prisoner,
Hardy, hot the evidence stands thus — This
has been munifestly a dratighl of a rcMjlution
which, in the raind of the drawer, was in-
tended for a meeting of the London Corres-
ponding Society, H bout that time ; the date to
it is the fourteenth of April; upon that four-
teenth of April the Cb^lk-farm resolutions
were proposed; the paper was found upon
ThclwHii, who was present at the ChaJk-farm
meeting, and taking au active part there ;
8ueb a paper, therefore, tbuiid upon Thelwall
and Martm, two members of this society,
seems but loo manifestly to prove what the
ideas were that were floating m the minds of
the^ people, at the tune of those resolutions;
and they certainly show, that very dangeroua
tuatnei
that he tevied t*> 1
was taken up ; thai
absent ; that he wa
with him ; that he I
upon him on n Sue
markably peaceable i
that whenihe ineetin«
de^^ued that they woiui
with them ; that his «
lary reform in the Ho lis
that it was no part of b 19
aheratioQ in the House
meant nothing a4rainst 1
bid that he shoufd ; thai
conversations upon polit
he had with Hardy ; ih
him to ask a number 1
never supposed the pris
different from his ; he saj
the letter from Sheffield a
brother introduced hira ;
tavern ; and at Chalk- fur
was very peaceable ; th
rcsoluiions in prim, iuid
tamed a correct account
thought that all th^t ws
places, was agreeable to I
lie says, it is true, tha
lej^atcs t«t the SoUch Co:
self was not in othce ; he
committee ; he never he
he docs not think that 1
tlie secret committee wei
of their proceedings, and
attend after Hardy w^s 1
Margarol and Gcrnild m
he may have seen the a^
; August, 1793; bc hei]
1349]
fir Htgh Treoim*
L Jtnow
10 ibem : then wis one very tang ooe ; he
Ciinnot recoltect tht title of it; three of Uie«i«
|ciiig!» were printed in ouc iilieet of paper; b«
cantioi ftscuUoci ilie Utla of ttieai,
Tbe only ob&crvAiian thiit occurs td mc,
upon thi» nian*ft evideiice \% tlic di^staace ut
whieb ho seems la hjive been kcjtt troin all
^ I to huve ma*
;««i a Mr the society;
^nd il IS remurk^biu, tkjiit lliid penujn who
wasconncrlnl wttli Hurdv\did nut even know
1^ hc circunutaince of
l!. ^ not cominimicau
iog J I S< ril, which I
ihiok cr Ih^rc wjui
^y rcd^iun u us man into the
JkuHlKM (ft JO J deal uncertiiiii,
uponihift iiU%v wi ,...r ..i.ieiice; bvtt, if other
people were lei into it, wht^ ihb m^o was iu>l
ng fAjs, he was a member of
I [ _ S belonged to Hardy's division ;
tiieir uiiiy object vmSy a reform in the Bouse
uf Commons; they hud no thoughts against
die King or tJie UaiiHe ol'l^urds; they had no
idea of opposing the goveroment by force*
The object of the Lotiveutiotif he saya, was, to
get the MD^e of liu) dtlej^atcii, J'rom diiferent
givisioDs, to obtiiin a reform iti the House of
Comro*jns, and Itiat ilierc wii*i int inlentiun of
proceciliuL' ' ^ ; ■ ■
ciety ; he ^
h;Uf iu lh<
a letii
a !ui ..
I a
If^uie UIUM4., but ha
lie %^y, lui
ther*
I doea n*
pncedeleg^tr, ^
t lOf five or s>\ y
iie aays, he ki... .>
iMiDphletk there;
I'thrrc, but ut'\*T I
l^ae, Uvho^ voted b^ b^iilot; he kfKfws Uodg-
[ioo tiic Ldiicr ; hclnuw^ notbin^ of 4iiy &c-
It any uunnber ol the i*o»
!ic was two jrours and a
.a ii('V4r H.iw nr heard of
; he \v9ia
uimcnce-
luui at the Crown
ii of^lay; Uierc wai
Uoc^ not know what i|
waft at Ch^lk Fann ; he
■il the Glotic-tavcmv but
vviut they were ; he wai
' '^ ; he ceabcd to
» r, ui4^.. ^iiop; he bought
lie has vecit Irankluw
III iI tjf :j.iiv *'\i'rij -iu.^ tLf-M«u
(cvdbeu^)oii oi I
[In At
[beara
I Ibe re^i'^r i
[Wrd of I
mev J
L c^nuot tcjJ 1
rinted, a^lttr the ap-
I he haft uever been
he never
iw it in
tiK [ievcj
up m tiic
whether t
he did ro
>Iutioo&
: th:il utlicr
the niajoTn^
say^ was very ofXcn obtatDcd,
the general conduct
at Chalk Farm wa&
he voted for tljc re*
ig Ihttu diiitiricUy«
to thcni; that he
, tlut iA a way in
Uiete Mf«fabli«0| I
A. D. 179k LI350
Altf UKler Wilb says, he wb* between two
and thret yeara a member nf the <^oi
ing Society ; he says* the object of 1 1
was a parti r, f reform m ih*? tinur^c ot
Common !> v were full of respect, bo*
aour«and iiut hlv, lu the king; he never had
reason to ihmk olhom intended otlierwibc ;
never to his kuijwled|eei was it intended to do
any ihin^ by force; that he would not have
continued in the society, if there had beeii
any intention of doing any thing by force ; he
fiaa not been a memoer of the society t^ioco
the king of trance suffered ; that the prisoner
ill of an amiable character, and a good mem*
her of ftociety.
The witness says, he is a dancing*mastef ;
he 1$ ali!M> a member of the ConsUtutional $o-
deU'l he wat introduced by ilolcrolt, after
he became a member of the ConmUutional
Society; he wished to hear speakers that
were clever uien ; he took his rule of potiticf
from news-paperSy from public report, and
from debater in both Houaes of Parliament ;
he was but httle acquainted with the proceed-
ings ; he did not see the b<H>ks at the meet*
ings; he never knew any of their transac-
tions, which might bring the people or those
they employed, into any diHiculties; he ma^,
he says, have given a iihilUng, or five shil^
ling9, a guinea, two gumeas, or live guineai,
to assist Carter ; he says, he ot\en gives five
guineas, and he docj» not know whom he
gives it to; then, wlien pres«»ed a hUlc, he
says, he might have given 5ome shillings, if
not guineas ; at last he said, he dtd not give
guineas, but he did ^ive a few shdhngs ; he
says, he was a*»ked, m one of Uie %ucicties« to
contribute, in Compton-street ; he £>ays, he is
not sure he gave more than that, lie never
heard of a secret cornmiilee, or committee of
correspondence, and never saw any letter
that had been wntlcn to tfic pusoner. I
think, notwithstanding Uiat strange tlourifh
of hi!», ;ibout the five guineas, one may safely
conclude that tliere was no harm in this wit*
net»ii,
Archibald lltmter waa a member of the
London Corrcfipundmg Society about twenty
months; he know% the pribunrr ; he belong-
ed to the «ame division with ll:irdy ; he saytty
the ot^cM^t of the society wa^^ to obtain a par-*
liiiuientary n^forui ; he never understood any
lliing else but a reform in the Commons
Hon^c of Parlianveot; tlic King, and the
House cif Lords, to remain as they were; he
xicv^r I.,, .rj .A I .r,-., ,. ,t ^^f the Hrport ; he
say lion to alLtck the p^
veil thut Ihudy was %
t man; he sayt^
^ ^ ucr at the divU
biuii, alii'ut pike)*, iiu« wuiuiuunic^aicd it, to hui
knowlt'dee ; he cnrvlintitd a member of iht
«joticty; ne <■■ Uiccd by Jon-oh Hun-
ter j he did I very regularly, beiuff
ircu ueii tly ou t c. i i o w u .
He say», be was at Chalk Farm, Mid %l the
GIobe-isivcrD ; he understood thar ^uc««4«*
[^s in fv
MP
Eieli«n€$ in hts
in Und, and sometimes in liouses,
WliBt ymi ^ilL make of the evidence of this
Tcry cxlraordjoary witneas, I do nol know;
to be »ure it b as extraordinary as one ever
met with.
Alexander Fmser sayi^ he is a taylor ; Ihat
he was a member of the Corresponding So-
ciety, for abuul len months; he ceds^ed to be
ameinHer J.i^tApnl wiis twelvemonth ; he says,
^ par i.imcntary reform, in the Htjuse of Com-
mons, w\h ihi- ubject of the society ; be says,
they had no intent against the King, and the
House uf l^rds ; they had no ijiteot \q pro-
duce a reform by violence ; he would have
had no concern in any such thing, if that had
been their ohjecl.
VVillian* Bnrday ivays, he is not a member ;
he is a shtmmaker in buke street. Saint Mar-
tin'»-lane; be bd% known the pri^^oner fifteen
years; the prisoner was foreman to him
seven years ; tie bears a very good character ;
he is of a peaccdhte and orderly dispositioo^
and a ven hunt^l man«
Thomas Oliver sayS| he is adi9!»enling mi-
nuter; he is not a member of this society;
he says be hn^ knowri the prisoner four years;
that be showed him a papery containing
some resolutions about parliamentary reform;
the wilnefis a^ked hun, wfiat the ultimate end
and design was ; he said, a relorm of purlia-
ment, of the House of Commons, upon peace-
able and constir\)i:ii>niil principles ; upon the
same plan as thedtikeol RichmomI propOFed,
in the year UH'^*— He said he frequently tried
to suck out of htm, what his intent was, and^
at first, he said, he had done this since the
report : that can hardly be ; for before the
report^ Hard) was in custofly ; then be admits
it was when in bis own hoU!^C| somewhere
about May or June ; he says, he is a man of few
ver 1
nidi
:>eiii|
lam this point; he says *
once or twice a w<rck, oitt <
what they were doings i
fndj; he says, he never i
for the duke of Rich m<
never agreed in opinio
j member any thing beii
I vention; he always thoin
^ inoffensive^ man^ and t
\ guilty of violence.
I Upon his c^o^s-c^taIn^nl
1 not know that HarcJy was
I ber of the Constitutioi
Friends of the People
course with that society]
between his society, aui
field, was in May, 179^
he saw ihe address of
1792; he did see the
of January, 179 4, and h^
at Chalk Farm, and the^
length his society meant
declined answering A h;
the People is shown to bit
there was no correspf^nc
Society of tlje Friends of 1
Society for Const! tiitiooa
there were gentlemen
hers of both societies.
John Carr S4ys, he i$
society; he has known |
years; he gives him the c
pciiceablc, honest, worthy
John Stevenson, a coai-
is not a niemher of eitln
he has known Hardy e
says he is ot' an extrem*
disposition ; he saw hii
was io Mr. Barclay *j
ral character, no
I
1353]
^T High Treason.
A. D. 1794-
[1354
he catoe to Loodon ; that he wss one of his
congrefc«tiun ; thai he is » ven' re spec tabic
chjiriclcr, and m far as connected with him m
areliut ' .k to his ctm-
ractet Mfl; that h^h
t m&ti <'i LiMi-< ^cult: lm>^«iu3 v.ro<l and man.
Peter iMachcnn, a shoe-maker, ^y**, heha<k
known JUrtiy seventeen yesir^ ; that he is of
ai irery aminhlc character, hulh civil und re-
ligious ; » peiiccable, auiet, wclUlispoiied
jnan. — The ivtiness sttys nc has beeii a mem*
ber of the Corre^poii<ltng Society, but had
ceased to t»e one two years ago ; he says, he
remembers no resuiutions about Paine's
Rights o* Man ; he remembers their writing
to the Con^t Ml uionoJ Society, to have mem-
bcrt »»so< itttcd ; he met with ihem at the
Belly in Exetct-tvireet, before the society was
formed ; he was no d**legale ; he does not re-
lulleet who wii» ttie iirr^t chain nan; Mairiprut
might be fur any ihin^ he knew ; he beheves |
Hiirdy to be one ot the first thut met ; and a '
person ol' the name oi Black, and a Mr. Gow, |
who b since dead; that thtre was no clergy-
roan or fiby&ician among them ; thdt there
were thirty or lorly, or more, when they met
the grcaieit number; the ^rsl time he came,
perhaps, there nnghl he twenty ; he beHeves
Margarot was the principal man in formmg
the ortffinal laws, but he camiot recollect who
ated.
Alexanfler Gordon^ ti shoe-maker, says, he
hat known the prisoner twenty years ; that
he is a sober, honesty induslrioub, peaceable
man.
John Boguc, a carpenter and cabinet- maker,
says he l^aj» known the prisoner near ten
ytm; that he is an induslrioti*, honest,
christian man.
Mathew Dickey, a Scotch iacton says, he
haa known the pn-joncr upwards oj nvc years;
that he i^ a btDclly honcM, ijpri|>ht man;
their intercourse was entirely upon business.
James i lardy saya, he is not n>lulcd lo the
prisoner; he hvcb in Smithficld; he lias
Jcnown him from 17 70, or l7tJ0; he gives
him llic best of rhar*jclers»
1 hey then chH Mr Kiujy;, and the pnrnose
forwhuh they Cdll Mr, King was, to snow,
that a k'Uer, which was enclosed to Hardy, ju
Dii?twn's letter, whieh DiiviMiii*s letter, you
rea»llect, propu^rd to Hardy a plan for fur-
nianinpE the society, or any one that wanted
theoii with pikes Ifom Sheffield; in that let-
tcfj a letter to a 8<icicly at Norwich wai sent
•ocloaed; Mr. King is not ' ' rak ex-
mtdf to It, but he «ays, he < ct the
circumstance of a letter bcjn mprnnl
at ihc tnitc, but he cannot i«i' ii • mm u>
•ay, whether that WM4 the Nuiuich itlui ui
no.
David Martin, of ShefTield, ftayt, he U a
snemher of h M>citty there, for a reform in
the Commons Uon^e of parliament, by legal
aod coQStitutional means ; he says, that he
had DO reaion lo believe that the object of
any olher penoii, was diflcrrnt from his ; he
; had not the most distant idea of doing any
thing by force ; he says, ibey sent delegates
lo Scotland, to co-opi^rate with other dele-
giles to obtain a rcforto, by a petition lopar-
Imment ; he >ayj, they hopt^cl the cflft'ct of a
general coopeMiiou, would be (.nfficienl la
induce t!*c pHrliiiincnr Iti {^rant the petition;
lliat it W4S not tlicir design lo compel by
lorre ; be suys, he would not liave rrmainetl
ill the Society, if it had ; he had no intention
to attack the King, nor to attack the Lords;
he say^, he knows a per>on of the name of
Gale, he was an artive man in the society, he
believes he is not now at Sheffield, he has
no hou5c there; the witness was made an
associated member of the Constitutional So-
ciety, in 1792 ; he has heard of the proceed-
ings of the ^colch Convention, he saw an
account of them in the Gazetteer of Edin*
burgh, he did not approve of that part relat-
ing to a secret cumraillce — he says, being at
the outside of the people, on the'CaMle-mll,
he did not hear the resolution to petition the
House of Commons no more— he says^ Vorke
and he had not eiactly the same opinion, as
to a plan of reform in parliament; he docs
not know who arc the editors of the Patriot,
but has heard that Drown was one, which
Brown was a delegate to the Scotch Conven-
tion; he thoughi him a peaceublej and well-
disposed man ; he says, there were letters be-
tween their society, and the Stockport Socielj,
and he thought they albo were peaceably dis-
poned.— He says, he was not in the secret,
that the motion lor a petition to parframenl,
which Broom head m^ide at the Sheffield
niettin^, wns made to he negatived ; he says,
whatever Mr, Brown might write or think, or
whatever he might do, the soeitiy gave him
no authoritv to act fur them at Edinburgh,
e^eept in a leg:tl, and constitutional manner :
he admits that he had read Vorke'» speech.
Edward (lake**, a plater at Sheffield, says,
he has been a member of the soricty, from
1791 to the present time; he says, he at-
tended the mrrtintr, that his object was, lo
procure, by liiwrtil and constitutional mean>^
in co'opcntt ion with thereat of the sodotics,
a reform in parliament ; they expecle<i their
petitions wuuld be heard, when made by large
tMidies, that it would be more likely lo im-
press the parliament ; that it was never their
object lo use force; he t»ays, he would not
hAve remained in ihesociety if that had been
their objcr t ; they had no object, but a reforni
in the Hou'jc.' ol Commons, and that by peti-
tion. He Siiyn, he was upon the Castle-hUl,
!h:it he docs not know the terms of the reso-
iiiii [i; he was ni the society when a dele*
ptc s\as sent to Sniili^i.i! he does U'<» r.^^i
icct whether iht n came fi
land, or from tli . he says, 1 1 . ,
was, to have proper measures coriiidered of, to
obtain a parhamentary reform ; be says,
Brown was to express the sense of their so*
ciety ; they were to point out the proper way
of atklresuDg pailMwiil, whicU might sot
^_ mtt Man «'p|»*««iH |i»t»jy vm ^
been threai£aed and ill uied dv Ihe opposite
P«it7i and by iitdividuaU, wfto tuok upon
IjlBinselvea an auUiority ihut th«y had no
Hpit tu ; this was complained ot m the so*
ciety ; he says, that it never was designed or
Bgllatcd to arm, as a body, to at Lack the
guvernment; if it had beeu, he shcmid
fiave known it,— He says, he was a ineiuber of
the commiUce ; he doc^ not know that there
were any of their menibers in any ways as-
sociated with the Cot responding Socle ly, any
farther than by correspondence ; he did not
coDstan Uy attend the committee, and the
committee did not regularly enler their pro-
cecdmg* ; Ihey were kept by William Broom-
head ; he says he knows Samuel A»hlon ;
that he corresponded wilh the society in L-on-
don^ for their ^^otiety j he has seen Ashton
write, but he did not attend to his writing;
he sjAVs that llm iellers thai were aenl were
not altogether known to the society at large ;
the body trusted to the committee ; that tiie
commitlee sometimes reported, but had no
fixed time for doing it; he sav-, Paine'a Uighls
of Man had tK:en introduced into the socitty,
before they were declared to be a Ubel ; be
doe* not know whether a letter of the 1 4th of
March f to Ad^ims, was stent ; be speaks of
writing to Mr, Home Tooke, and lo the Con*
stilulional Society ; two Jelters were read ;
one ofthem wa^ enclosed to Hardy, in answer
to a ieller from him^ to know what it was Ihey
were doing ; tlie other was a letter^ of thje
same date, tomid upon Adams*
The witness admitted the letters to be
A Jab ton's hand writing, and signed by him ;
it says they were resolved to olitain a radical
reform of the country, a» soon as prudence
know&of ; that
were published,
Daniel Stuart is caJledi
had a letter from the Sh«
Samuel Ash ton, to the !
dated the I4ih of Mav, 1^
tho People havijij^ publis^
upon the 11th of April
it will be necesaary %h
answer should be read.
[See pages %09€
Mr. Mtornejf GeneruL — J
tipua his crohs^aaminali
letter of the 26lh of Mil
sent lo the C> - r ' v * ■ Muall
ship has nu >», I i
proper plucc Lw ,..^.,, ^t in
Lord Chief Justice £y
[8e« p. 1 1|
).ord Cbiff Ju»lic<: E^
he never heard of thia
Mav, to the ConstitutioiL
thinks he did net know at I
tbeir members having hem
theCui i ' ^ ^ yj
to som*
the I'tttijiuib UP iiir I'ttumj
harl, and that otUer u^
added to that society ; he
ther loid Otter* a meniberl
Convenliun, had been e«
ciety, he says he is still j
William Dewsnap, ^ i
field, nays he was a men
Society : that their ubje
in the Commons iloa^e
1357]
fur High Treason*
D. ndi.
[1358
theii ; he savs, l»e hftt lizard people speak of
ill ireAliiig the society ; that llu*re were iii-
fljimiujlijry letters m Ihe .*?hcfHcld |»at>ers
fiurti tme Husscll ; he savs, however, he is u1-
int»*l ii flrunger to ihc nike business, as lo ihe
^ueral tiiijpcit >f 1^ ^^" ^^^ ^^ have aroied,
tt nm^t hikfc been knuwn to him^ he mii^t
have heani of ii, tlie questiou wsi*j titver ugi-
Uted in the eomminee, or in the sotieiy ; rte
tiever hciird ufuny inlcDtion lo resis>t» or to
tttack ejovernmenl, he hud no such object
hrn ' '*■ r! he hi*** reasonable hope that the
hi J not ; he says, the society pulu
lii. .. ...;, Juke ol'llichmond** letter to inform
the societies at Urge of the principles ihey
meant to go upon, and they adncrcd strictly t4)
those principles.
Upon hi$ cross-examination he say9, the
ohject was,allabn^, to obtain a reform by pe-
tition ; that thit w&s negatived on the Ca«t)e-
Uill, he heard no voice in the affirmative; lie
sayb he remained a member of the society,
after that; he has some recollection of a vote
of approbation of the proceeding** of the
Scotch (*ouvention, but he wa^ not then pre-
sent; he says, he did not know of the contriv-
ance to huvc the vote for the petition nega-
tived, nei Hut from liroomhead nor Camai;e,
and he ha^ had corrciipondencc with Brooni-
head for 6 f teen years ; he fiays, he did not
know that any petition to hii* maje-ity was
preuarf*d ; he i^ays he can form no bcW as
to triehand-writttig ofAshtnn.
Edward Smith, a cutler in Sheffield, says,
he WIS a member of the society in 1791;
thai their object wan, to obtain a parliamen-
tary reform upon the duke of Richmond's
Slan, mhis letter toct»! ■ ' ^' -man ; he un-
erstood by the expr- iisofMaii in
iheir letters, equjil rn. ........ion in parlia-
meoi in the UoM^e of Commons ; he never
heard any thing m the society that they
wished lo attack the king's title or his pre-
rogtthve. but madx trie" other way, nor to
lo touch Uie dignity of the House of Lords ;
he meant to hnv#\ a^ !if» ftrtint^ely expressed it
l^ cd m lOtlS;
'* lie heard no*
tiuii^MF Anus -Mj tin; nuiHi-ijiil tiuil threat*
enefl thenj; that upon any good news they
used to fiie ojstols into tlieir hotjseii ; that
there was nothing lo provoke this conduct ;
;h«T, u',v .... r.^^. (I ..,„ - i,^ gays if
Itl iould
,ad pikes;
it never was his wish or r^tyeet in be-
mhig a ihcmbiT of that wcicly, to touch or
Tcct hi> sovtfeigo,
llpfin \us cro'^^Hrxaminaijon, he lays, thut
try to provide arms for
I*' '• doe* tiol know how
' uju , IIP- : ' " ■■ '
Ui cation t
Invasion, that being tha substance of tho
haml'bitl, which they uiiderbtood to be
against them, they adopted similar wottis;
he says, that by equal represtntatlou, he
means that every man was to liavc his vote;
lie had read both editions of the Rights of ]
Man by Mr. Faine ; he oblaineil them by a i
subscription of a few friends; that there were
many tlmt had them; that they thought well I
of them ; that they seldom read theiu at the
SfKiety, but they read them at tlieir owo
houses; they also had other cheap pubHca*
lions; he says, he was not at the meeting
when they approved of Painc'a works ; that
he never took into consideration Paine's no-
tions of monarchy; that the society did not
adopt that, but they made no protest againbt
it ; that iliey did not wish lo destroy mo-
narchy; he understood the author to be
expressing disaffection ; he says, he knew
Yorke at Sheffield, he was at the Castlc-hil?,
they voted by lidding up hands; he never
heard of the addreis from the society to
France.
His grace the duke of Hichmond is then
called, in order lo identify a paper which b
represented to be his grace's plan for a re-
form of parliament ; ho could not identify ^
that paper, but produced a ptijier purp>orling ,
to be a letter to a colonel Sharman, containing
a plan for a relbrin of parliament, and that
letter was road. The plan was for universat ,
suffrage and annual election, and it stated
that the remedy—that the wliv lo obtain tC 1
would be by the' people : he dicf not e^p^essly
name a convention of the people, but, how-
ever, he certainly said enough to put that I
expedient into the heads of those who were ]
caper for such a plan.
Air. Stuart is tnen called again ; he says^
I that he has heard Hardy stale his plan to be
universal suffrage and annual parliaments;
th« witness always obiccted to it, but that i
was Hardy's opinion, he always adhered to'
the duke of Hichraond's plan— he said, that
was the whole object of nis society ; he was
once in company with him at supper, he
found him a sincere, simple, honest man; he !
iays he did not know that he had been aaj
associated member of the Consiitutioual So-1
ciely.
Mr« Sterling produced the minutes of a
Scotch borough convention, but they could
not be read,
Josthli Sirott of Derby^ says, he belonged
to a re ; that a reform in the Com* J
mori^ t Parhamenl was their ubject^i
they iud no design against the Kin 2^ or the!
Houi'j ofLonh, anrl they \mt\ no intention to!
bring a^h rrc; ihat upviu
their pctj , their socicti
never m<'t iv^^mu
Mr. 8hertdan was then called ; he says, hdl
arm sgain&i dontestic encmi(
Iv* "I ij"' Ml I', tin' Mr lv«iLiir_: i(-HN«^i:ii .in tuil'JUV n*
!^n parhamem into the cause ^C Vwvt ^i^^rc^xv ^*^
1359] 35 GEORGE III.
that time ;* that upon that occasion he sent
to Hardy, viho, he understood, could give
him inforiDation ; he came to him, aDtl be
conversed with him ; Hardy stated his whole
objecl lo be obtaiouig by peaceable means a
reform on the duke oT Riclmiond's pltn, and
that he was ready lo give him a sight of his
^boie correspondence, to [reduce all hi;*
papers lo him, thai he might i y them ficfoie
pajrliament in any manner Ihat he sh-uld
think fit ; he was asked whether he was or
not an original member of the Con^litulionar
Society, he said he was, but he had not at-
tended since 1763; there were some questions
whether Mr. Sheridan had said any thing of
hooks, as weil as papers, whether Hardy
offered him books as we J I as papers : after
wards he said he coutd not take upon him
to be sure that Hardy mentioned books ; that
his offer was^ to put him in possession uf alJ
the papers.
Mr. Francis was then called ; he saw Mr.
Ilardy twice, firslal his own house, and after-
wards at Mt. Francis's house ; the Corres-
ponding Society had thanked Mr. Francis for
a speecn he had made lo parliament in the
year ITP't, and had expresijed a desire that it
should he printed ; upon Ihut occasion he saw
Mr Hardy; he says, belbre that tune Hardy had
been sent to hi n to desire him to present a pe-
tition on thf- subject of a reform in parliament;
thai It ley wis lied their delegates might be ad-
mitted to come to his liouse, accordingly
they were admitted, and they brought a
petition— I here were four of them; he told
them he objected lo the prayer of their peti-
tion, wliich was for universal representation
according to the duke of Richmond's plan;
he says, that Hardly seemed a remarkably rea-
sonable, quiet man; that they were very
ready ^l the argument in support of universal
fiuSrage, they said they only followed the
opinions of the duke of Richmond ; he says,
he told them they should have left the re-
medy in general terms to the wisdom of the
house ; they said they were sorry they had
► 4iot known that sooner, but that now they
could not alter it, as the petition was signed
by a great number of people, and must be
presented that day, because Sir. Grey was
that day to make his motion.
Mr. Francis says, they did not declare that
they would accept nothing else, but they ap-
peared to him to adhere to universal represcn-
I talion. There h a It tile puzzle about a letter
F which had been written to Mr. Francis, and
tills answer ; they had in that letter thanked
(llim for what he had said about a radical
I reform on abroad basis; he says that was not
J exactly the tenor of his speech, but he did
^»ol think it right to enter into much atterca- I
lion upon the subject, he gave them a civil
aniwer^ and there it ended.
* Sec the debate on Mr. Sheridan's mo-
lion, in Ibe New Parliamentary History, Vol*
30, j». ^g;».
Trid^Thcmat Hatdtf
[1360
The Earl of Lauderdale sajs. he rocemd i
letter from the Si»cietjr of the Friends of
the People at Portsbure, near Edinhuf^h;
that he saw Skir\'H>. ; * jt utcasion,
and he suppose* the u w 45 nude
lo him in conitequtiKv '. ^ tonvrrnalkm
with Skirving; Skirvui^ repre*cn«erl tlitttthry
wished to have men of eduCdliun, tlml th*^^
mi^h I he prevented frunt iktMng intu nbfUN
dilfe% which they should oiherwivj lie liable
to falf into; he ^ays be had nu rea^ionto
suHpect thi£t iiny thmg mure was meant Ihan
ra obtain Universal SuflfrAge ami AtwiiiaJ Par-
hamentft; he heard nulhihg of force* and litii
no reason to think there wns any intention of
force. He was asked if he hid heard any
thing of Skirving's letter to thtrdy m Jul?,
1793, which is a remarkable lelier, his lorn-
ship says he had notj—thi^ [ think* iAthe
evidence on the pari of the dcfendani.
Gentlemen, I would, if the day were not k»
far spent, aJ^d my own strength too moth ei-
ha^^ted, now go on and finish what I have to
say upon this subject, but I foresee it muft
necessarily rim into an inconvenieul length,
both lo myself and to you; and, therefore,!
hetieve I must trouble you to attend to-marrov
morning, and then 1 shall hope ia a few boun
lo release yotr*
It being now thirty-five minutes piute
o*clock at ni^ht, the Coiirl adjoumcid to W|
nesday mornmg, nine o'clock.
Seision Bouie in the Old Bailiy^ Widmt
Ntn^tmber 5th^ 1794.
pRCSEaiT,
Lord Chief Justice Eyre, Lord Cluef
Macdonald, Mr. Baron Holtiam, Mr.
tice Bullcr, Mr. Justice Grose, and
his Majesty's Justices, &c.
Thmnat Hardj^ set to the bar*
Lord Chief Justice K^rt, — OenllcmeQ
the Jury ; I^sl night, at a' late hour, I fin
the summing up of the parol evidence, and
some narts of the written evidence, which
seemea to be more immediatrly connected
with th6 oarol evidence 00 both sides, escept
that I din not slate lo you the proleit in tbe
House of Lords, which was rp»d to you, lij
the consent t>( the alto- '00 tM
part of the prisoner. I i (ojfOi
at that time, because it (Jiu noi ^pp^M" toi
lo be in its nature evidence. It is touM ' '
that ha% passed in the Parliamentar^r If
of this country, from whence
might be drawn, on ihr* •^^''« '^* *^^
lo evidence tbe purity m f«il \
tentions, and, in myju !, : .r^ . .jjal
view only that it can be made u»e of i
behalf.
Having thus finished the suntanii^
the evidence, I vankj »ay lo yoii, that iJ^m
cause, this great and mometkUKu cauic be^
-^-^^
Ft.
\36i] for Jh^h Treamn.
/vfOii \\\c king iiriil the prisoner at the l^ar,
tlie
!uis
e« so comiiK'tcNJ, bus bctni prucink'd ij|*vri,
ad Ua!» been atteiRk-tJ to by ^uu with so mcicli
fttieurc uiui If liiper, that there \^ reusori lo
)i)^}cct tluit }our maids have bei;it siiilicicrjlty
jfi^rmed ori Uic suhjurt to enable yun to djs-
over il5 tiuo merits, ajid to pronouure a vcr-
which iu lh€ f ' wiU bt? satis-
ctory to vour own - , and an so< h,
innol but be !y&ttiaLivii^4> iv> the comiiui*
GiMitlemen, \^ "^ '^ ^r,. ■-.! i v.ticr,, ik.,n to
l>e, a"4 1 c;in In i iiftii
J duty a!i> that \ : . mr,
» reftect that upon this occasion there t8, I
tiink, no possible cliance of our bcin^ cn-
anglcd in any ditlkidties in point of law.
'he venhcl in ihjscase, will not proceed, and
Will rice JVC no directions from mo that
t ought to proceed, on any narrow or lethnical
ounds. The ' ' J'd in liiis in-
Gtnienli Is in l ilic prisoner
the biir, anti lhum; nmi^j n.ive t ■-
Vrncd with him, h^vc con^ptreil
' -jfp. :.,..! r., .mI.....,i U.i- ,n r. ,.,..
h^
©f CO I lijciiciith ot the king. Jl is
indeed I ; prcfiuinplion of law, jicknow-
Icdgijd by tiie Ujsl writers upon lUe iuw, and
pArlicukiily by encrj' one of tboisc writer!* who
imve Ijccn referred to by the counsel t»n both
6ido5, tlvat be who con^ptrc^ to depose the
-. and jnij^inr;* the doith of
I never has iKrcn niude a quev
WIlfUUT 111' '' ''^'■''' " '■' '"■■"■" "''ilU^
til of th. lent
cd in Ih* i, ... .; ,. .- , > Uic
zy to dcpoKU hnn, ^^r whether the
nicy to dcpoM' the kill % nmsl mrriHa-
rily,'froni the imlure of tl ! hi -
uent to the c'-'iii|Mi>mi: the
^ath of tl put
you that i he
dcatli of the i^iiV'j, ib Iw Ic piovcU i4 ciiiUipUou
jji the n^ind, prior '** lb*' eonr<*ptic»n ol de-
A. D. 179f.
[I3C2
poftition, that an hoiH:st man could fai:
iloiiht whether he who conspires to dr
the king, hvA compared or iiimgiticd
dciilh.
Gentlemen, you will tbrrrf< re proceed
the cxiimiuution of the fa.ct^ und [ iiin m
cordially disposed to agree with the conn:
for the priiionerf th.tti if he is ihis duy to
convicted^ be ought to be proveHblenicnt
taint; i.e. the proof ought la be clear
eonvini'iiig. t ■ ' Aord diri
le55t I shou|«l« oully»«iH
the nuture ol u.. j-uj^u , li ini> couMst of,
train of circumMances provjdc<l the result
such as hhrtll leave no <]Miihi ;.i your min
The law of the bnd i- clcrir, tlmt
such proof is as legal, ai re ought to
be as satislactory, as the mo^i i»06iliv« and
direct proof that can be offered
Gentlemen, the question of fact may be
shortly stated thus ; — Whether the prisoner^
and the other persons, have conspired to si * ~
vert the monarchy, and whether they ha^
set on foot u project of a convention of if
people, in order to effect it ?
Gentlemen, 1 iiave employed a part of thai
time since the Court broke up, which it was
necessary enough for mc to have devoltfd
sleep, in endeavouring to take such a rcvii
of the evidence in this cause, a*^ might cnabi
mt to lav tlie questions of fact between ill
king, and the prisoner at the bar, with sor
tolerable distinctness, before you, thut y^
might ^ce where the matter hin^^eilt and th
you inij;ht be lla- better eiiabk-d to apply your
atleniioii and consideration to the difcrcnt
points of th«5 case, i rlo not know whether I
shall succeed, or not, but 1 do hope I shall he
able to point out to you the leading features
of this case, in a way that may be of som^
use to you in t'-r"""' ^-^ir judgment,
I begin will . you, that I think i1
ought to l>e c<if J thi^ priboner, u
the whole result of this evidence, that be had
set out onginally upon that which is called
the Duke ut ltichinon<rs I'lan of a Reform ia
PurVtauicnt ; thai is, upon a plan to obtain a
representation of the people in the t'omtnons
House of Parliament, by Universal SuMVage
and Ainnral Election ; and I think it will be
incundjrnt on those who sustmi the proso-
culir: istyynu that tl I, a; ■
the tins who have »jrn<
la^^
mer
proxinuty wJ.
rrtd^;?tjf>n o* \
jm that whid
[Tid it iH tht
I^^i'niiitiMii
4S
rigu';'." or i .iJiiLinii'iH iiiKf^iaO
1363] S5 GEORGE IIL
n>ent of a government by a reprcsetj ration of
tlic people only; a pure democracy, which
may uiKlmibtedly be comprehended under the
Lords, " a full and free Representation of the
People.**
Gentlemen, in the mass of the written evi-
dence which has been laid before you, there
are to be found paasasef, and those not ex-
tremely numerous, T^Tiich will be fit to be
submitted to your consideration, as grounds
from whence the pro^culors have drawn
their conclusion, and by which they are to
support it ; that this departure from the ori-
ginal plan has taken place, and that the prt-
ioner at the bar has entered into the criminai
pursuit imputed to him ; the passages in the
evidence to which I particularly refer you, are
those, in the first place» which mark the con-
duct of the popular societies, in which the
prisoner is imphcated, in the course of the
year 1795, prior to their presenting their ad-
dresses to the National Convention of France i
when you have considered this evidence, you
will have then to consider thof>c addresses to
the National Convention, with the circum-
stances belonging to them. After you have
een and considered those addresses, you will
hen have to look at their subsequent con-
uct, to be collected from their written trans-
btions, down to the time of the dispersion of
he British Convention, in Scotland, in the
atterend of the year 1793; and then you will
bave to consider, and to form ^our judgment
"pon that project of a Convention, whicli was
Dnceived and proceeded upon, to a certain ex-
ent, in the beginning of 1794.
Gentlemen, here! think you will find the
;reat outline of the charge, upon which, with
uch explanations as the rest of the writlt-n
fevitknce will afibrd, and the additional cir-
tim stances disclosed by the parol testimony,
foil are to decide,
I think I may state to you, without troub-
ling you with particular evidence, that it is '
lear, from the whole mass of the evidetice
rhich you have heard, that these popular so-
acties had, in the beginning of the year 17 9t,
► conducted themseTves as to raise a question
upon themselves, and their conduct, some
lime before the addresses to the National Con-
tention took place; you will recoliect that it
ippeared, from some uf the papers which were
Itead, that there was a society, calling them-
ilveSj ** The Friends of the Pebplc,** con-
f of men of rank and property, and of
Ktion in the country, who wd Defused to
orrespond with the Constitutional Society.
jTou will recollect,, that the same set of men
liad exhorted the Sheffield Society, with whom
^thcy were in correspondence that year, and
" ad ethorted them in vain, to make an ex-
plicit declaration of their attachmeol to the
nvcinment, as by law estabhshed^ Some of
Qiese popnbr societies had gone so far, that a
ciely, at Stockport, put the oueftion, di-
'y, to the Loiid(ui Cgrr^poaaing Society »
TmtqfThmas Han/y
by a letter, addressed t neriiowa
the bar, to know what it v ■ ■ . ^ meant, j
particularly to know, whether they i
go on with the House of Lords > Tnat i
intimated their doubts, wh-^ b
House of Lords, they could
plan of reform ; or, whether \
who made a part of the 11
liberty of conscience, as they unutr^nood
could ever be satia^torily established.
Another society, in the *^j'^-^ '-■- fw
Norwich, put the question still ukcti
and in a way which could not ^ ,
understood ; fur they put this direct ip
to the prisoner, Uaray, as secretary
London Corresponding Society : — Do you
tend to rip up the monarchy by the root*. >
is in evidence, they suspected tliat this \m
letter wa^^ a snare, mtended for Ihem ;
will recollect Lynam's evidence to tjjat efl
and that they were on their guard. The |
soner, Hardy, for the society, answered I
these letters. To be sure, one inisht i
ably have expecte<l that men, who
the duke of Richmond's plan, with
of heart, and who meant not lo go I
plan, would, when called upon, have mostil
tinclly avowed the extent of their plan,
terms which could admit of no equivo
or exception ; that they would huvc av*
their dutiful attachment to the king;
they would have avowed their adhercace I
the constitution of the eovemment, as J
established, in King, Lords, and <
that they would have left no mail to
and particularly those persons who put
question to them, what their of-- -
upon these points, on which th
was to govern the conduct of olKi_»^. v*
respect to the present letter, the moK i
they had to suspect that letter to i>e a l
laid for them, the more reascm tbej hftd^
speak out.
What the opinion was that tliey re;^ly <
tertaincd, the answers lo these two requil
tions are supposed to be suflicient to
you to discover ; the letters and I be j
shall now be read to you ; bf^fore tiiey
read, I would observe, once for alt, that to a
case of this nature, much stress <
be Idd on particular expressions.
that men*s Uves should depend on*
pretations and constructions of
against even a very strict inti^
actions, lo the prcjuaice of any pri
sometimes expressions are too sii
times transactions too exphcit, to j
doubt as to their real interpii
meaning.
GenUeiQen, hear the answers to these t
requisitions read ; attend to them, anil i
what it is they do import, and
wheiher they do import any &atis&cioi^ I
explicit avowal of attachment to tli« ooMlin^
tion of the country, as by law TTtnMfcrtnJ^ ll
King;, Lurdsp aad Coromooa.
1365]
^r High TreatOH'
A. D. 179*.
[1366
^B no
[Sec piges ^88^ Sao, 39ft, 393, ef te^.] "
Gentlemen, nil the observatioas thtti are to
made ot) the i^iirticalar c^ipress'mns m iUv^e
,WQ answers^ h^vc been jilread^' made to you
J the counsel, and you will judge of their
roper force. I h«ve no occai^ion i4J repeat
' em. Siich of them as strike your nilnds,
Icarly and distinctly^ are probably well
fed. If it re«|aire? much uiccnctss of cri-
inauiry to fix the meaning imputed to
onls, i should advice you not to employ
ourselves in that sort of crilicbm, I think
would only eijtJtnglt? yourselves, and you
not see lh4^ case in its great outlines,
I believe is the only way in which it
be seen truly. One obscr%'ation only I
make on tlveii' answer, because it i$ im-
lately connected with the history of this
transaction, uamcly, tiiil, in their answer
tJiey inform the i»ocii'ly at Stockport, that they
liavc resolved on addressing the French Na*
liuna* r.iMv..Miu.o T^nd then follows this ex-
Iraor *' Without cnlering into
the i M of such a measure, elfec is
hich your society will not fail to di$cover, we
invite you to join us/' What were to be the
jirobable ejects of this measure, which these
fMnons were to discover ^ And why did not
they expressly avow to tliis society the whole
q( their project, in terms that could admit of
no possible equivocation, or doubt ? These are
' le only observations which 1 make on thia
letter*
Oentlemen, Ihcy state that they had re-
aolved to aildress the National Convention,
4Uid they did, in fact, address it; and it h very
ap|>arent in the evidence, that the society to
bicb Hardy belongetl took the lead m that
jeaaure. Tliey notify it not only to the
ilock port Society, but also to the other socie-
'e% With whom they were then in corrcspon-
Dcfi, They transmiUed their resolution to
idress the Convention to the Society for Con-
' nal Information; that society having
cd their aftprobation of the intention^
id on Corresponding Society tranftmilted
lo them the address, which they meant to
^f^nt] tK^ result was, that the Society for
i unal Infoniiation did not think fic
t y M m in that particular address, but
ey alsa resolved to present an addrtss of
heir own lo the Convention of France, and
t i;d so. What their objects vv(*re
I _ iic^^e adda-^M's are only darkly
tliuticU to m the letter of the Corresponding
iety to the 8ociely at .Stockport; but
vcr their objects might be, it i* anobser*
II which an^es upon their conduct to-
s those two societies to whom thcv 5cnt
lews two letters, and upon their conduct in
ihiu inf sintin ' TlifM' iiddresses, that if, m
* to explain the iellerSy
I lev Iioii measures lo
luepwuii iceofsome
ID check, : lo animate.
Or imy other ubju.id| which xuade it a/eceamiy
\ l*>cli
Oriu]
for them to keep measures with those iocie-
tles^ and to answer every man in his own
way» SO as to lose none, and to increase the
number of their followers ; and if you were
disposed, therefore, to attribute the particular
language of these answers to some such QOH
ccssily, or policy, yet in respect of their coaH
duct to the National Convenlbn of Fraric^^
they appear to be perfectly volunteers ; to
have no measures to keep with any body,
and to be therefore directly responsible for
all the consequences that might follow from
such addresses.
Gentlemen, it will be necessary to trouble
you wiUi the reading of these addresses;
because they, on the part of the prosecution,
[ insist, that they admit of no explanation
whatever; that they are the measures of
determined Republicans, going out of their
way to express their zeal in the cause of
Republicanism, — You will hear these addresses
read, and you will judge for yourselves, how
for they merit that imputation. ^_
[See pages 522 and 535.] ^|
Such was the language of these addresses,
which were presented to the National Con-
vention of France.
Gentlemen, it appears from the evidence^
that these addresses were presented by per-
sons appointed from hence. The name of
one of them is J. Frost. The language in
which Frost presented them, you are in pos-
session of; it has been laid befoie you, in the
course of the evidence, but it may be proper
that you should now hear it read again. <^
[See page 579.] ^M
I forbear, at this time, to remark on the
conduct of the persons employed to present
these addresses, except so far as that conduct
is coooected with the case of the prisoner at
the bar, because, in any other view of it, it is
not before you. The lauguage used by F'rost
is connected with the case of the prisoner^
for though not held by the prisoner himteU,
nor by the persons who deputed Frost to
deliver the aodrcsses, yet it is brought home
to them, because the language of the presen-
tation of the address is transmitted by F>ost
to the societies; and you will find, thiit, alter
they bad been informed in what language it
had been presented, an unqualified approba-
tion of the conduct of Frost was given by the
^oclcty for Constitutit^nal Intoiuiaiion, of
which Hardy was an associated mrralcr*
Ad observation has been matle Mp^m one of
lhf«tc addresses, which dec I »i re?, " ■♦ '' = ' the
National Convention of France i to
act, there was htlJc to be doi ih
itspcct lo the views of these po^
What connexion the views ot i
societies could have with the NaUou<d Cvn.
vcution of France, unless ihi-y had begun \n
entertain m new idea, or a new intcrprclatioa
of tlie phrase, ** Reprci^ntation ot the pcopU
by UmvcrwdSuftAgeaadAimuiU £iecu»ci&.,'
lani 55 GB0116£ UL
smog oirt cT the prooMdimorilieTlalioiiil •
CiMiveatkMiofFnooe^ orniMtuMiagtfiiKif i
thnD^yeltobeiiowadofled, incoMMiMiioe
of tbeN^tioual Convcotm of FnuMe wvinc !
odiibiled thfttmtttcaie on the Ihettre i?
the .worlds and lo be now atteapled lo be
oMiied into eiecvtioii, it for jfoar jvdgttwnt.
Tbe praMoterof tbcseaddraMes fm€MyiimtA
oo expeclalion, tbat felkittfiorii mMk moo
oome over lo a Netieml A«kh«% here.
Wbst Uttt Netmal AmeniUy w» to be,
which was to be ettoblifthcd beie m Emgliody
and which was to be felicitated hf Fiaace,
will be a Mdbfeet for your serious cooMlera-
tioo^aod mart dekctve and demaiid the
deepest investiptioa.
Geotlemen,! have stated to $00, thaithe
Oidy eflEeet, b tfab cate, which the fancoace
of the delefpte, who pteselitid this address,
CBO have, is ih respeet of* the addptibo of it by
tbe prisoner, and by the penom eoiieenied
wHh hffli. It was truly ahsen>ed, that, if an
a^t be employed, it waald be cmel to bind
m principal to any tbin^ in which he went
beyond the bounds of his apn^: It would
beerurltohnpiHetheacts otibageiitio hb
prindpal; when that principal never approved
of them ; but, if the principal does approve of
them, there is no hardsmp in such imputa-
tiso; there is nocniclty or hardship whatever
in maikinz tbe principal accountable for the
oooduct c7 the 4»^nt, ih obnstniing the lan-
guage of the agent to be the language of the
principal. .
. Qeqtlefnen, you will judge, whether those
concerned to support this prosecution have,
upon solid grounds, or otherwise, branded
these procee<ling:s with rank Republicanbm,
and with being a distinct avowal, that every
one of. thofic people was embarked in the
cause of Republicanisni : it is an eitremely
unportant point to settle; for, on your review
of the subsequent transactions in this cause,
they will undoubtedly have, and must have a
very different complenon, as they are under-
stood to be the proceedings of determined re-
publicans, or as the^ arc understood to be the
proceedings of dutiful and loyal subjects to
tbe king, zealously affected to the constitution
of the country, as established in a King, T>ords,
and Commons. Men of the one description
are entitled to a large, liberal, and candid in-
terpretation of all their wonls and actions.
Men of those other principles must expect to
have their language, sentiments, and conduct
referred to tliose principles.
Gentlemen, the next head of inquiry for
you will be, the transactions of these societies,
subsequent to tlie presenting of those ad-
dresses, and prior to the conception of the
present design of a National Convention in
England, which is tlie immediafe subject of
this prosecution; and you will exanune,
whether tbe persons who bad taluta this ei-
tvtioidinHv ii-mf •-••s^»» -— i- ^
tlM7hM»i
iMDWulildc
Assembly i
donebytbnei
pectatkn of a Naiioiial
land; yoa wiH jjadge ^
taken very active step* to i
for it The acts of these 1
mediately referable lo this
hwe been laid before jwm^ en the |
psoseeution, consist cliiei^of f — '~
portingwarm and mananfied
the vrorks of two celemted wvAeriL
Fame and Joel Barlow; the lint wmi
the R^ts of Man, and the faMt on wlit Mi
called the IVmJflge^CMrrs. P^tfts of these
works have been read to yoii, and tfaejave^
most direct attack on the establish0eiitof iM
im^
monarchy of this country ; ua^ Ibey doailKk
more or less' pointedit and dirfeet^ the ert*'
blisbment of that order in this eocmtiy— Ihtf
Bouse of Lords. The societies not ctolyap
proved of these works, but thej dispene#
them all over the counlr}*, with a woiweifol
anxiety, and at a great expense. The prose-
cutors, in this ca«e, have asked the questioi^
why was this done ? They say it is acting
consistently, if it is done by Republicans,
who wish to subvert the monarchy, and to
overbim the established orders ; but, if it is
done by dutiful subjects of the kiui;, and per-
sons attached to the cfmslitutioii oV the coun-
try, what explanation can t)>ey give of it ? In
the defence that was made for the prisoner, it
was ob5)er\'ed, that there were parts of these
works that went onlv, in general, to defend
the Rights of Man in society, without going
to the establishments of this country ; that to
such parts of the bc works, there could be no
reasonable objection ; and that those parts
might, therefore, l>e disseminated by honest
men and good subjects. Admit that the ob-
servation IS hir; was it not the duty of
honest men, and good sul^jects, who were dis-
seminating such parts of tiie<e works asmig^t
serve to enlighten mankind, on subjects on
which they ought to be enlightened, to have
taken sonic pains to have separated tbe l»d
parts from the goo<I, or at least to have given
tbe public some caution, that, in reading
tho^ worics, they should make a separation
of themselves^ that when they were reading
•f the general Rights of Man, and fotma
fy?!^ JS?^ »5.^ mcnarchy of this
**«Awiidheeafefidtiotto imbibo
13159]
Jin H^h Treason.
A. D. 1794.
[1370
reading observations on Privileged Orders,
they should take care to remember, this was
not intended to strike at the orders of this
country, to which the public had a devoted
attachment ?
8uch, gentlemen, would have been the con-
duct of good subjects, Tliat this vras not the
conduct of these persons is most apparent ;
and that these publications must have had
the etfect of doing a great deal of mischief,
by alienating the minds of the king's sub-
jects from his person and government, and
from the constitutwn, is perlectly clear. How
muchof this eftcct these persons intended, I
sliall leave entirely for your consideration ;
thus much I think is clear, that tlicrc is no-
thing in those publications which can serve to
remove any prejudices which arise against the
prisoner, and the persons concerned with him,
from the addresses which was presented to
the Convention of France.
Gentlemen, another general feature in the
transactions of those men, at this period, is
their numerous publications, complaining of
grievances supposed to exist in this country,
and the abunaance of licentious observations
scattered throughout these publications, all
tending to produce the same ettect — the aliena-
tion oi the affections of the country from the
king and government Grievances may and
will exist in all govcrnment8,and that they may
exist in a greater or less degree, in this govern-
ment, may be true ; but dutiful and gcxnl 8ul>-
jects, who honcstl v mean the reform of these
grievances, will take care, in their endeavours
to procure this reform, not to hazard the over-
turning the government itself.
These are the transactions in the early part
of the year 1793, upon which the prosecutors
rely, as munifcsting a spirit of disaffection
and republicanism by which these men were
actuated, and as evidence of their having
taken measures to prepare mcn*s minds for
what they call a radical reform ; in effect, a
change in the whole government of the coun-
try'.
It appears, that in the course of the sum-
mer or that year the project of a National
Convention, to be hcla in Scotland, origin-
ated ; and they say, on the part of the prose-
cution, and certainly not without colour (how
far it is distinctly proved you will judee),
that it originated with the prisoner at the mir.
They refer you to a letter, written by the pri-
soner to Sk Irving in Edinburgh.
[See p. 407.]
Now you w'lU hear the answer read which
Skirvin^ sent to that letter, and you will at-
tend to It, because that answer is charged on
the part of the prosecution to have a great
deal of matter in it, tending to explain the me-
chanism of a National Convention, and also
what was to be its great object.
[Sec p. 408.]
GeDtlcmen, every part of this letter de-
serves the roost serious attention, in that
view of it, which I pointed out to you just
before the reading of the letter. I think there
are some paragraphs in it which may require
to be respited to you. This letter says, — " I
have not a higher wish hi the present exer-
tions for reform, thap to sec the people uni-
versally and regularly associated ; because I
am persuaded that the present disastrous en-
gagements will issue in ruin, and the peo-
ple then must provide for themselves.'^ What
du these mysterious words mean ?— disastrous
engagements to end in niin ! If we under-
stand this to relate to any political engage-
ments into which this country had entered,
and which might end ill, the people woidd
not have to provide for themselves; that
would not dissolve the government. What
does he mean, therefore, when he talks of
these disastrous engagements, which are to
issue in ruin, when tne people are to provide
for themselves?
" And it would be unhappv (says the writer
of thb letter) when wc should be ready to act
with unanimity, to be occupied about organi*
zation, without which, however, anarchy must
ensue." Organization of what ? It is true^
that if the country was to be brought to such a
state, that the government was to oe destroyed
and another form of government to take itf
Elaco, it would be unliappy when we should
e ready to act with unanimity to be occu-
I pied about organization of the new powers of
government, without which anarchy must
ensue. — ^Does the writer mean this, or what
does he mean ? lie goes on — " Wc will not
need but to be prepared for the event, to
stand and see the salvation of the Lord.
i Let us, therefore, take the hint given us
' by our oppressors ; let us begin, in earnest,
i to make up our minds relative to the extent
, of reform which we ought to seek.''
The extent of reform which they oujght to
seek, according to the defence was distinct,
and well known, and liad been so a great
while, for it was the duke of Richmond's plan
of reform.
He adds—" Be prepared to justify it, and
to controvert objections ; let us model the
whole in the public mind ; let us provTde
every stake ana stay of the tabernacle which
&« would erect : so that when the tabernacles
of oppression, in the palaces of ambition, are
broken down, under the madness and lolly of
their supporters, we may then, without anar-
chy and all dangerous delay, irect at once our^
tabernacle of' rightcuumas, and may the Lord
himself be in it."
What docs this mypKvious man mcaa?
What is this tiilnirnaclc of right rousnesB
to be erected at once, \\iIIk>uI aiurchy
and dan&^crous delay r arc Uu y right on th,^
part of the prosecution vhcnlheysiv, ih^^
he means thai it is probable there may gooti
be a rcvoluliun in tlie government of \^^(r
country, and tliat, in that case, it 'would b^ cj
some body of men should be ctady to |^
kviDg had this cuitimuniaition with
Skirvin^ on th€ subject, he had An opportunity
of weighing It.
There is in the cTidencc another exposilioo
oi a national convention, it may be proper
that I should mention it, but I shall not state
it with great particularity, because, uniier the
circumstances of this case, I do not think it
ought to press much agamst the prisoner.— -I
mean the speech of Barr^rc on the subject of
a national convention ; in which lie takes a
great deal of pains to show, that it is a thing
}>erfectty consistent with an established go-
vernment.—That a national convention was
Ihe autliority of the people at large, which
might consist with the established govern-
inents of ah countries. The use that might
be made of this doctrine, by those who wished
to reconcile the people to a national conven-
tion a«i a constitutional measure^ is apparent,
and the probable consequences of such a con-
vcntion not less apparent. And here it is fit
Ihut I should take some notice to you of a cir-
cumstance not wholly unconnected with this
nan of the subject ; It wm observed to you
ny tho leading counsel on the part of the pri-
soner (to whom T am always desirous of pay-
ing attention), and the observation was re-
peated, that a (K!ople had a right to alter their
pvernmenL That proposition, under certain
circumbtanccSf may be true ; but it ou^ht not
to have been introduced into a court of justice,
bound to adiuinifitcr the iaw of the existing
governuieut, and to suiter no innovation upon
It. I did tiol internipt the learned counsel
when lie stated this proposition, because I did
not wish to stop him, or to disconcert the
chain of his argument; hut havmg passed it
bv uonn that occasion. I fenl it mv dutv to no-
Skirving*s pruject
land; he recommends
an official letter to his
propose to them to sen*
ventioD ; and, in that
ing nut to take notice
municatioQ with htna*
Hardy, appears quite iaj
was certainly not an ii
society, independent of
the society. Had he a
it might be said, he m\
in a great many tbingftjJ
ten many things whicB oi
or which he had not time
might write whole slieeU
idea of the sense after he ]
was, therefore, very mu
consider the prisoner oiU^
here he certainly i^ a pri
traordinarily so; a prim
great share of the spirit oi
city, which totally chaofi
the man, as it might t
from all the rest of &e c¥
A letter is written accor
and the delegates are ap
two very able men, viz. Mi
The Scottish Conventioi^
for fourteen days, and im
authority. Wliat wotj|
that Scottish Convention
persed, one can only conji
to form any rational conjc
to attend to the general cc
vention. It is fit you shoi
memory just the leadini^ j
pressed on yoU| on be
the meeting of the tls^l
ISTS]
Jbar High TreoMon.
A. a 1794*.
[I374r
consent to H onlj I>ecau9e it would prepare
men for what was to follow, and •erre to
keep the public muid in agilatioo upon that
sul^cct Considering this convention as a»-
Bcmbled, in order to procure a reform in par*
iUmetit, It would be nt to compare the means
with the end, and then judge whether this os-
ten«»ible purpose was the only purpose of this
convention*
When there was a motion made, that a
scroll of a petition to parliament should be
prepared, they negatived it, and therefore, if
that was their only object, the mirpoM of their
meeting was at an end ; but, laying that ob-
ject aside, view this convention as it was ; yon
£nd It closely imitating the manners of the
Katjonal Convention of France; you hear
of primary assembties and sections ; you per*
ceive this National Convention assuming to
Hself a formality of proceeding which is very
becoming where it is subject to no just excep-
tion, but in the place in which it appears, cer-
tainly very alarming. We find the convention
IS const limited every day by solemn prayer ; it
is closed every day by solemn prayer. They
bad llielr committee of finances ; their patrio-
tic donations, with honourable mention ; their
order of the day; their appellation of citizen;
ftod after the tenth day they assumed this
data. TkeJirUyear&fthe British Convent hn :
recoikect, how all this follows the language of
the Niitiunal Convention of France. Who
shall »ay w^t^lt would have happcnH if that
convent ■ > -^ not been disperseil at the end
of fou r W ho bhah say that if they
had cou; — . :u aii^ume in the manner in
which lUcy had breun, and some interval had
been permitted to them, and that in that time
they na<l happened to gain the public opinion
in thetr favour, ludging by what happened in
France, who shall say that this body of men
^rould not liave been the government of this
country ? This convention was, however, dis-
persed ; the consequence of which has been,
that legal proceedings have taken place against
lome of the members, upon which it would
Dot become me in this place to make any ob-
•crvaiions, except lliat occasion has been
taken to complain of these proceedings as a
grie\'ance, and most certainly the prisoner,
•nd those who are connected wirli him in
these societies, did lake occasion from thence
to irritiitc the public mmd to as great a de«
gr«e as it was nossible to do, by the reflections
that wtrr roaae on these proceedings.
' n, there immediately followed
'M Hi?ctions which were dispersed on
ti^ ' *e proceedings, the plan cjf a
hi onto be held in England;
^ k » " ' ' f >oin I to w hich live whole
o(i\u IS to have its relation,
ttioreti»p. . ^,,m I i deaertoa lerious atten-
tion on your part* %o th« citciililStaaccs witlj
vrhich this new p^^r^ of« rrtrtvi»i^iii-k*^ t*^"!. ;..
troduced lo the ;
It was recoimnent! , _.. ..l.... ,
la ofdcr to eaablo you to jtuj^e, whether tlic
object of it was that peaceable object whicit
is insisted on for tljc prisoner ; whether a r&.
form in the Commons House of Parliament
was really the bottom of the whole; of wha-
ther the object of it must hava been to altev
the constitution of our goverrunent, to obtain
indeed a fuU and perfect representation of the
people, but not m the Commons Mouse of
Farliamcnt.
One should have apprehended that under
any provocation which these people professed
to liave felt, or which tluy might really feei^
they would have pursued a very different
course from that which they did pursue, aa
they were acquainted with the circumstances
of the dispersion of the former conventioDy
and with all the objections that were mado
to that convention. As they were determin-
ed to have another convention, it was to be
expected that, at least, they would have takea
care so to guard their htnguage and proceed-
ings, that it should be impossible they could
be misunderstood ; to liave expressed them-
selves clearly and distinctly on all ocaisions;
to have explained the grounds of this convcn*
tion ; to have conducted themselves with a
decent moderatiun towards the government
of the country, and towards its proceedings.
It might reasonably have been expected that
they would have made an express avowal
of loyal sentiments, and an express disa-.
vowaf of going any lengths which could be
justly objectea to ; an express disavowal of
ffoing beyond the original object of par-
Fiamentary reform, as stated by the dukt
of Richmond. Every thing that was inBam-
malory ought to have been most carefully
avoided, in order to prevent their purpose be-
ing misunderstood ; and what was more ma*
terial, in order to cn:»ure success to tJic mea^*
sure itself. What was done you will see, and
from that you will form your own conclusions.
They published a paper, which you will hear
read, and you will attend to it. I do not con-
sider it as my business to make particular
comments on it, let it make its own impres*
sion on your minds. The paper I refer lo
^there are many which are connected with if)
is the address of tht^ ttOth of January, 1794»oi
the London Correspondini; Society, at a geae*
ral meeting held at the Globe tavern i
[See page 441.]
Gentlemen, you have heanl this paper read,
it expressly refers to a convention; and it was
certainly published at a time when an idea oT '
ft convention was in tlie minds of tlie people
Now )'ou are to judge between the king and
the priHincr upon the evidence which this i
paper aUuTd5, wtiether the object of
ventitin w^is merely to procure a tr-
reprciicnti^i'. :. ^ ■' , - ' • . .1 .
House of I
''*■", Slid .it ' 'JUJltl^ IV Ult 1.1.^X131.1 LMi I VM I \«l
»ry, or whetlier thai paper is to be under- j
, ...d as a manifesto to excite the people la
\ Qvcrtura the sovonuQenti and to dis5£X%
nnita a joini commncee, wno
ivsolution ex piTs^ed tu more guarded kngasge,
wiiich ^ oil will Kesr read.
[See page 564.]
You s€c thai ihis h a dry rp^olution to call
a couvf iktion fur tlie |nir|>us€ ot taking tnlu
comidenitioii the proper method or ohtaiiiiiig
a fjUr and full representation of tlic people*
This is Iheir object, ;i> i1u\ tlinik tit to express
tljcmsclv€s wpou con Hiid it cer-
tainly wa^ not too laii it tu have re-
tracted any part of the rdshne^5> and violence
of any former mi^sure which Ibcy might have
taken. If they, thinking ibey had Ccen too
violent iu their expTe:»?iiori5, or extravagant in
their sentiments had come to this resolutiou,
with a view to remedy the fault of their former
proceedings, and contiiic ttic objects of the
convention within its just limits, that con-
sideration would, no doubt, have its due
weight ; but even iu ibis resolution we find
no <fc€la ration that they sought only a reform
in the Commons House of Parliament, and
tliat no atl«:mpt was meant against the King,
«nd the jurisdiction aiid authority of the Uau»e
of Lords,
There was a joint committee of correspotj-
deoce and eo-operatian appointed by tlic&e
Bockties to consider of the means for carrying
this resolution into exeaition, and it appears
that they entered into a very extensive cor-
respondence both in England and in Scotland
for that purpose ; while that cor i^ ' -ce
was going on, upon the 14th of A i *e
London Corresponding Society htiu u ^^-i^Mal
meeting ; it seems to have been oriL^tnaily in-
tended to have been lie Id in a large room in
Store-street : it was not held there orobablv
Ullv
J press I he
^ to let '.vl
they wert
which oti i
mulgated \
ing to briii-
fectsof their l-or^icr vioi
advancmg in the same o
by the aamc means to ihi
their object, what uust Im
irustead o( rr-
of their lo)
ment t-* ti
a:s rc^.
as\A\ '
i:.
y\
tiieJii
this iii
<|ue!9tiou;iUc ^ha^»c: •
nes alori£; with li r
force, and .
they arc ri
in suupori
wilt hear
read, and jju wm nj^
on them.
•rwTUt
f Sec p p, 73
passible, if Uifiyaltendcd to the subject^ or if
Ibey bad t.u ' i il lo see that it
was cxtrcn; -h those reso-
Inrr— ' ' I W.I inmijMu inu«i>aijil people? and
f lore as might have an opportunity
v>. ...^...,._ u them* According to these re^o-
lutiun^p It was a probaljle case ** that they
ivoiild soon be m a sUle where the social
compiict would be uctusiily dissolved, aad that
it would be necestiary to appeal to that prin*
ctple, tlidt incontrovertible maxim of eternal
justice, that t lie safely of the people was the
suprtnnc, »iid in cases of neccsnity, the only
law/' which admits but of one interpretation*
if the sue ill compact is dissolved^ there is an
endof the govemmentf of course there must
bo the e4(tabii*ihment of another in its sicad;
another government must be framed ; this is
thcretbre expressly encouraging the people
la look out for the moment to arrive when
another govenuucnt wa5 to be framed , to be
erected on the Tuins of the present establi&li-
meat.
Gentlerocn, it is of importance, with respect
to the present question, that the eighth and
ienUi resolutions glance, not in an indirect
manner, at the House of Lords, as a body in
the contitution, not entitled to the respect of
ihc people. Of what extreme consequence
this was in the present moment you will see,
because this was the moment in which, tliat
which was to he done in tbe National Conven-
tion, was to occupy the minds of ail people,
And what was to be done f They say on the
part of the prisoner, that he, and those who
were associated with bim, were in a duiilul,
constitutional, and regular course, to collect
the sense of all people, and then present the
united wishes of the people, in a regular and
conntitutional way, to parhaincnt. Now was
that, or could that be the ohject of men who
had aMumcd lo much of the republican cha«
faeter, who afler addressing the National
Convention of France, had uclfcd the (lart they
bad done, up to the present ntomcnt, who
vere then talking of tbe social compact being
dissolved, and were Uien speaking contemp
tuously of the other branch of the legislature.
To this (Question, what was meai*t lo be
done in this convention, as resolved on, in
January, 17Q9jind as followed up by the re«»o-
kitions at Chalk-farm, on the 14th' of April,
belongs a transaction of a society itl Sheffield,
which t ' ' ly in corrcs*
Sonde h here in Lun-
on. i ul been arti-
fici^llv n I I I.I r y numerous;
there was ,i itkCLin , , , ;en thousjind,
OU the 7lh ut Apt iistlc*htlL Sevc-
IjjjjMj^uhiUouii wr I'lssed ; they were
^MjMi^by a Mr. Vorkc, not a native of that
.^l^^ktil ttho fo\uv\ hU way amoni^ thetu,
an ^ You Imvc
lit inhfT of the
JOiiiJ'-M3 Lunc.'t'L'iidmj iff whit
ifcctions he wciH to not ap*
1 ptar; how lb«c rwoiauous wtit oUlamcd, I
I VOL. XXIS*.
\
do not th*mk it material to observe upon, far-
ther than that it is a satisfaction to know, that
though multitudes are made parties to these
proceedings, there is every reason in tho world
to behve, ttiat but few are engaged in the
depth of the project. Of the ten thousand
people assembled tin the Ca&lle-hill, there is
no reason to suppose tliat two hundred knew
what was going forward. A trick for negativ-
ing a resolution to petition parliament, was
concerted between four people, and by their
mancBuvriof;, and management, these resolu-
tions passeuin such a way, that it was impos*
sible they could be understood by the greatest
part of the people ; but however that was, the
promulgation of them to the world at this
juncture, appears to have a very close con-
nexion with Ihib plan of a convention. 1 1 wa»
proposed, and resolved, to petition parliament
no more. It was observed by iLe counsel for
the prisoner, that you cannot justly conelude«
because an individual society, or those who
conducted that society were of opinion that
they should petition parliament no more, that
therefore a body of men, more likely to com-
mand the attention of parliament, were not^
according to their apprehension to apply ta
parJiament, for a parliamentary reform.
It was fairly put, and it is n^hl and fit to
see whether the observation is founded in
the truth of the case. When you come to e^t-
amine the resolution with Che context, it hardly
admits of that interpretation, because the rea-
son they as>3ign fur not petttjoning is, that
they will not f>etition a t>oay who are not their
representatives. Now that reason must apply
to the House of Commons for ever, according
lo their notion of it, and as it was understood
and adoptedi by the Corresponding Societ^r,
and other societies with whom they wore la
correspondence. If it could nolbe the object of
this convent ion to petition parliamentt whero
shall we hnd the ooject, but m the addresses
to the nation immediately preceding and
immediately following the promulgation
of the project, which appear totally incon-
sistent with the itlea ot a convention for
the purpose of an application to parliament,,
and to be consistent with, and calcubted to
give effect lo a convention for other purposes,,
and particularly for the purpose of concfriuig
the means of establishing a refw < »*o-
vernnient of the r»cop1c? — flu e of
parol evidence, which respects iiii> jKiint ht
to be stated — Lynam snys, th^tat one of their
H"- *'" ' ftell observed that their address to
f 111 Convenlion in Fr-uicc, proved
i u.--.ni im .titnn:ln*.- ill., I lnws here
I Ut. The
* 1 1 irdy wjia
f d ut A iiKviintr of tho
i: If he had no doubt, and
I I the niiture of llit li i- n i' ' mmm i< itites
th'^l opiuiijn, and if I In hm i k :. lJ.. u to-
gi'lhrr tihould be irrtx unci I cable lo Ihc other
opinion, Uien there ii a weighty nvidence Jor
your comtdcratioa, to prove tb^ whole eiteai
4T
'*^- ■''- -*
"I
J3T91 35 GEORGE III.
of the propa<(Uion ai it ia staled on the pari
©f t>»c prosecution.
The parol evUlencf applies both way?, many
af the witticsHs for the cn»wii enpressly
disavow all tore? upon the govprnmeDl, and
A very other object beyond h reform in The
Commoni* Hmise of Parliament; on the other
handf individuals are ehar^ed with having
attempted to corrupt the soldiery, tiiid io have
mediUied a ]>ersonal attuck upun the king^
samI direct force against his government ; but
this, however, I ought to observe, b not
brtHight home lo the [»fi«>oBer. There is also
frntol evideurc, though loose and unt onnccled,
aC a jH'epanitiun uf arms in whidv the pri-
aoAer is in some degree implicated, One
witness, not of the best crrtht, said thai they
were lo furnish themselves with arms to
dtfenrl the Nationiil Convention when it
should he caUed. This evidence in its nature
it very important — this ia clear, that in llieir
idea of a nuiiouai convention, every thinf^ was
Ibarein to be conducted peaceably, and orderly,
the national convention must then be pro-
tected from without, because it is by snch a
national cot%vention being protected, and
being left at libertv to act, that it could exe-
cute its orders and decrees; it seems, there-
fore, not inconsistent with the idea of a
national convention which was to overturn
tbft government, to inculcate peace, and good
ocder^ for the truth undoubtediy was, and
these persons saw it, that whatever this
national convention was to do, it must do by
means of having the voice of the public going
along with it. ^It was in that way only, that
it oould execute its purposes ; the taking arms,
therefore, to defend the national convention,
has an immediate connexion with the charge.
In the parnl evidence it was also slated, that
these people expected there would be a
struggle before they obtained their object, and
that ihc]^ had made a preparation for it ;
several witnesses said, that their whole object,
in furni*>hrng themselves with amis was, to
defend themselves ag^in?>t illegal attacks, and
negatively, that tlicy did not mean to attack
the king, or Ihe government. If they had no
•bject beyond pure self-defence, they might
lawfully furnish themselves with arms*
^ If they meant to put themselves into a con-
dition to sustain their convention by force,
•gainst any attack which m)£;ht be made
upon it, or upon them in defence of it,
—defence becomes offtnce and treason.
Respecting the whole of this evidence as to
arms, standing alone, I should have thoiiglil
no greul reliance was to be had upon it; con
nee ted, as it is, with the whole transactions
of these bodies, it certainly is midence very
lit In lie taken into consideration by the Jury,
and is of some use towart^s marking what was
in the minds of the people at the rime lliey
propostsd this convention, and whether their
purpose was that which iV ■r\oi\
charges — a purpose of subv. n-
iQf nt of th© couatry^ cwi«;'i"'^'"^*J ui pu^mg
TrmlffThomm
the king, which
dtu. ^ .^., j);irtft
rittlly to t>ear \x\
you may he able
and lo jiKlge M
they justify the
it is laid.
But, before yol
you are to atteni
to every thing th
of the prisoner.
Gentlemen, »
part of the wri^
troverted: it
I do not think it
that the prieonel
share in thete Ij
not ofily in strict
to the satisfacti
principal in the
only s»ecretary to
tti ember of both
in one or two-
He was the proi
ef some of the j
nianceuvring a
tore I did not
you with separali
dence which aM
Gentlemen^ tl
and weighty obi
material] ty of tti
of the situatioi
them introducii
ties, for the puq
what was passii
the subject m
particularly th«
necessary cbnni
vention, which
think tlicre is
observation; aj
the circuni6iano4
purpose ot
you, iliat, ihoti|
I picion, yet that
I to fix on the c<
that ojitraordii
tion has imputd
I evidence^ takei
I furnishes.
I Gentlemen, ii
I soner thus : — ^"II
simplicity of m
! in his d^portm*
tution of his
political object
obtfiinin^ a radi
House ot Pari 14
universal suffira
he had taken
I i shed in the nn
TheyM
I measif
cernod m vni^-i
1381]
J^ High Tftmofu
A. D. 119^
[tsn
lion« his ideas on that iulje<:t were Uikcii trom
thgt book ; and there it cert^iiiily a very \Ami
tllu&ion ia that book, to the people meciing
together fur Utis purp^j i ihc
miVis to execute hin i m;
that he hnd aji expect h^i .iged
by Ibe language of tli "' utuied
sens^ of a great duiu^ > by Lhcir
delegates in convculioa, i ' pjiriia-
meiitv iDight perhaps ha\'i > c^s than
petitions rroiii individiials, wlielher they were
considered a5 iudtvidual men, or u.s individiiai
tocieties of men*
They farther intist for the prisooer^ thul
hare is to be found no proof of a design to use
this convention to any other purpo!»e : and
that, as to the horrible purpose of subverting
the govcrnraent, they say, it h not only not
proTed, hut, to the nature of the thing, is
iqjprobablc, and even impowible^ considering
how di^proporUoned the means are to the
csd — Tliat, if it is to be considered m a pro-
ceeding of the san)e nature with tlie British
Convention at Edinburgh, it ought not to be
held to he treasonable, becauAe that was
treated as a mi&dvmeaDor only— They say,
|¥halBirer violence ther« may be in the lan-
guage of the resolutions, addresses, and other
papers to which the prisoner has been privy,
there is in them no demonstration of the
beaaoaable designs now imputed to him.
They ajppeai to the tcsiimony of a ^reat
ixutnfocr of n;^a)heia of the difTcrcnt socjeUes
^iiK iiK-,rr, j^c ty|5 b^cn conjjccled, for the
H- uf their princjp)es,*iud of Uh o\vn ;
111 ^J attachment to the king, and their
reverence for the con&titutian u( parliaihcnt,
and for the Lord's House of Pailiameut, a^ a
branch of it.
And the prisoner aUo appeals to the cha-
racter given of him by a cloud of respectable
witne^es^ who repre^nt hmi as a ptacc^ble,
scdiilc, rcjigioiis and niurat nmii, having as
many of iliijii collect fnnn his conversuiiofi,
Ihison- ^■- t ' rm of parliumputi and,
lA ft p.^ Italian of tlie loUHciou^
iffr''*^' , ,.,. t.vH.jiicl, thc>' rchr v^'U lu a
pr which he niiidc to Mr .siuruiin,
wi L -eutleman propo*»ed to biiU;;th«
procec<!iu^»» of these siocicties before piirha-
iDcnt, in the sprmg of the year 1793 ;— the
prisoner otfered to show Iiiin his l^ooks
papers, and, in bhort, all hi% corrrKpoodcncc,
Uiat had any rehition to the subject, and was
ready to lay tJifm bffure piirJiument. — lie i*
I also rep rcAen led ( ' ' ncis, a% appearing
to Imn to br dn . il in this buitine^s
of a ptirliamenl^ry rriorin, jnd *yinrerclv <lcM-
rous of obtainiiij^ it, in the rr^Mlar ctjui»r, by
petUiun to the U^ "-' -^ ♦ ■ muioux; Jinditup
pears that he hriH on to ^1r Fmnctei*
•a from the M>cirf , i ,. h he bclotit^ed, to
be by him presented to p^rliiiment. — This mim
I in May, 1795, — ^The pcttlion, I should add*
wa« on th<$ plan of the dtikc of Itkhmoru);
I and it may be true, that this pluu may huvc
I receiired couuteuiince from the protest which
has bf«en road to you from the Lord's Journals,
made by a great number of the lurds in par-
liament, and containing seuliments which, if
yuu suppose it to have fallen into the hands
of inf<!uor men, who happen to be eapcr
enlhusiants, certainly might have gr^ ■ ' t
xviih ibtinu— Bu^gcnilciuen, you ss ,
wh,it Ihc duke of Richmond's pktu , , .,.o
protect go to; if a quealloii were to arise,
whctlw-r, in a clear cabe oi a project, •strictly
according to tlie duke of H*chuioud'» piau.
and btricUy according |o the proti'st, ;iny
crime Ciiuld be fasileoed upon tlic a5sembhn§j
a convcnUun for the purport; of riromolm<£tl>d
project, these hentimenls wo\iu\ have their
weight .* — Here the anpUcation fails ; nohudy
can suppose that either the duke of Rich-
mood's plan, or the language of the protest^
goes in the smailest degree to countenance 4i
convention for the purpose of introducing a
dfcmocracy into the country, which is 3ia
purpose now imputed to this prisoner.
J have already given it as my opinion, thai
it ought to be conceded to the |>risofler, that
really, and truly, when he set out in tiiis bu«
stuesSy he was £»inceri;ly attached to that re*
form, as eipres^K'd in tlie duke of Richmond's
plan; and probably, at ttiat time, he had HA
idea of ^om^ beynnd it; but tlie queslioft
now! ]icr he tias notgoaa
verv I
Mi\ ^-\jut:iv}i ti' IJM41, m his reply, has tn^
peached sontc of the testimony that 1ms Immi
given fi^r the pnsoner, by imphcatiog the
t.ituessc^ belonging to some of thcM; socie*
li<es, in li^ vu/lent measures which were
adopted by these societie^t and the SfM^ld
Society in pftrticalar« whose duplicity iu their
corrc*^^K»udcrice with the Constituijonal So^-
cicly, ^md the Society of th« Fritnds of the
People, of which I liavc already ukcn notice,
h uptn to a (Treat deal of ub^rv-ttiott.*—
Thou ' .ahciroHlti»thi*tthiiy
arc } y, uud sincerely at-
tichiii v< II cun^i.iuii'N* of the country^ and
to their kini;, yet. M they arc found to be en-
gaged ill niC'i^Hum*! which mipiy directly the
< ••hirary, il d^ya pf> very strung ly to tlic cre-
dit of tl»«ir tebliuiooy; lor. lu timi c^saev
tliLir testimony is ** Protestatio contra fu*
turn,'*
Gcnllcmcn, in the reply to that part of the
evidence givr^n by Mr. Francis, where be
*»'tid the prisoner appeared to him to be per-
fcttly sinccrc'i it was iibservcd, nil this ap-
pears l»y the evidence to have been tncre pre-
lent e and |»«jliey to carry ou the general
plan ; the reply idso observes on the evidence
tu hi-* cluracttT, that ttiuugh hr ba^» establish-
ed by a (loud of wiin«s%es and in the most
«^4t is factory maimrri ttiat he is in hi^t private
character a !^edatt% moral, rcli;;f'»u^, g»XKl
fTian,ycl Ihj^t his condvict in hII tht^c transac-
tions strongly marks, that hr; is ^rJ deept/
tiueturL-d with enthusjiasni that hi^ morul
character m ly be but a neutral circumstance.
The c<»uD>cl ill reply tuoutioacd the fiuDOUi
l_
U GEOEGE m.
nmwt^m the p»t sf tbe
hgl w vli taK bj tlHt amit M w
Nmb an IIm c9iMee^ «« toialtf
Id ttie CoBurn^a fIot»« ^ fWJbipeot
Gcolleraeii^ upon Ibe whole ol' ttili stxie^
gniipoa tl>e «1ik»& anx^e of eviideo^ tHctre
|pM% voo iuve npw co eiemse jfocjr jud^-
Bttt^ I de»r€, that in aefeisuig yoyr
ji^gaigii& yvm vill pvf no aUM« stieninii
m mf thlag I b«fe Mii tiaa that wliidi b
jMBvvvsirv tci lead yisti io lii^ coifendef^tiuii of
MlMe |>oftib» whkh *eirm inmcdiaiely to ciHi-
•tHuir the p&niciJar charge a^nst tlib maa»
mud to the cYideiice by wbmh it ii sup*
a^rl^d ^ to lb(»%e |)otnt^ uid U» Ibai evidence
li^ wtiirh llie defence fzimj be sufr^rted, 4Jid
to th(^ aniwcr giirea to that defence. Every
terdjct or^gbt to be thi^ jorj'i o^wn tod ought
to proofed oa ctear gruimds of f^rt — It
flight iQ do »o in a ci&te ot thh nature oiore
paTlkul*<rIy, if powihle, becsiufe oo* great
obji^l of ihii pfo»eciJttgn fiiti*t be that the
cmiutry inav fc« *^ti5fiietl, that ihey mAj see
that the peihlk jiiblkg of H ha^ Uken Its fair
coiiT%L% aiMJ ih^t yoUp the jury, have well and
tnily tried and trtie dcNverance made between
tbe kme and the prisoner at the bar^ accord-
ing to the law of the bnd and the oath which
yoii have taken.
J am verj' boot to bavc occasion to remark,
that during the course of this trial the dignity
of a court of Justice bas but too often been vio-
lated by improper behavioiir both within and
without doors ; what il is men can mean by
such conduct wlto do not wish at once to di«-
iiolve all government and the bonds of all sa^
ciety, I cannot imagine.^— I trust I shalL hear
no iTiore of this, — You will now withdraw,
gentlemen, and consider «f your verdict.
One of iff e Jury. — My lord, we wish to bave
a tQp of the iiKlktpimt to take out wttb us,
re sbaU not hare oecMOO fm aav
r^
iatoCoMt at tba^-Aw
[Tbie Jn wiUidrcw mt tlurtj i
twelve iraock
a^fi JatoCinat
t&eee'cloek.]
Tkmat ff^nfy set to the bm,
€krkt^ih€ AtrsigmM, — Tbomas Hardjp Intd
up yotir Eand — GeiHlefiieB of tbe ioff» loak
upon the prisoner — How say, yoo, m Imamt
HjMdf fitllty of tiie bigb tieafoo wbawoi ba
stantfa mdicied^ or Dot gailiy f
F<rrema m^^^oi Gi&l^.
Cierk of drrtigm.^Did he fij for it ?
Foreman, — Not that we know of.
i*ri«ii«f ,— My fcilow countrymen I ittum
you my tbanks*
[The pmoner wa& immediaielj discba^pd*]
L&rd Chief Justiee Eyrr. — Gentlemen of
the Ju 17 J I ought to takelhe first opportunity,
alter this laborious attendan^-e, very is^iticerdj
to thank you for the rea^ltnesLS with whidi
you have sacrificed ^ TDUch of your i
convenience^ and with which you have i
gone the fatigue of this trial,^
For an account of the demonstrations ef
joy which were manifested on the acnuittal of
Thomas Hardy set tbe New Annual ke|i£tcr
for Ibc year 1194^ p.ST4.
* The jtiry tlept at the Humtnums every
night from the S69th of October, attended by
the proper officers of the Court, sworn in tha
usual form, Qn$- E4.
ADDENDUM
TO VOLUME XXIV*
TO HABDY'S CASE;
?, 91 J, I 2. Note to the word* '< October
the bixlb/'
In Sibly*8 Report of the Trial of Tliomw
Ilard^y tl)e preliminary proceedings from
I the sixth to the twenty-seventh of October
k|^ inclusive^ arc detailed at much greater
^^r length than in the text. The following is
^^K Sibly*& account s
^^^guion-Houtc, CUrkenwtll — Monday ^ Oct, 6.
^^^ The Court met at ten o'clock, when the
^ grand jury had not a bill ready to return.
About two o'clock the Lord Chief Baron ap-
peared on the bench » when a true bill was re*
turned against the following persons for high
treason :
Thomas Holcroft,
John Richter,
Matthew Moore,
John Thelwall,
Richard Hodgson, and
John Baxter.
Jolm Love It was not
Thomas Hardy,
John Home Tooke,
Jn.Augustu<i Bonney,
Stewart Kydd,
Jeremiah Joyce,
William Wa^le,
The bill against
ound.
The jury thanked the chief justice for the
lliargc delivered to them the day on which
'l^e commiasion openedj which, at their re-
ucst, was ordcrca to be printed, The judge
hanked them in return for the comphmenl,
is he would not aflett lo say that ne deli-
ittred it withuui notes, he would chcarfully
icqutcace in their renuest. His lordship ob-
[served, thut the jury had attended four days,
raod wi!»hed lo know if they should proceed
[^any farther that day ? or if they meant to ad-
journ? After this conversation, they agreed
) acyoorn to jcxt day at ten o'clock*
The Attome^'Generai made the usual mo-
Lions, that copies of the indictments be given
[ to the prisoners.
The Chief Jtutice wished to know of the
r Attorney-general, what lime he would be in
f*.uJiniv.a to deliver to the prisoners the panel
, &fc, a?i ten days were required be*
J I ' rials could commence.
i'hc Attorney-Gentrni said, he should be
I able to answcfi and settle the business next
Nay.
f The Chief Jmtice next called noon the per*
vms who tttended as agcnt^i iolidion»^ and
others for the prisoners, and informed ihem^
that by the U9ual application ttiey may hav« |
access to the prisoners. He said, he would i
not harass Ine prisoners by having iheml
brought up until their arriiignment— to informJ
Ihcni of these particulars, for that copies of|
their indictments should be left with them^M
and wished this infurmation might be imroe^J
diately communicated. — ^And then the CouciJ
adjourned.
A List of the Wit;? esses sraPCENiEO*
Jlitrfi/e*ex.— The Kino against Tiioujt
Hardy, Joun Horne Tooke, John Au^
OUSTUS BoiiiN'EY, StUART KvDD, JeR
wiAH Joyce, Thomas Wardle, Tkomai ""
HoLCEOFT, John RicuiEa, Mattuew
Moore, John Tueewall, RicflARft
Hope SON, AND Joun Baxteh.
Upon an Indictment for High Treason
AUntnder Aitcheion^ student of medicin^
residing in C;inongiite, of Edinburgh, in the
parish of Canon gate, in th« county of Edtn*
Durgh, a prisoner in the Tolboolh of Edin-
burgh.— Henry Atesundcr, abiding at the
Rose-tavern, Fleet- market, in the city of
London, lincn-draper. — Daniel Adatm^ of
Tooke Vcourt, Cursi lor -street, in the county
of Middlesex, gentleman.— Gforge Aiien^ of
Turner*s-court, Bedford-bmy, in the county
of Middlesex, one of the constables attend'
ing the public^ofhce in Bow- street, Coven l*
garden, in the said county. — John ArmiiroHg,
of Kingsland-road^ in the parish of .St, Leo-
nard, Sliorcditch, in the county of Middle-
sex, one of the constables attending the po*
lice-ofTice, in Worship- street, in the said
county. — Jamet Jgar^ of Hare-court, in the
Temple, barrister at law. — Joseph tiutterm&rtk^
of Fleet-street, London, bookseller. — Jokik
BuUock^ of Church-yard-court, in the Inner
Temple, London, stationer to the Board of
Ordnance. — Wm. Broomhead^ of Watson's*
walk, Sheffield, in the county of Vork, culler
and scissar fmisher, now in custody, at the
house of Mrs, Mary Parkinson, ni lilUe
Charles-street, Westminster, in the county of
Middlesex. — Grant Broughton, one of hi a
majesty^ messengers in ordinajry, abiding at
the house of the right honourablo the mar-
quis of Salisbun', m Arlinetoa^treet, in tb«
county of Middlesea^— *&niArd B«^W^^ "*
\
S5 GEORGE III.
linion-crcscent, Kent-road, in the countjr of
Surrey, eentlemiiD, one o( the derks of tUc
jpolice-umce, in Lambeth-street, Whitecbapel,
in the count) of Middlesex, — J(^tph Hurchelt^
of the .Sheriifs-oflice, in Took*»-court, and re-
' friding in Great James-istreel, Bedford-row, in
the county of Middlesex, attorney at law.^ —
George Cheek Barnes^ of Noble-itrect, Gosh
'vel-street,in the county of Middlesex, printer,
— John Bouitt of Red lion-court, Charter*
llouse-IaDe, London, oewsnian und ticket
porter* — Thomas Btnckbume, of Craven-street,
City- road, in the county of Middlesex, paper
hanger and underlakcr* — WHttatn Blacky of
York'Street, Webtminster, in the county of
[ JdiddleseXf green groccn and one of the con-
Iftables attending the Public-office in Bow-
•trect, Co\entg»rden, in the said county. —
K^rt Bererfmd^ residinc at the comer of
'Bcnnel's-court, Drnry^lane, in the county of
I BCiddiesex^ taytor and green-grocer, and one
I ©f the constables attending the Public-office
tifi Bow-street, Covent-garden, in the said
I county. — Arthur Blake, of Devonshire-street,
[Portland-place, in the county of Middlesex,
['•s^*— Uki&flrt/ Benn^y of Redinan*fc-row,
iBeibnal-green, in the county of Middlesex,
P%rarchouse-man,— l^m. Barclay^ of DukcV
Ijcourt, St. Martin's -lane, in the county of
{Bftddlesex, shoemaker.— ^cManiW Bircht of
p Vine-street, in the parish of J^t. John, West-
jUiinstcT, in the county of Middlesex, labourer,
(«ne of the patroles attending the public-office
I in Bow*5lrcet, Coven t- garden, in the said
I county. — Antfton^ Beck, of Oit ford-street, in
fthc counry of Mrddlcsex, Sadler.— JoAn Bur-
Ifey, of Blackman- street, in the Borough of j
I fiouthvvark, in the county of Surrey, one of
the clerks in the Auditor's-ofhce, Somerset*
Elace.— JaAn Bone^ of Weston- street, Snow-
elds, South wark, in the county of Surrey,
muslin clearer.— H' if Ham Carnage ^ of Fargate-
street, Shctheld, in the county of Yurk, ink-
bottle maker, now iu custody at the house of i
Mrs. Mary Parkinson, in Little Charles- I
street, Westminster, in the county of Mid* j
diesex. — John CkUd, of Crown- street, West- r
minster, in the county of Middlesei, one of ,
his Majesty's messengers in ordinary .^ — John
CoaiUf a soldier, in tlvc Birmingham Volun- I
tccrs, late of China- walk, l^mbtth^ in the !
county of Surrey, apprentice to John Philip
Fmncklow, taylor, and now residing wrth his
father, Christopher Coates, of Little C ollegc- ,
Btrtet, Weslramster, in the county of Mid-
dlesex.— Stephen Coitreft, of Grosvenor- place,
in the county of Middlesex, esq. one of the
elerks of his Majesty's most hon'tinhlp privy
counciL^ — IVm. Carter, of Ang nig-
acre, in the county of Middle.'^f. kcr.
— Patrick Cotquhmtn, of (bar les- square, Hox-
ton, in the county of Middlesex, csn. one of
the justices of the policc-oflicc, in Worship-
tlrcet, Sboreditch, in the ?:iid county. —
Tkamoi Cfmpman^ of Ix»naon,
b<»k5cUcr.«-s/bAn C . ui, in the
cotmtjr otEuilaiidi attorney at iavr,— CAri*-
Addmdum to
[ISBS
topher Cridlandf of Kefitp*>-eeiirt» Berwidc--
street, Soho, in the county --f ^''^dlesei,
shoemaker, and one of t he c 1 1 lend-
ing the public-office in Bo . Lovent-
garden, in the said cuunly. — Vhomus Carpmeitl^
of Bow-strcel, C ovent-garden, in the count|
of xMiddlesex, victualler, and one ul the coo-
j etftliles attending (he pubhc-oiSce, in haw*
street aforesaid. — Henr^ t^rvker, of Totten-
ham court-road, in the county of Middteset,
broker, and one of the constables attcoUtog
the public-ufl&ce in Bow-street, Covent-nrdctt
in the said county.— JuAh Chupntan^ of Dean-
street, Fetter-I*tne, London, Jaljcuirer.- j4/fct-
andtr Cofue^^ of Ued lion-rotirt, Watiwc*
street, m the city of Lcjudon, shoe- factor,-*
Jama Clerk, esq. sherirf ilrrutr of the
county of Edinburgh, resi*! torge-
square, in the parish of St. 1 i , m itic
said county. — John Ckutfttid^ of BacMuU,
llHtton-gardcD, m the cuunty of Uiddkvi,
limber merchant. — Bernard Cvbbei^ of WaJ-
nut- tree* walk, Lambeth, in the county of
Sujrrey, one of the clerks in th^ \-
office, Somerset-place. — }¥tHmm ,»'
Mount-row, Lambeth, in the ^
messenger to the solicitor for %
majesty's treasury.—i/tnry />r*^tiry,oi t>.>cJi*
street, in the county of Middktea^ clerJt il
the rtde«, on the cruwn side of bb liajti^V
court of Kmic's bench. — HaMtird Dwmm,9i
SbcfficJd, iu Bie county of York, pfiDtfi,^
James l)avid%iin, of It usscl- place, Ri
street, Coven t-gardetj, in the coinitv of
diesex, printer.— William \)ur
slreel, Westminster, door po
of lord Grcnyille, o«€ of hi^
cipal secretaries of .strttf, *itM
street aforesaid.— J
street, Soho, iu i
bookseller.— Jt^sfpA j <i-.
Jcwin- street, London, -
custody at the house of V; .,.w,.*. .
Cork-street, natn^ver-square, in ih-
Middlcsex, one of bis \rui-'Tv'\ ■
in ortlinary. — Dana
street, London, bi
of Newgate-street, London, the 8*a
Isaac Eaton, of the same ptace.
— Evan Evata, late a prisoner in n
of the marshal of the Marshatse^, i
of KingVbcnch, grocer, now
house of Samuel Giles, at K^
way, in the county of Surrey. -
of llie abovc-nauied Evhu 1
siding at the house of8;ir' :
inglon-causeway, in Ihr
Samuel Edward' "' f'^-^'
Strand, in tli
merchant,— J'
VV'estminsler,
of Middlesex, ^
the court of Kin ^ a-
Sloane-slreet, in \
esq. one of the ju^'
in fkiw-street, Cu
county.^ If iV/ioiii lalh^tr^ ct dottU^iUi
ortxe
1389]
Park'i»n«, in tht p«mh (if St. Occfge, Hin*
oipof-squwre, in the county of Mirfdlese^t, eiq*
out of the clerks ot his maje^^t^^^s mg^it hem.
frif^OOUDeU. — Edward Fvgion^ o( iht Pleft^
IMll>f«trait, PlilmcrV village, Tt>th ill-He Ids,
ui the €4mfif? of MieWJeses, ^hoentaker, and
«tt0 «f Iht omctn^ the Public-oflice in Bd^.
Knot, Cnvrr:* — -^ n, in the said counir. —
mUitm H* 'etd, of Iimer-Scultand-
yml^ in ihe ^..., >^'ldl«scx, altorney at
Imw, ^Watiam J of the Middle-
temple^ Lotkdori, ' ! aI law. — JnAn FtfiV-
imff of BrovighioiT, in the parish of St. Culh-
MTt's, in the county of Edinburgh, wright, a
BTliiMi^r in the Castle of Edinburgh.— /inoc
MmteHtf the younger^ of Camornile-street,
Btshop^gate^street, in the city of London, at- '
tomey at i^w.^^.Thomat Furmagt^ of Wind- |
miU'StreeV Toltenhanii-eourt-roat), la tl)6 i
eounty of Mlddlesrt, coltector of the rate i
for paving, &c, within the pan«*h of S.iint
HancrA5, in the said county^ — Wm, Fletcher^ ,
of liocolnVInn, in the county of Middle?»e:f» '
Minister at Wm,^Duncan Or««r, of Strulion- |
mynd» Wemminslert in the counly of Mid- '
MiUV one of the eonsUbles atteudinr the
PyUk-office in Bo*r-«treet,Co'ventgaTt6n, m i
lite f«td cotfnty. — £d»md Omlin^, late of
Huioii) in the |«rt«h of S^int I^onard, Shore-
dhillyjB thecotmtjof MicklleseK, hut now
iMMing at the house of Jannrs Bis^f, lTppet'<
lf«ker-iov, Moorfields, in the said county, |
«ad «lerk to\ViUiam Wickham, esq. one of ,
the justice* at the po)ice-<^ce in Lambeth- \
irtreet, Whilechipel,in the said founly^—Jo/rji
Qurmil.oi Kinf;-street, WcstmiTisler, in the
comity of Middlesex, one of his majesty's
meaaetigers in ordinary. — Richard Oay^ of
HopkinS'Streeti Saint JamcVs, in the county
of Middlesex, drug and jnfrfunit? grinder, a
prisoner in the custody of Ihc Marshal o< the
Mar»halsea, of the court of Kui^Vhench, in
the K in ^S- bench-prison, in Samt GeorgeV
Fields, m the county of Surrey, — Thomot
&9ienf of Omn ^ fields, in
th» cwmfy of r.— /oAn
(Mtwrny^Qi EsfeY-cuurr^ m luf AiKKiie'tenipte,
Ittfiiterit Itm,— A lexandir Grants of VVar-
#Biif^«tr«el» 8oho» in the county of Middlcscf ,
m\iaiu.^WiUhm Gttlahed; of llosicr-lane,
Wr*«UHmiihfi#»TH T Miwt.tn, ne«rsma£). — li<fger
' rt^ Carey street, in
, iHvlor, and green*
p:t ii^i one of the constables altcndiDg
tJi' t 11, iir office, in Bow street, Covent-
garden, in tiie »aid county .^ — Arthur Gtiddon^
of Great (h-mond- street, Queen-s-quarc, in the
•Olimy of Middlesex, atlorney at bw.— JoAn
iM^Ai, of IMurnbcrVrow, MileH^nd-old-
town, ' 1/ of Mi<Jdlcsc?«, carpen-
t<tf ai ne of the confllablcs at-
t^r.-j, ,:.,- - t 'rth-strect,
''I'hmnnt
( i.k ^,,^.
y '!ce-
cj' ^ - , .-., ..li the
county Qi SAtddi^vix.^ihmatiJUg^t N^.60,
Chirifig'«ro9§, We*limmleT, in the eounty of
Midillesei, gentleman, clerk to Mr. Whiie, of <
No- 6, Lincoln Vinn.—JoAa Grate*, of Crown**^
court, Russc I street, Covent- garden, in tht
cotmly of Middlesex, gentleman.^ RicAaf#j
Mayward^ of T " iiace, Slloredilcb, lA
the county of , wax-chandler, no#
a prisoner in hi? ina|rr?i> s gaol of Newgate;
— George UigginSt of South-street, in thir
pariah of 5>ai»l George, llanover-sfjuarc, in thi
county of Middlesex, one of his majesty'i
mt^^ruj^'ts in ordinary.— CAf*#/o/?Acr Hull^d^
Chai attorney at law. — EdeeaHt*
Hod 1 1 -yard, near Temple- bar, prtntert
— Henry HtU, of Far gate-street, in Sheffield^
in the county of York, cutler, now in custodj
at the liouse oi" Mrs. Mary Parkinson, in Lit * '
Charles street, Westminster, in thecminty
Middlesex. — John Hancock^ of Chichester*
rents, in Chan eery -lane, in tt^e county of Mid*
dlesen, gentleman, clerk to Mr. White, of N
6, LincolnVinn.— H'i//iam HugkiaonjOf Fa
mall, in the county of Middlesex, esq. ch
clerk in the oUBce' of the right hon. Hen
Ihmdas, one of his majesty's principal seer
taries of state. — Bdwerd Haruey^ of Lam'
street, SpitaU square, in the count v of Hh
dlesex, warehouseman.— Jo An Hottingwort.
of Thread needle street, London, banker
J&hn HiUier^ of Bishopsgate- street, Londoi
bookseller, now a prisoner in his majesty
gaol of Ncwgate.-^eff?wwAi Samuel Jordtt'
of Fleet-street, in the city of London, bool
seller. — Jmepk Johnson, ot St. Paul's Churc
yard, in the city of London, booksciIer.*-Ji
»fph Chyf on Jennings^ of Hart- street. Bloom
bury, mthc county of Middlesex, barrister
law*— CAar/cf Jealous^ of Brownlow-f^tre'
Drury lane, in the county of Middlesex,
ler, and one of the constables attending t
public-oflice in Bow-street, Coven t-gard en,
the said county, — Joshua Joyc^t of Rss*
street. In the Strand, in the county of Middl(
sex, tallow-chandler.— ?7imnai Jtmetf of ""
ford-lane, in the btrand, in the county of Mii
diesex, labourer, and one of the constabli
attending the public-office in Bow- street, C
veul-^rden, in the said courity. — WUti
Jmten, esq. of St, George Vfields, in ihccoun
of Surrey, marshal of the Marshalsea, of I*
court of* King's- bench. — David Gvorge Ji
mar, of Fritii-street, Soho, in tlie county
Middlesex, one of the clerks in the Auditor':
olBcc, in Somerset-place. — WilUam John
of the Inncr-tcujple, London, attorney atla^
John King, of Queen-street, ^
Westmrn^trr, in the county ol ■
one of 111 > under secieluncs of sta^
— John h ^r of his mnie'sty's ^ol
Ncwgiilr, r*. ^ " ' A'
ntdy^ ot Cro> acri
in the con ^
oflhccoi
Bow -♦•■
— It
dilh. ,.- ., - ,. . ■-..
^buvid hirrghorn, gentletnaD, gJtoicr, of Wir
J
1301] S5 GEORGE IIL
tiiajesly'« Tower of London, abiding there,— »
IViUiam Lovndes, of Uie Middletemplc, Lon-
don, barrister at law. — Edward Lausun^ of
Xiiiie Oeorge-atre€t, Weslrainster, in the
county of Middlesex, one of his majesty's
messengers extraordinary. — Jmncs Lyon^ mes-
senger at arms, residing at the house of James
Cooper, in Advocate's -close, in the city of
Edinburgh, — George Lynam^ of Wal brook,
London, ironmonger. — Edward Lutendtr^ of
Brury-lane, in the county of Middlesex, at-
torney at law, and chief clerk of the public-
office in Bow-street, Covent-garden, in the
said county. — Arnold Langiey, of Gloucester-
Street, QueenVsquare^ in the county of Mid-
dlesex, gentleman, clerk to Mr. While, No.O,
LincolnVinn.— IFwi. Lmkhnrt^ sheriff clerk
depute of the county of Edinburgh, residing
ftt Newhaven, in the parish of 8t, Cuthbert's
I in the county of Edinburgh aforesaid. — David
lii^df of York- street, Westminster, in the
» county of Middlesex, footman to Mrs, Camp-
bell, of Bury-street, St. Jamcs*s, in the same
county. — Roht^ri Moady, of China- square,
[ Sheffield, in the county of York, carpenter
J and joiner, now in cusstody at the house of
j'l^Irs. Mary Parkinson, in Little Charles-street,
1 Westmmster, in the county of Middlesex.—
Thoman Maclean^ of Whitehall, in the county
[ of Middlesex, one of his majesty's messengers
[in ordinary. — John MoprCy of GrayVuin, in
[the county of Middlesex, attorney at law,—
— - Merry, of Ramsgate, in the county of
Lent, doctor of physic. — WiUiam Mainuaring^
let llanovcr-square, in the county of Middle*
l^x, esq. one of the prothonoLiries of the
l-«ourt of^ Common Pleas, — George Munro, of
I Ceorge* street, Manchester- square, in the I
[county of Middlesex, esq. a captain in the I
lirmy.— It'i7/iam Meicul/e, of Dowgate-hill, in
ilhc city of Londun, attorney at law, — Patrick
|iiarwio«w*, of Stanhopestreet, Clare-market,
in the county of Middlesex, hatter, and one
<>f the constables attending the public-oflice
in Bow-Jitreet, Covent-garden, in the said
coiiBiy.— Andrew MiitiFf of Great Kus^et-
street, Bloomsbury, in the county of iMiddle-
Kx, shopmrin tu Mr. Jordan, bookseller, in
Flccl^slrecl, London, — Jmeph Muckf clerk in
;he Sherifl;*cleik's oibce in Edinburgh, re-
^lidJng in Ca?lle Wvnd, in the city of Edin>
bureh, — U'iiUum M'Citbhin, writer, reaidinz
in the hou^c o( John Donaldson, smith and
room'Setlcr, in Todderick's Wynd, in ttie
city fit EiUnhnrgU.—AtcTttnder MUcheil^ linen
iDanufacturcr, residing at Strathaven, in the
hiaribh of Strallmvcn, in the county of La nark.
K/Uikur MEwan, of the Water of Lcith,
l||^e piirith of St. Cuthbert's, in the county
wWinbur^li, weaver, a prisoner in the Tol-
booth uf Cmongate, of Edinburgh. — Walter
Mdlcr, wfight and merchant, of the Uigh-
■eet of Perth, in Uie pariah of Perth^ in the
ttnt^ of Perth, a prisoner in the Tolbooth
^inhurgh. — John MiUer^ of Dukc's^court,
Itrect, Covcnl-garden, m the county of
Qeseit, ooe of the c^nstublcs uttcnaiog
Addendum ta
the public-office in Bow- street oforesud.'-^
Siephen Henry Murretif of Hay* street, CokU
bath-Aelds, in the county of Middlesex, aiie*
tioneer.~Hm. Mtddid'^- '".,,.* ti
officers of the county t^i
in WarrifitonS close, in L ..
— Joseph MUntr, uf Alderm n,
warehouseman. — IVilltam A k-
street, in the parinh of ^t. ' mover*
square, in the coimty uf M one of
his majesty's messengers in uni- -r-
derick Folydore 14 odder ^ ol U ' t,'
Golden-Mjiiarc, in ihf county of v,
botanic pamter. — John Ao«f, re- lO
! Lord ChamlicylainV^>ffice, i jrK>>*
palate, in the county uf \, one
of Ins majeslys mc***engrfs r .h,* '..-Ml4Ty.—
£^rtl» Nrptan, of 8< olUntl-yard, WhitciuiU^
in the coiitiry uf MiiJdle?ie.\, e^q. une *ti hb
majesty's under secretaries of ^t«4te. — Rai^dh
Norm, of Hiire tuurt in the I>inple. dtrk to
Mr. Spink !j, under IreHburer
the Inner-temple. — Arthur O
street, in the Strund, m the ioiioty wt Mid^
dlesex, barrister at hw -^Hobtrl Orrock, of
Dean, in tlie parish of St. Ciitht»ert's in tlie
county of Kdinbureh, black^roUh, a prisoner
in iJie c4Atle o( Echnbnf ', ' ■ of
Caml>erwell, in the cou
— June l^artndgtf of NuUi
the dauijhter of Mr. Partridge i
aforesaid, apothecary.— WVi/i-.. . !
lie Mary-le-bonc street, in the i
Middlesex, blacking ball makf.r.
the pAtroles attending the
Bow-street, Covent-garden in
J&hn Pearfon, of Lincoln's- ill 1
of Middlesex, student at law .
«?«, of lloxton- square, in the cou. H
dle^x, surgeon and apothec^iry,^
*o«, ol Fi^-trcc-courl, in the T
m^n.— Wiiiiam Rms, of Crov
minster, in the county of M;
his majesty's messengers in
Reaves, of Cecil street, in th*
county of Middlesex, barn
George Ro$t, clerk, or late •
zetteer-office at Edinburgh, ol -
Edinburgh, a pri!»Qner in tl
Edinburgh. — Archibald RutkveH^ • '
row, Newington-butts, inthecout.
rey, baker, one of the palroles ati'
Public-office in Bow-btrect, C>o\
in the county of Middlesex. — '
of York -street, St, J times 's-
county of Mi f " ' ' ••
soner in his ^rwgatflu—
Thomas Clio i^.c.r , ... ^ yy^* W
bone-itreelp in the county ot MidtUi
bookseller, and Jane \\\s wife, of tb< ^
place. — Samuei Re€C€,
Charter- h*juc Kqujuc, i
dle;iex, ^.1
Norwich,
house 01
in the pui ^
in the tounty ol Jdiddicu-^, yut ul luiaaa^
139S]
Hard^^s TfiaL
A. D- 179*.
[ISO*'
jesty's m^sengers In ordinary.— /o/m Thoma$
Siack^ of Buckleys trt^ct, Goodman Vflelcis,
Wliitechapel, io the county ol i^liddlr&ex,
9tfty-inJ(k€r. — Henry Ih-f^hoJ Sijivond^. i.f Pa-
icrnostcr-ruw, Loiwloi id-
•oner io his maj«stv -^
Witlifim Sharp, of CI
iiospitAl^ in the coti
graver. — Joku 5t'A*i«%cjj iUtoa b-Ucct, I'iinlno,
la the county of Middlesex, one of hu ma-
jesty's messengers in ordinary, — T/timuu *Sy-
mumdtt of Crown*office-row, Inner- ten iple,
1^' ' " * 1 nt at hw.^ Maithrw Sinf}, of
i> ^ near the ISew Chun h in
tiw .v..^*t.., „i »iic county oO''^'"'-"^ 'j'jc-
maker, and one of the cm \ng
the (H)ijce ulTice in Gr^^kt" . incl
in the said county. — ( s of tfie
tnuichof gtB)>es tn Btii ai)ic-bar,
in the county of iVliiitlic^ex, vicUmller. —
Midac Clttyton Strnth^ of Articiioke-yard, Lajh-
tclh'Mafjjh, in the county of Surry^ roes-
sender in the oflftfe of flu? n»ht ht»n, Ifenry
Dii I ' /':.':'. cred-
it n-
hujf^i Miiiirv, in tnr '^iii>urL>s ui the
ciu , attorney ai law. — Wtlliam
JSctf^, aoMv.L.M ciL kw» reiiiding in Merchjint-
Alrect, in the city of Edinburgh. — Daniei
Stuart nf I rliii-^tiii t Suho^ Jn thc county
ol -i*Ai»i«ij *Sij/^i of
F;i V of IjoncJon, liiiir*
dresser. — JmA?* ^ktdiani^ df CharUon-sircct,
Sotnmer«-town, in the county of Mi<itl(csex,
p:i' ncof the patroJcsutleiuhng
th( II liow*strcet,Co^'c»t-g'drden,
in^lhc . — John Sheimtt iU ft e, of iiie
Crove, k, in the county of Surrey^
baiter, — Jamts dap^^ of Mutdcu^Lne. Wuod-
sirael, IiDcidoa« warcliotiM^miin. JltfiMm
HtmrchyOf Stain hnpe-f^lrrci, CI u re-mark el, in
the county of J^liddle^tcx, iron-mongtrr. —
J&kn Ta^Ltr, of >«♦•*»
nofw ft prisoner in
minster, in the county uf
hb itwjc?«ly*s messcneicrs ti
Tkomtan^ of Wt\yuiouiii-^
square, in the county ot
•t the '^
at wet, \
af^
I .
^ gent,
t New-
, West-
one of
ndi^ih-
, clf?rk
c in Great ,Ni
OllijtV. — I'Jwrn r}^
1. in tin. rnuiJly of
. Jate a prisoner
son, of Oakham, in the eotmty of Untliindj ^
1 the couii
uf the f ' I
publiC'Othcc m B<jw-fttrcct, <
Jii the said county. — i human 7
Chelsea, in the county of Mnldlesex,
coachman, and one of the patruics at-
tciidms tJie pubiic-oflicc in Bow-*trcct, Co-
vcnl*^ardcn, in the ^aid county .—Ji^Aw Ttty*
htf of hi, Geor lie's, Norwicli. 5urgcon«-«
John Thompson^ near the turnpike, in the
Neu'-road, St. (ieoriic's r- " ' * i vho
county of Middk^^ex, a- the
puldic-ofhcc in r '"'!'•'' V* ._..,,. .., irr}^
\n the said C"i n Tnjftiu, i ; lui-
bcrry-street, Mj i Iiavh in i ,,uiy
of Middlesex, ; Stlca
attending the |iM rcer,
Whitecbapel, in the siiid cuyiity, — H liiUm
Tut/lotf of Oridge-ijlrcet, Wcstmin%ler» in the
county of Middlesex, esq. one of tlu? clerks in
the oflice of the rt. hon. lord Grf nville, one
of his majesty's principal ^ofstute.
— Fttis I au^iftan, v\ Crov v, Inner^
temple, London, harrirjter ir mw — John Vel-
l(tm^ uf Oakham, in tfre county of Hulland,
butcher And gr^xicr*^ — Thamm Jahn Upton, ot*
Ileil-yard, near Tetnple-bar^ %valch*makcr,
aud miichin(;>t, now pn^^oncr in the New l*ri-
son, t.lfrkenwcll, in the county vt Middlesex.
— Alexander WilOs^ of Uar Icy- street, in the
county of Middlesex, dancing tonstcr, —
Samuei Witlittrnx^ now in custoffy at the
house of Mr. lordham^ in Lambeth -street,
VVi)ilec|japel, in the county of MifldlMrx,
coach»mastcr, apprentice to luid fing
with Joseph VVbitton, at Tower , trr-
dock, Ijondon, j;uu engraver,— ./-iv^/ \ n,<^
of Lcicc%ter-fu'ldft| in the counlyoi 1,(11, _
sex, wino nif rrhunt. — Gror^r
\Ve*it-smithiicld, London, i*
'ihomtii Wogntulftf of s- uili ^
parish of St, Geurgc, i
county of Middksi'X,' :
Mongers in ordinaryr—H i/V*«m
%i Jameb*s-placc, in the countv
esq, one of tlie jualtcea of the
in Larohtlb-Hireel, VVtntcrhMp*
county. — John [Vhtirttm^ ii
the county of York» esq.
Essex-court, Middle tn
inn, in the county ot
' iimI Bohcitor fni
treasury.— Hr
ii'Strut-'l, in tb« ,
llksex, altorm^y at Uiw.-^
I'lr ^Ir iml iii lb-' ( um::
Iv
of
i itie
m the
mef-
of
'%
puiitc^lhc«,
. frMti** t'.aiti
' in
, of
II 'fi-
at
ina-
:.-k.
.>iy
htiry M|Uiirc^ i f
— Ilt'ury SuTupK-
cnrncrof l\'
hijt now of '
Il5-
i.ty
111.
Loiitkiti, piintiT.
I.ttc of No. l,tho
ujrru Lii>6Cj in me city ot ijiinuiir;^ii. — JuAll
4 U
J395] 35 GEORGE IIL
\Wtr(tx^ ^( Rostmary-lane, W hiUchaprl, in
horji^ abifling al the house of Mr. John King,
1 Cumberland -street, Tultenham-court'ioad,
in Ujc (ounty of Midtnese^, and shopman to
(ibtlr. B^xli^r, near Cecil- slrccl, in the Slnin(l»
Lin tlie nM caimly, bookseller. — Gti^rgt Hi^-
ti«m, of Fjirg ate- street, Sheflield, in the
l.€t)untY of YortCj hair-drcsser» now in cnslody
I at ihc hojjise of Mrs. Mary Parkinson, in IJl-
Ltlc CliHrlcs-slrecl. Weslminstcr, in the county
l-of Middlesex.— iViwrts H </^«, of riudycr-
'ftrcet* WcMtininster, in the county of Middlc-
[:ie€, one of hti majesty's mesj,cn*gers in ordi-
[^^ary.— 77iLwi«5 Wmd, of licd-hon jstrcel. Hoi-
born, in the parish of St. George the Martyr^
in the county of Middleseit, lottery inspector.
-^WiUiam Worship , of Ball-alley, honibunl-
. street, l^ndun, engraver. — Ruhatd Willuitm,
of Oakham, in the county of Hutiandj clerk,
\' — Richard H/ijYf» of Piccadilly, in the parish
of SL James's Westminster, in the covmty of
Middlesex, oilman. — George Wiiiiu^ton^ ot'lhc
Inner* icnipln, London, attorney at law.^-
'—John Wigii^leswnrtftt of Somrrsct-place, in
the county of Middlesex, e<*q. one of the in-
jectors general of accounts in the Auditor*s
office there.-^JoAra York, of his majesty's
Tower of Ix>ndon, and deputy- lieutenant
^thereof.— j1f««/ien? Yatman^ of Percy-street,
Bathbone- place, in the county of Middlesex,
apothecary.
The following is a List of the Petty JuitORS
summoned.
Acton, Thomas Buck, esq.
B^ick'tane. John Warner, gent.
Baker - street^ Port man
Addendum to fffK
Ckurttthimc'^^&rt* Li<y Primall, etf,
and chembt.
Chen^^street, Bcdjhrd^uarc, Mm Pc«-
vey, cooper.
Chiswkk, Tbonii
Green, esq. John i
mas Beach, Strand ou lUc Gri-ca, csq.
CUrkcnwell. Apdey Pcllatt. SL JobnV
street, ironmonger; John Guest, ditli^, e*^,
and potter J George Filhngbar^i* ditto, hop«
factor; David Dean, ditto, cheesemonger;
John Wright, Red Lion-strcel, walcit we-
makcr.
Cockipur-iirttt. James Obphant, bailer;
James Lrompton, paper-hanging maker.
Colnhrook. Henry Bullock, tkb ^c of
Colnbrook, esq.
itjuiifc. Thomas
T
Benjamin Bradbury, Fryer's lane.
Skipp, Dynit Burknell, osi
Barnet, Benjamin
¥ryer*S'bamet, gent*
Bet(ford-sqmire. Joseph Shrimpton, esq.
Bfthnai'grfen. Josiah Boydcll, i^ent*
Bou?, Thomas Sayer, e?q, and distiller; E(L
ward Gordon, esq. and brewer ; Mark Hudtion,
esq. and brewer.
Brentford, Hut*h Ronalds esq. and nursery-
man ; David RobertJ, diiilillcr.
Broad' street^ St. OcorgcU in the East. Jo-
B€ph Ainslie, coal-merchant,
Bromlty, N atbaniel Stonard, brewer ; Charles
Smith, distiller; Christopher Metcalf^ esq,
mnd dif) tiller.
Brompton, Thomas Hammersly, esq. and
l>ankcr; Hanbury Poller^ Old* Bromplon,
€sa.
Muckingham'ttruU Archibald Paxton, winc-
mcrcbant.
Bur*Htrrft, Eaut-mithjkld, Thomas Allen,
brewer ; lUcc Da vies, esq.
Chnncefy-tane, Richard Masters, cf(|. and
loker ; Thomas Drucc, stationer.
Cfiaring^ctttjui. Charles Foufdrinicr, sta-
tioner; James Shepnell, silverMUith.
C/iurUiite*iitre(t^ liathhone-plnc€, Edward
Campion, esq* and winc-mcrchant; I»aae
Mark, gent.
Delton, Cecil Pitt, eso.
DouHing - itrert^ Wcfiminwitr. Thomai
Maude, esq. and army agent.
Duke-strcetj WcUmitiHer. Calvert Claphaair
gent.
Ealing. Thomas Wood, Hanging-bill, e«L
and coal merchant ; Richard Mcux, esq* and
brewer; Robert Winn, Lower-side^ eiq.;
Richard Hunt, Windmdl*||ine, esq. ; Scmpeoo
Bowles, esq. and haberdasher ; John OdDef,
esq,; James Smith, c«q. and Dtrf'umcr; Ro-
bert Vincent, esq. ; ThumLi -r-
side, esq. and distiller ; Ed\^ ■ f
Thomas Cheap, esq.
Edgaare, Thomas Cockington, gent,
JEc/wort/i)M. Daniel Gossctt, esq r;
John Blackburn, esq, and met • .»-
mas Lewis, Soutli-street, esq. and innh ucw,
EUtret\ Samuel Rudge, esq. JohnRudge,
Enfield, Matthias Dupoot, of the Chace-
side, gent, wine and branay- merchant ; Ggoi;p
Capes, esq. and warehouseman ; fU^O^
I Gough, Forty-hill, esq,; WilltMn rmcnon,
Bush-hiU, esq.; John Hci 5i,
es-n.; Henry Furrier, Chace- rfi
Ellward, ditto, esq. and uphuidtr ; CUtf^
plier Strotlio^r, Bull's cros«<, esq. «nd tuet-
chant.
FinMey. Thomas Allen, Eatt^od. tsq. ;
William 'Hamerton, ' " " ,,inaa Cildaft,
Nether-street, esq. aiii L
Frit h' at ret i Sofuf. Aic;v;»ii*ivr TtOlter, Ciq.
and upholder,
fulft - i^r^ert Lew 18, Nonh-cndy w^,
John J
GoLhi iv. Major Rhode, hfom^
street, cmk and sugar- baker.
GoimU'Mrc€t. Robert Uawkios, coal*afh
chant*
Grnif^t-inn-Unc, Thomas IlamtoOt Gov*
keeper.
Ortat G^rg€'§irm, Wmimimitr, Fkan
Jr. : J,
el. Joatoh Wedgwood* potlcr.
iff can irttt^ Orot9€Mar*iquar€. G«fiit>
Brooks, eaq. and bankers lamea Fbh0r,tw
elder, esq.
nackitey, Tbomasnoddillgl01l^€St[. Cbtrllit
Dighy, Mare-street, e^q.
J397]
Hardy's Case.
Hammemniih, Jvanes Doirille, esq.; Simon
Lesage, esq. ; Bryan Marshall, gent. Ben-
jamin Gooaison, esq. ; James Keene, grocer ;
Henry Osbaldiston, esq.
Hampstead. Philip Godsall, gent, and
coachmaker ; John Peter Blaquire, esq. and
merchant; Thomas Rhodes, Hampstead-
Toad, cowiceeper.
Hampton, Thomas Chad Mrick, esq.; John
Hillman, esq.
HanwelL William Harwood, esq.
HarUsdown*hiUy near Harrow. William
Nicholy farmer.
HatUm-garden, Nathaniel Wright, sur*
▼eyor.
Haya, John Blencowe, esq.
Hendon. Michael Collinson, eeq. Edward
HilLgent.
nighgaie, Edward Hale, gent; Samuel
Provey, esq. and weaver.
Hig^ttrettf Mary-lr-bone. James Sheridinc,
esq.
Hillington, Samuel Marsh, esq*; William
Perry, esq. and doctor of physic ; James
Cook, esq.
Holbom. Robert Mairis, near Great Turn*
stile, gent.
Homtey, David Duveluz, esq. and mer-
chant; John Mayhew, esq. and upholder.
Jblington, Samuel Pullen, gent.
Kensington, James Wheble, gentleman and
taUow-cnaodler ; John Walker, Square, esq . ;
Thomas Ayliffe, esq. ; Samuel Palmer, esq. ;
Bdw. Helme, Parson's- yard, esq. Jeffery
Hohnes, Young-street, esq. ; Alexander Bax-
ter, esq.; Edward Green, Square, esq.; Ed-
mund Jennings, Youne-street, esq. ; Stephen
Aisley, esq.; Robt. Wiflson, Square, esq.; Tho-
mas slanders, Phillimore-place, esq.; John
Mason, esq.; John Battyc, esq. ; Thomas Bur-
ziett,Parson*s-yard,esq.; John Robinson, esq.;
Isaac Lucas, esq. and oilman; John Jenkin-
SOD, esq. ; Thomas Robinson, Church-lane,
esq. and gardener; John Butts, esq. and
ironmonger.
Knightsbridge. Sir Joseph Andrews, hart
Lunehouu. Robert Batson, ship- builder ;
Robert Mellish, ship-builder; James Mitchel,
rope-maker ; Adam Steinmetz, biscuit-baker ;
Jeremiah Blakeman, timber-merchant; Tho-
mas Bird, distiller; Charles Turner, sail-
maker; Thomas Draine, brewer; Emanuel
Goodheart, sugar-refiner ; Christopher Rich-
ardson, timber-merchant; Norrison Cover-
dale, rope-maker; Anthony Calvert* mer-
chant.
Lisson-green. James Stephens, esq.
London^street, Tottenham^eourt-road. George
Sewell, gent.
Marlborough'Streei, ( Great ), John Harrop,
gent.
Mile-end, John Charrington, esq. and
brewer; John Liptrmp, esq. and distiller;
Balpb Keddey, esq. and merchant.
Mimms ^ South), Francis Baroneau, esq.
Moorfields* Samuel Mills, weaver.
Jfewington (Stoke), Gectfge Rigbji .eiq.
' A- D. 1794. [1S98
and Irish-factor; Jonathan Eade, esq. and
ship-chandler.
Neohroad, Teitenham-caurt-road, Joshua
Br<K)ks, dealer in birds; John White,esq. and
builder ; Cam Farmer, gent.
Northumberland-itreet. llenrv Cap^, ^ent.
Oid'ttreet, Richard Child, distiller.
Onnond'Strert, (Nev), Thomas Nixon,
esq. and merchant; William Cooke, esq.
raddington streetf St, Mary-lebonc. Rich-
ard Carter, esq.
PallmaU, Richard Croft, esq. and hanker.
Percy ' street, Rathbone- place, Thomas
Elmsley, esq.
Pimlico, George Shakespear esq. and
builder.
Poplar, John Powsey, carpenter and sur-
veyor.
Portman'Squarc, William Atwick, esq.
Potter's-bar, near Northam, Francis Ham-
mond, esq.
Princes-street, Red'lion-square, John Lo-
vett, gent.
Queen-square, Bloomsbury, William Fraser,
esq.; William Mofiatt,esq. and merchant;
William Arnold, esq.
Queen- street, (Great), I#irico/n*s-tNfi<^.e/is.
Robert Kilbv Cox, esq. and brewer. »
RatcUff. Charles Bowles, Olass-liouse-yard,
Sun-tavern-ficlds, glass manut'icturcr ; Jo*
seph Bird, Cock-hill, esq. and sail-maker;
John Thompson, Sun -tavern- fields, rope*
maker.
Rathbone-place. Hugh French, esq. and
apothecary.
Russel'placc, Sir John Crofts, hart.; Cbarlos
Bishop, esq. and proctor.
St, Catherine's, William Maftliitor, whar-
finger; Henry Good wyn, cso. and brewer.
St, James's- street, Piccadilly, James Crane,
esq,
Sfymour-street (Upper), Mary - Le- banc,
William Phillimore, esq.
Shadwell, Newell Connop, distiller ; Arthur
Shakespear, iitepney-causcway, esq. and rope-
maker; Matthew Whiting, ditto, sugar-re-*
finer.
Shoreditch. Thomas Proctor, Holy well-
street, esq. and brewer ; John Marshall, ditUx
esq.
Smithfield, (East), William Down, whar-
finger ; Hawson Aislabic, wine-merchant and
soap boiler.
Sommer'S'town.3ii\\VL Harrison, Duke's-row
gent.
Southampton-place, Nen^-road. James Hay-
garth, esq. and bHilder; John Maodell, gent.
Thomas Matthews, j^ent.
SouthampUm-row, Bloomsbury. George Wade,
stock-broker.
South MoUon-street. John Pratt, gent.
Sprinii' gardens. Edmund Antrobus, New-
street, esq. and banker.
Stanmore, Samuel Dickenson, esq.; Charles
Wiggin, esq.
Strand, George Jefierys, jeweller atid siU
▼eramilh.
1399] S5 GE0R6B III.
Sunbiury. Rogor Boehm, esq. and nler-
chant; Dicker baundcrs, esq.; James Shcr-
gokl) esq. ; Willuun Parker, c^.
Teddin^on, William Sandby, esq. and
lianker.
Toitenkam. Thomas Powell, Hi^h-cross,
esq. and merchant; William Row, ditto, esq.
and broker ; Charles Pratt, miller.
Tottenham- street. John Leader, gent; Jo-
seph Mawley, gent
Tumham-green. James Payne, esq.
T^irnmU^treet, Coaxrou. Philip Booth,
distiller.
DsDickenham, John Davenport, esq. and
frooUcn-draper; George Gosling, esq. and
banker; Benjamin Green, esq. and register
in chancery ; Edmund Hill, Whiiton, esq. and
gunpowder merchant.
vabridge. John Mercer, meahnan ; Daniel
Cciek, distiller.
Wapping. Thomas Martin, King Edward-
stairs, oiltean; John Rixon, Hermitage-street,
gr ; Daniel Martin, Red Lion-street, esq.;
tw Biirt, Charlotte.4treet, esq. Michael
y, coal-merchant; Nathaniel Allen,
ing*wall, ship-chandler.
.' . ll^ellcwse-tquare, TheophilusPritiler, sugar-
rc^ncr , Casten Bohde, esq. uid suter-refinef.
.. Whiteckapel. Henry BuUock, High- street,
brewer.
Wiltden. Joseph Nicoll, Neasdown, gen-
tieman-farmer ; Edward Franklin, farmer.
Wimbly-green, Richard Page, esq.
9o
[I4M
Beuion House, Clerkenwelly Tuesday , Oct, 7th.
- The Grr4nd Jury being called, presented a
true bill against John Martin, for high treason.
The Chief Justice asked if there were any
more bills ready for the grand jury.
The Foreman said, the jury would be glad
to adjourn to some day, when there might be
business sufficient to engage them the whole
day.
Mr. WhitCy one of the solicitors to the trea-
sury, said, if the Court was adiourncd till
Thursday, he tliought they should be ready
with all the bills that were meant to be pre-
sented, if that day would be convenient for
the jury.
The Foreman said, the jury had no objec-
tion.
The Chief Justice said, he had no objection,
after the business of this day was over, to ad-
journ the court to Thursdav, at 10 o'clock.
At this moment appeared in court Mr. Hol-
croft, who addressed the court to the follow-
ing effect :
•* My Lord ; — " Being informed that
a bill for high treason has been prefer-
red against me, Thomas Holcrofi, by his
miyesty's attorney-general, and returned
a true bill by a grand jury of these realms,
I come to surrender myself to this court,
and inv country, to be put upon my trial;
If I am a ^ty man, the whala e»-
tent of mgr guitt
and, if innocent^ thai Hie reclilMlB of \
princii^ aod cowhietinagr lie mo^mtfi \
And I hope, my lord, thera is no appCMOOi
of vauntiag in sisuring your loidship^ iliis
Court, and my coontiy, that, aftor tba wtMm»
tnne of having been suspected as aa eBrmy !■
the peace and happUiess of maakiod, there m
nothing on earth, after frinch, as an indivi-
dual, 1 more ardently aspire than a faU^ tti^
and public examination.
'< I have further to requeat that jNmr kid.
ship will inform me, if it be not the pnctios^
in these cases, to asaen counsel, and to sofcr
the accused to speak in his own detaopf
Likewise, whether free egress and ragress be
not dlowed for siich persons, bodM, and
papers, as the accused, or his counsel, slnH
deem necessary for justification?^
Chief Justice.^*' With regard to the finC,
Sir, it will be the duty of the Court to a '
you counsel, and also to order that such i
sel shall have firee access to you at all p( ^
hours— with rtfpect. Sir, to the libem'ef
speaking for yourself, the accused mm he
fully heard bv himself, as well as bv his cevn-
sel ; but with regard to Papers, books, and
otlwr things of tlnit kind, it u impossiUe for
to say any thing precisely, with i^gsnile
them, until the Uuna requiiad be
However, %r, you may depend upon it, every
thing will be granted to the party arifiwd, so
as to enable him to make his delonoe. If I
understand you rightly, yoa now admit thsl
you are the person standing indicted by the
name of Thomas Holcroft?'*
Mr. Holcrpft.—'* Yes, my lord."
Chief Justice. — " You come here to surren-
der Yourself, and I can only accept of that ser*
render on tiie supposition that you are the
person so indicted. You know the conse-
quence. Sir, of being indicted of high treason.
I shall be under the necessity of ordering yoo
into custody. I would not wish to take soy
advantage of your coming forward in person,
indiscreetly, m this manner, without being
called upon by the ordinary process of the
law. You should have a moment to consider
whether you surrender yourself as that per-
son."
Mr. Holcrofi. — " It is certainly not my
wish, either to inflict upon myself unneces-
sary punishment, or to appear to put myself
forward on this occasion. I come only as
Thomas Holcroft, of Newman-street, in the
county of Middlesex, and 1 certainly do not
wish to stand more forward, than any other
man ought to stand.*'
Chief Justice.— ^'^ I cannot enter into this
point. If you admit yourself to be the pennon
mdictcd, the consequence must be, that I
must order you to be taken into custody to
answer this charge. I do not know whether
you are, or are not, Themes Hokroft. I do
not know von, and therefore it is 4ai|
for me to know whetor ymt ut tlie
^tgled ift'lks indictaen^''
1401]
Hardy s CW.
A. D. 1794.
[1402
Mr. JM:f«/l^-->^ n U equally tmposslble
formr,-- 'r-V
Cir — "W»y"lhcn, Sir, I ihink
lyou Itriu .. « '^♦tH. 1* there any thing
Imoved oil 1 the cr(/wo with respect
lUnsgeuL.
SaltkUar Omerai. — ** My lord, as I consider
_nj to \ye the person oKsi^sl whom a inie
bill is found, I move llial ne be committed."
Ckirj Jukiitt* — ** 1 do not know how many
person* there may be of the name of Tljomiis
Hokr^fi ; it would be rather extraordinary to
commit a person on tliis ctiarge^ if wc do not
know hnn."
Mr, Jt'f - of the counsel for the
fowiit €< ' ii»at troni wh4.l the pri-
&ner had .w.,. ^. ....i in courts he admitted
ciself to be the person/*
Chttf Jtixtiit — '* That does not signify^
iPocs the 1 I the crown think fit tiiut
enlJci i](l be commilled ?"
(iu*r Octttrui, — ** i movc that he now
Ifeen into custody/'
Cktrfjuriiu, — ^ Sjr^ you must now stand
^mmiiKHl.*'.
A dhcrifTs officer now took Mr. HolcrofI
Rto custody.
''V '' f:4.i{ii-e to the prisoner. — « Arc you
1 name your counsel ?"
J lor immediately named Mr. Er5-
I r. Gibbs^ wliom the court assigned
;'i Uinu
iidvocates were nsimed
\4r. Biistttr.
Jul I I to the Court, that he
ifUH ;. to Mr- Martin aguiiiht
whom tiic pAiA jury had fbtuid a bilK He
re«|iie!ited that he might be {lerniitted to at*
tend Mr. Martin, as, without his as*ii stance,
he did not tliink Mr. M&rtin would be able tu
j'l ' ■ ' 'ijuL
Of«rrft/ objected to tltis ap-
l>M^.xMVL<. t.^x ...kSL' there might be a charge
agsmiil Mr l*f?iirce himself.
the .lutfffe observed, thai until fiome
barj^c wtis preferred, he coutd not refuse this
puhcatiou,
Mr White^ the sohcUor, desired thtit the
Tdrf mi'jht be po^^tponcd until Fnday, which
to, on conditton that a
it wai not preferred tiil
1 ICC then ordered the
; r,
1 1 hiii servant might
vH to him.
that wa^ a sort of
V, and he did not
I ii imJ»ss some-
Mr* Uokntft «aid, tiicre wai* nothing of
bAt W^rt • th.'ii hr did not know it to be un-
'fOr i not have asked it Th«
j *or it^ wa*i jhat his *«r**ant
1^nM)^ . nhis habit to
Jicla^ re It would be
'ItticoifiycouvcDicni 101 mm lo b« iodylgcd
It''
tiing thttt wa-
know thnt 1>«
^iKtng wa>
ct to hi^ I
rn ihh particular, if that #» duL contrary
custom.
The Chief Justice s>M^ he was afraid it -
and he ti)oii;^ht it would be prt*pcr R>r Mr
Holcroft to apply to anotiier fjuarler, which
could belter grant indulgence than he could
sitting in that court.
Mr. Hotcrnfl said, he wished lo have no tt^-
dulgenre ; he only wished for justice,
llic Chief Jttxtnc said, " Then, Sir, I
not make tne order/*
The Court then immediately adjourned
Thursday, at ten o'clock in the morning.
[The precedinir account being that which ap^
pearcd iu the public prints, there appeared
next day, in ttie same pru)L^ the folio wmg
note from Mr. Holcrofl.J
To the Editor, ^c.
Sir ; — The predicament in which f staftd ii
I presume a self-evident motive, why 1 shotild
be assidiously careful that the following
mistake, in youx account of what passed yes-
terday at HicksVhallf should be corre^ltd
You slate, that, when a^kcd by the chief ju^
tice whether I admitted myself to be the pan'
son indicted by the imme of Thr '^ !.
croft, I answered, ** Yen, my lord ; i
answering in this direct manner, tU^ ,^,.. ^mi^ii
immediately awakened in me some apprehen-
sion of havinz too impliciUy credited the re^
ports I heard, from persons of various rank
and station, that a bill f6r high treason was
found against rac ; the purport of my answer
lo his lordship immediately was, that the
only knowledge I had of the event was thai
which I derived from these reports. Such an
answer as you have b* ^ u d I made,
might very innocently I -led a ver^^-
iiinutent man, though iiff irmn i>, it did not
hiippen to escape me. It might perhaps loo
very innocently, but mistakenly, have im-
plied, iu the minds of some people, a consrr-
ousness of my having deserved to be indicted ;
an innuendo which, from my heart and «ou),
and with all the facultic«< I posstss, of mind
memory, and truth, I repel.
TuoMAs HoLcmoft.
Newgate, October 8, 17^4.
4
Id I
Settion HouHpCUrkenwelit Thunda^, Ocl. 91.
llie Court 1^ at ten o clock, whca
the granil.inr i a true bill for high
lrc'j-"T' --.I ,-ui..i iiiUier
A
VVhiu , „ ,...i.jr of the treasury
bill the iur>' retired to their own r t
which the Court at^jourucd to Th - , jb
sixteenth of October.
I
A M was then preferred by Mr.
SeMu^n'a0U$€,CUrkenwtil,Thunday,Oci. XM*
The Court sat as before. The grand ju
returned a true bill ag^imt Jow i*£ii
Fn&klQw for hJ|^ treason.
H03] SSGEOSGEIIL
Jit. W^iu^toLakar oflfac ^
prcftncd t«o other bilb to the
IbcCi«5r'fcM<^«baemd,be
to adbom tbeCflvt 6r the i
keapnfer dqr; mtheaMan Hae Uk^^bj
liwdd proeeed oo the bilb bov bdbie tfaoL
Hb Itfndbte and, lie bofcd w TocsdiT to
^bti— y w JHj kom a fctr lo^g mm
Hk kfdihm aaloed if there ns aiiy
itohttuMmtf Xb viiidby tiicR DCtng m
wvw^ the coort wdjmMmtd to Toeidajy tfie
SIM of October.
The ooort met, vben tlie pand jufribiiDd
stmebin asauiHl ThooM tipcnrr ibr high
treason.
AbBl a^oBft J<te AsUqr.fcrtfaettoie
oniewM Botfoaid.
Adjoumod to Satord^ the t5th of October.
[At f^A &ckidL oo Fridajr monm^^ the
' t of October, the priaotiewy who were coo-
1 in tbeTover, veretakenfiooi thence bj
the ffacrifi^ and conveyed in to knryroachf*
patded bj cotMlablei^ &c but no militarTy
toNewpte.]
Stimrdasf, Oeitker fiSik.
Hie Court met at the Setsion-House, in the
Old Biikjy when^atone o^clocic^the IbUow-
ing took their seats on the bench.
The Lord Mavor, Lord Chief Justice Erre,
Lord Chief' b&roo M'DonaJd, Sir B. Uo-
tbaoiy .Sir N. Grose, Sir F. BuUer. — Alder-
men. Clarke, Gili, Picket, Newman, Ma-
cauJaj, Anderson.
After the usual proclamation, Mr. Kirby,
the keeper of Newgate, was ordered to bring
to the bar the following prisoners m his cus- .
tod^, against whom tlie grand jury had found
their i
First Bill of Indictment |
Thomas Hardy, late of Westminster, in the
county of Middlesex, shoemaker. >
John Home Tooke, late of Wimbledon, in j
the county of Surrey, clerk. |
John Augustus Bonney, late of the parish of !
St Giles in the Fields, in the county of Mid- |
dlesex aforesaid, gentleman.
Stetrart Kydd, late of London, esq.
Jeremiah Joyce, of tlie parish of St. Mary-
le^bone, otherwise Mar}'bone, in the county
of Middlesex aforesaid, gentleman.
Thomas Holcrqft, late of the parish of St.
Mary-le-bone, otherwise Marybone, in the
county of Middlesex aforesaid, gentleman.
John Richter, late of Westminster, in the
•aid county of Middlesex, gentleman.
John Thelwall^ Ute of Westminster, in the
• Mul county of Mkkilesex aforesaid, gentleman.
J9kmBiuti€r, late of the parish of St. Leo-
_ cicnM —
UyUMd,lhegkKn
to the Coortp thai we tave jatt
eome~ oat of a veij cnnfard mad ciwe fade,
and the windowa now ooeaed aft «ar backa^
expose us to so nMxh cold as; ifaaft our health,
Mrtinilafiy ny own, wiil be coQiidcrihlj en-
dangered, and most piobahl j we shall kit
onr Toicea before we leaTe the piece. IsfadI,
therefore, request of the Court to be d»-
miwod as soon as their ooonaiienoe wil
permiL''
^Ifjou are prepared to plead, ur, jmmmj
be msmissed almost innaediatolj. iVe were
waiting for your rounsH, that jouinlg^hire
the benefit of their assistance."
Mr. H. IMe.—'* My krd, in a great Mea-
sure am I prevented from being now able ts
say any thing on the subject of the indict-
ment, from the circumstance of our not navio^
had the ten clear d^ys allowed by ac4 oi yu-
iiament, to persons in our situation. By tbe
chan^ of custody a whole day has been com-
pletely lost to us ; in consequence, we have
not bad an opportunity of conversing with
our counsel. Mr. Erskine and Mr. Gibbs
Ikad engaged themselves to dine witii me on
Friday, fur the purpose of conferring together
on the business of this day. Notice was
given me as late as nine or ten on Thursday
night only, of my intended remo%-al; I was
removed bv eight o'clock the next morning:
it was perfectly impossible for me, therefore,
to take the advantage of my counscr& advice,
as our arrangements were thus completely
destroyed, and all my papers, which I had
collected and arranged in the Tower, thrown
into disorder and confusion. Your lordship—
who never was a prisoner— can have but a
very imperfect idea of the change of cus-
tody."
The Lord President.^" Tlie Court is in-
clined to make every allowance that can be
expected, and is willing to wait the arrival of
your counsel."
Mr. Tooke.^" Rather than catch cold, I
should choose to plead at present. I ask no
indulgence, but desire substantial justice.
When I mentianed the dicumstance of t|ie
1406}
Itardf/t Case.
A. D. 1794f.
[1406
d«y*8 loss, 1 did not, by any means, wish to
cause delay. It is undoubtedly clear, that
the act, which says, that not leu than ten
days should be allowed, by no means meant
to preclude the accused from haying the
advantage of more than ten days, if neces-
sary for the preparation of materials requisite
for their defence. I hope that no inconve.
nience will arise to us from the shifting of
custody :— but we certainly have not had the
indulgence which that law intended us. I
am, however, ready to plead, though deprived
of the advantage of my papers, and the bene-
fit of advice. We have been six months in
close confinement, without being able yet to
imagine what was the nature of the charges
to be brought against us, nor have wc been
• able to discover it from the indictment found
against us."
Mr. TAe/waW.-." My lord, I think it my
duty, and an act of justice to myself and my
country, to mention, in this public manner,
the hardships which we have suffered. Not
to mention the loss of a day, I myself have
to complain of a circumstance very detri-
mental mdeed to me. I have been deprived
ef the benefit of my books and papers, which
I had collected together, and arranged in the
Tower. Whefa we were removed from the
Tower, the sheriffs thought proper not to al-
low me time sutiicient to take them with
me ; I do not mean to attach any blame to
them, when I mention this, for with great
politeness they promised I should have them
sent me. AAerwards, when I had an oppor*
tunity of sending for them through the me-
dium of a friend who was sendme to the
Tower for some things he wanted, 1 was re-
fused, and received an evasive answer. T
was informed, that they could not send what
I wanted, as I had a number of other things
there, and they must be sent for together, as
it would be necessary to have a separate coach
for them. This morning I received a second
evasive answer. I mention this circumstance
not with any view c^ delay, for I am as
anxious, as any man can be tor any thing, to
meet the iustice of my country.*'
The indictment was then read by the clerk
of the Arraigns.
The prisoners were then severally asked the
usual questions, ** Guilty or not guilty f" —
" How will you be tried*'*
Mr. Hardy.^** Not guilty^—'* By God
and my country.**
• Mr. Tooke.—** Not guilty.** On beine ask-
ed how he would be tried, he e^ed the Court
for some seconds with an air of significancy,
which few men are so well able to assume,
and, shaking his head, emphatically answered
— ** I WOULD be tried by uod and my country.
But " ^ J' T
The others answered in the usual manner —
<* Not guilty"— By God and my country.**
Mr. Bonney was about to make some re-
marks, when he was interrupted by
The LordFresidefU.-^TMkit haring con-
i
plained of the coklness of the air, may with-
draw."
Mr. Tooke then withdrew.
JohnAuguttus Bonney,'^** My lord, there
is an error in this indictment^ whkh entitles
me to plead in abatement. I am described
bte of the parish of St. Giles in the Fieldt,
whereas I ought to have been described of
the parish of St. Paneras. I never did reside
in the parish of St. Giles. But, my lord, I
am also charged by this indictment with hav-
ing committed treason in the parish of St.
Gues; and as my description is just as true
and correct as this assertion, I am content
to take my trial upon the indictment in its
present form ; for I look forward with earnest
and anxious expectation for the day when a
jury of my country shall justify me from the
aspersions thrown on my character by this
indictment : I therefore wave my objection,
and plead generally, that I am not guilty.**
Mr. Thelwall. — " There is a circumstance,
my lord, which my counsel have informed
me would entirely quash this indictment as
far as regards me, if I were inclined to take
advantage of it. My description is not right :
I am uescribed as an inhabitant of West^
minster^ whereas I reside in the JUbertiet of
the Duchy of Lancaster. Anxious as I am
to have my conduct examined into by my
country, I despise the idea of availing myself
of any paltry subterfuge. I feel perfectly con-
vinced, that when the long expected day shall
come, no honest jury can say otherwise than
I do now, — Not guilty.**
Mr. Bonney then said, " I beg that your
lordships will allow me a few words before
we quit the bar. I assure you, if I had been
arraigned for any known and certain treason,
for murder, or for felony, I would ask no fa-
vour of your lordships ; but when I stand be-
fore you upon a case, in which (and I believe
I have your lordships' opinion in my favour
on the subject) if the tacts charged against
us should be proved, there would still be very
great doubt upon the law, I trust I do not
make an improper request when I solicit your
lordships, that we may be Allowed as many
of the little comforts and conveniences of lire
(to which we have been accustomed) as may
be consistent with the security of our persons.
Your lordships, I am sure, will agree with me,
that a situation in which a man can neither
sleep by night, nor cast his eye on a ray of
comfort by day, is not much adapted to pre-
pare his mind for so important a trial as
mine — and yet, my lords, such is my situa-
tion.
** I beg to be understood not to intend the
smallest insinuation against the sheriffs; their
language and their countenances, when they
visited me yesterday in my cell, sufficiently
convinced me of the concern they felt at not
being able to afford me better accommodation.
My request, tlicrcforc, to your lordships is,
that we may be remanded to the custody ^f
the governor of the Toweri whece w^ Gi
ft Itte act of periismeDt, ^r constituting
ifae'oommbsiunf be recorded.**
Mr. Erskine, who, together with Mr. Gibbs
ftnd Mr. Vaygtian, couusel for the prisoners,
htA come iutu court d tiring the reading of the
iiulklmenl by the clerk of I he crown, apolo-
gbecd to the Court for their momentary ab-
Moee, w not expecting the business of the
Ckntrl to begin so cmrly. lie understood that
Mr. Home Tooke had stated^ and truly, to
tbe Court, the total want of coaimunication
l«etive«n him and hu counsel, owing to his
oiMttpected renHivnl, He therefore conttded
m the dii»cretiufi and humanity of the Court,
that ihey would, in some degree, remc*Jy this
«viJy by not proceeding to trial till Tues-
daif ne^it at the soonest, in order to afl'urd an
Interval for such communication between the
prifooers and counsel as was necessary for
their safety.
The Attorney General said, the prisoners
w«re duly apprised of their being Xu be ar-
raigned as on this day. Their removal t rom the
Tower to Newsatc was arranged to take plaice
as late as possible, in order to prevent their
willed it, that the
stand o%er tillTuesdayJ
The Court accortljng
tbc commencement ot
next* The attoroev-gc
Court, either that Ineyl
next, for which day
moned, or else they mu
for Tuesday,
The Court directed (
give notice ta the gtflt
that their presence wotil
till Tucsilay ; and that Ih
on Monday morning f^ntj]
over to the following day,
busnines^.
The Court waa then \
next at eight o'clock in I
The' Court met at
monun^ pro/^rwHOy and
y'cl<jck in the murnttiH
Huntfi trials by Sihtj, *